Response to Office Action

Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number. PTO Form 1957 (Rev 10/2011)

OMB No. 0651-0050 (Exp 09/20/2020)

---

Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number. PTO Form 1957 (Rev 10/2011)

OMB No. 0651-0050 (Exp 09/20/2020)

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 88073396 VESPER(Standard Characters, see http://uspto.report/TM/88073396/mark.png) has been amended as follows:

ARGUMENT(S)
In response to the substantive refusal(s), please note the following:

The office action cites a prior-filed application, serial number 87746009, and states that the present application may be suspended pending final disposition of that application. The present applicant notes that the cited application serial number 87746009 is presently suspended in view of several other registrations that are yet earlier, including application serial number 87398235 (which is registration 5478572). This cited registration 5478572 is for the mark VESPER MARINE, and is owned by the present applicant. The applicant therefore submits that the cited application serial number 87746009 should be refused in view of the present applicant?s own prior registration, and that the present application should be allowed. The applicant notes that these remarks are only preliminary at this stage, and the applicant therefore reserves all right to address the issue later in the event a refusal under Section 2(d) issues.

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 009 for Marine transponders; Electronic receivers, transceivers and displays for marine vessel collision avoidance utilizing Universal Shipborne Automatic Identification System (AIS); Electronic devices for marine vessel navigation and electronic devices for marine vessel safety, namely, GNSS receivers, AIS receivers and transponders, wireless routers, and protocol converters; antennas; signal splitters for electronic apparatus; electronic cables; Electronic devices, namely, transponders, shore stations, and Aids to Navigation for protecting surface and subsurface equipment from damage by vessels; marine radio communication machines and apparatus; marine electronic devices, namely, vessel monitoring systems; software for protecting surface and subsurface equipment from damage by vessels; computer application software for mobile devices, namely, software for remote monitoring, configuring, and providing alerts and notifications for marine vessels
Original Filing Basis:
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 08/09/2018 and first used in commerce at least as early as 08/09/2018 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Marine transponders; Electronic receivers, transceivers and displays for marine vessel collision avoidance utilizing Universal Shipborne Automatic Identification System (AIS); Electronic devices for marine vessel navigation and electronic devices for marine vessel safety, namely, GNSS receivers, AIS receivers and transponders, wireless routers, and protocol converters; antennas; signal splitters for electronic apparatus; electronic cables; Electronic devices, namely, transponders, shore stations, and Aids to Navigation for protecting surface and subsurface equipment from damage by vessels; marine radio communication machines and apparatus; marine electronic devices, namely, vessel monitoring systems; marine electronic devices, namely, vessel monitoring systems consisting of display monitors and computer processors and associated application software to interact with marine sensors; software for protecting surface and subsurface equipment from damage by vessels; computer application software for mobile devices, namely, software for remote monitoring, configuring, and providing alerts and notifications for marine vesselsClass 009 for Marine transponders; Electronic receivers, transceivers and displays for marine vessel collision avoidance utilizing Universal Shipborne Automatic Identification System (AIS); Electronic devices for marine vessel navigation and electronic devices for marine vessel safety, namely, GNSS receivers, AIS receivers and transponders, wireless routers, and protocol converters; antennas; signal splitters for electronic apparatus; electronic cables; Electronic devices, namely, transponders, shore stations, and Aids to Navigation for protecting surface and subsurface equipment from damage by vessels; marine radio communication machines and apparatus; marine electronic devices, namely, vessel monitoring systems consisting of display monitors and computer processors and associated application software to interact with marine sensors; software for protecting surface and subsurface equipment from damage by vessels; computer application software for mobile devices, namely, software for remote monitoring, configuring, and providing alerts and notifications for marine vessels
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 08/09/2018 and first used in commerce at least as early as 08/09/2018 , and is now in use in such commerce.
SIGNATURE(S)
Response Signature
Signature: /Lawrence D Graham/     Date: 05/02/2019
Signatory's Name: Lawrence D Graham
Signatory's Position: Attorney of Record, Washington bar member

Signatory's Phone Number: 2063813300

The signatory has confirmed that he/she is an attorney who is a member in good standing of the bar of the highest court of a U.S. state, which includes the District of Columbia, Puerto Rico, and other federal territories and possessions; and he/she is currently the owner's/holder's attorney or an associate thereof; and to the best of his/her knowledge, if prior to his/her appointment another U.S. attorney or a Canadian attorney/agent not currently associated with his/her company/firm previously represented the owner/holder in this matter: (1) the owner/holder has filed or is concurrently filing a signed revocation of or substitute power of attorney with the USPTO; (2) the USPTO has granted the request of the prior representative to withdraw; (3) the owner/holder has filed a power of attorney appointing him/her in this matter; or (4) the owner's/holder's appointed U.S. attorney or Canadian attorney/agent has filed a power of attorney appointing him/her as an associate attorney in this matter.

        
Serial Number: 88073396
Internet Transmission Date: Thu May 02 17:54:12 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XXX.XX.XX-20190502175412646
325-88073396-6207f6d797bec3ffb65927cd689
74e0311b3a1f1f543741e38580db1555ff9af1-N
/A-N/A-20190502175337115569