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. 88103808 MYZONE(Standard Characters, see http://uspto.report/TM/88103808/mark.png) has been amended as follows:

EVIDENCE
Evidence in the nature of Applicant's Response to Office Action issued and supporting documentation has been attached.
Original PDF file:
evi_97107162130-20190618092952150158_._MYZONE_298533_Response_to_Office_Action.pdf
Converted PDF file(s) ( 15 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Evidence-6
Evidence-7
Evidence-8
Evidence-9
Evidence-10
Evidence-11
Evidence-12
Evidence-13
Evidence-14
Evidence-15

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 011 for A desk mounted personal environment product providing for a fully personalized work zone and environment, including controls for heating, cooling, white noise, light levels, desk height, and component charging
Original Filing Basis:
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant.

Proposed:
Tracked Text Description: A desk mounted personal environment product providing for a fully personalized work zone and environment, including controls for heating, cooling, white noise, light levels, desk height, and component charging; A desk mounted personal environment system providing for a fully personalized work zone and environment, consisting primarily of apparatus for air heating and cooling, and also consisting of white noise machines, light with varying illumination levels, desk with adjustable height, component battery charger, and lighting fixtures with motion detection, electric lighting fixtures, electric devices to be plugged into wall outlets having a heating element and that dispenses white noise or noise cancelling frequencies, and power for charging personal devices, electric air sanitizing unit, dehumidifiers, fans for air conditioning apparatus, lighting apparatus, namely lighting installations, ionisation apparatus for the treatment of air, air sterilizers, portable electric air dryer, interior environment control system for commercial buildings, namely heaters, ventilators, and humidifiers all sold as one unit, heating panels used for indoor heating purposes, air conditioning apparatus and installations, air conditioning apparatus, air purifying apparatus and machines, air purifying apparatus, air filtering installations, air cooling apparatus, air conditioning installations, air conditioning apparatus and installations, air conditioning apparatus, electric space heaters, HVAC units, evaporative air coolers, portable electric heaters, air purification units, electronic generator for use in controlling the amount of humidity in the air, air sterlizing apparatus, air exchangers for cleaning and purifying air, personal air filtering units for purifying air, portable evaporative air coolers, USB-powered humidifiers for household use, air conditioning, air cooling and ventilation apparatus and instruments, air conditioning units for personal environment, USB-powered desktop fans.Class 011 for A desk mounted personal environment system providing for a fully personalized work zone and environment, consisting primarily of apparatus for air heating and cooling, and also consisting of white noise machines, light with varying illumination levels, desk with adjustable height, component battery charger, and lighting fixtures with motion detection, electric lighting fixtures, electric devices to be plugged into wall outlets having a heating element and that dispenses white noise or noise cancelling frequencies, and power for charging personal devices, electric air sanitizing unit, dehumidifiers, fans for air conditioning apparatus, lighting apparatus, namely lighting installations, ionisation apparatus for the treatment of air, air sterilizers, portable electric air dryer, interior environment control system for commercial buildings, namely heaters, ventilators, and humidifiers all sold as one unit, heating panels used for indoor heating purposes, air conditioning apparatus and installations, air conditioning apparatus, air purifying apparatus and machines, air purifying apparatus, air filtering installations, air cooling apparatus, air conditioning installations, air conditioning apparatus and installations, air conditioning apparatus, electric space heaters, HVAC units, evaporative air coolers, portable electric heaters, air purification units, electronic generator for use in controlling the amount of humidity in the air, air sterlizing apparatus, air exchangers for cleaning and purifying air, personal air filtering units for purifying air, portable evaporative air coolers, USB-powered humidifiers for household use, air conditioning, air cooling and ventilation apparatus and instruments, air conditioning units for personal environment, USB-powered desktop fans.
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant.

Applicant hereby adds the following class of goods/services to the application:
New: Class 009 for A desk mounted personal environment control system providing for a fully personalized work zone and environment, consisting primarily of temperature controls for heating and cooling, and also consisting of controllers for white noise volume, light levels, desk height, battery chargers for component charging.
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant.

FEE(S)
Fee(s) in the amount of $275 is being submitted.

SIGNATURE(S)
Declaration Signature

DECLARATION: The signatory being warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. § 1001, and that such willful false statements and the like may jeopardize the validity of the application or submission or any registration resulting therefrom, declares that, if the applicant submitted the application or allegation of use (AOU) unsigned, all statements in the application or AOU and this submission based on the signatory's own knowledge are true, and all statements in the application or AOU and this submission made on information and belief are believed to be true.

STATEMENTS FOR UNSIGNED SECTION 1(a) APPLICATION/AOU: If the applicant filed an unsigned application under 15 U.S.C. §1051(a) or AOU under 15 U.S.C. §1051(c), the signatory additionally believes that: the applicant is the owner of the mark sought to be registered; the mark is in use in commerce and was in use in commerce as of the filing date of the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; the original specimen(s), if applicable, shows the mark in use in commerce as of the filing date of the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; for a collective trademark, collective service mark, collective membership mark application, or certification mark application, the applicant is exercising legitimate control over the use of the mark in commerce and was exercising legitimate control over the use of the mark in commerce as of the filing date of the application or AOU; for a certification mark application, the applicant is not engaged in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant. To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services/collective membership organization of such other persons, to cause confusion or mistake, or to deceive.

STATEMENTS FOR UNSIGNED SECTION 1(b)/SECTION 44 APPLICATION AND FOR SECTION 66(a) COLLECTIVE/CERTIFICATION MARK APPLICATION: If the applicant filed an unsigned application under 15 U.S.C. §§ 1051(b), 1126(d), and/or 1126(e), or filed a collective/certification mark application under 15 U.S.C. §1141f(a), the signatory additionally believes that: for a trademark or service mark application, the applicant is entitled to use the mark in commerce on or in connection with the goods/services specified in the application; the applicant has a bona fide intention to use the mark in commerce and had a bona fide intention to use the mark in commerce as of the application filing date; for a collective trademark, collective service mark, collective membership mark, or certification mark application, the applicant has a bona fide intention, and is entitled, to exercise legitimate control over the use of the mark in commerce and had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce as of the application filing date; the signatory is properly authorized to execute the declaration on behalf of the applicant; for a certification mark application, the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant. To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services/collective membership organization of such other persons, to cause confusion or mistake, or to deceive.

Signature: /Brian J. Gerling/      Date: 06/18/2019
Signatory's Name: Brian J. Gerling
Signatory's Position: Attorney of Record, New York Bar Member
Signatory's Phone Number: 315-214-2024


Response Signature
Signature: /Brian J. Gerling/     Date: 06/18/2019
Signatory's Name: Brian J. Gerling
Signatory's Position: Attorney of Record, New York Bar Member

Signatory's Phone Number: 315-214-2024

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.

        
RAM Sale Number: 88103808
RAM Accounting Date: 06/18/2019
        
Serial Number: 88103808
Internet Transmission Date: Tue Jun 18 09:32:58 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XXX-201906180932583
78114-88103808-620d9aec1e6709cf4d531ecc5
4a16c027281efd6142de47ea4f4caef31399daaf
fb-DA-8834-20190618092952150158