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)

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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. 88090273 INTELLISYNC(Standard Characters, see http://uspto.report/TM/88090273/mark.png) has been amended as follows:

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

U.S. APPLICATION SERIAL NO. 88090273 Ironhawk Technologies, Inc. David Gomes, President and CEO dgomes@ironhawk.com, 310-713-3283 Dear Sirs or Ma'ams, Ironhawk Technologies, Inc. We feel that the denial for our application to trademark IntelliSync might be erroneous because it was based upon an argument of 'likelihood of confusion' with registration number 2139648 by Puma Technologies which we feel is a completely different product and market space even given that Puma Technologies has long ago gone out of business and is a defunct corporation. "Registration of the applied-for mark is refused because of a likelihood of confusion with the mark in U.S. Registration No. 2139648. Trademark Act Section 2(d), 15 U.S.C. ?1052(d); see TMEP ??1207.01 et seq. See the attached registration." First of all, Puma is no longer an operating business. Secondly, in this registration by Puma, they have defined their product as such: "IC 009. US 021 023 026 036 038. G & S: computer software which synchronizes data between disparate formats. FIRST USE: 19960800. FIRST USE IN COMMERCE: 19960800" Intellisync by the defunct company Puma was a 1990's 'data conversion' software product. It converts data formats to so that their is only one standard data format prior to transmission. This methodology was abandoned in about 2002-2004 because today's technology world requires all software to be data agnostic and data format conversions are no longer performed. On the other hand, Ironhawk's IntelliSync is an enterprise data replication product utilizing delta differencing for easier distribution. This product is currently in use by the United States Navy. Unlike Puma's product, it is not a consumer data conversion product and is considered a completely different market and customer base. An example of a similar case is another trademark registered to Ironhawk: SmartSync. Ironhawk has never objected, nor other companies denied use of the trademark SmartSync for markets such as 'data synchronization between medical devices' or 'legal document synchronization.' Other companies were issued similar marks because there was no chance for 'likelihood of confusion' between an enterprise data synchronization, replication, an distribution solution such as Ironhawk's and other such as a manufacturer of medical beds that transmit data utilizing the same product name of SmartSync. It is Ironhawk's argument that its registration for IntelliSync (Serial Number 88090273) should be granted because the only company (now defunct) (registration number 2139648) cited as a parallel market is in fact no way related to the same market and therefore there no chance that there is a likelihood of confusion between the two products nor the two general markets: Ironhawk IntelliSync: Enterprise Data Replication and Distribution Product the the United States Military. Puma's IntelliSync: 1990's defunct consumer data format conversion software (no longer offered) We look forward to the ensuing dialog and apologize to you for any inconvenience that this may cause you. David A. Gomes President and CEO Ironhawk Technologies, Inc. dgomes@ironhawk.com 310-713-3283

EVIDENCE
Evidence in the nature of Attached are website screenshot of Ironhawk's IntelliSync along with the defunct company Puma's Wikipedia definition of their defunct software to illustrate the great difference between the products, and more importantly, the two different broad market segments. has been attached.
Original PDF file:
evi_4715513249-20190303144627070206_._Product_Catalog_Addition___Ironhawk_Technologies__Inc_.pdf
Converted PDF file(s) ( 2 pages)
Evidence-1
Evidence-2
Original PDF file:
evi_4715513249-20190303144627070206_._Intellisync_-_Wikipedia.pdf
Converted PDF file(s) ( 3 pages)
Evidence-1
Evidence-2
Evidence-3

SIGNATURE(S)
Response Signature
Signature: /DAG/     Date: 03/03/2019
Signatory's Name: David Andrew Gomes
Signatory's Position: President and CEO

Signatory's Phone Number: 3107133283

The signatory has confirmed that he/she is not represented by either an authorized attorney or Canadian attorney/agent, and that he/she is either: (1) the owner/holder ; or (2) a person(s) with legal authority to bind the owner/holder; and if an authorized U.S. attorney or Canadian attorney/agent previously represented him/her in this matter, either he/she has filed a signed revocation of power of attorney with the USPTO or the USPTO has granted the request of his/her prior representative to withdraw.

        
Serial Number: 88090273
Internet Transmission Date: Sun Mar 03 15:01:19 EST 2019
TEAS Stamp: USPTO/ROA-XX.XXX.XX.XXX-2019030315011995
2880-88090273-620cd1f895648a959419cceafb
c4d5953949d3359d19c2ed15a61e96f18c4a6-N/
A-N/A-20190303144627070206