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
The table below presents the data as entered.
Input Field
|
Entered
|
SERIAL NUMBER |
88123927 |
LAW OFFICE ASSIGNED |
LAW OFFICE 126 |
MARK SECTION |
MARK |
http://uspto.report/TM/88123927/mark.png |
LITERAL ELEMENT |
HAWKEYE |
STANDARD CHARACTERS |
YES |
USPTO-GENERATED IMAGE |
YES |
MARK STATEMENT |
The mark consists of standard characters, without claim to any particular font style, size or color. |
ARGUMENT(S) |
Please see the actual argument text attached within the Evidence section. |
EVIDENCE SECTION |
EVIDENCE FILE NAME(S) |
ORIGINAL PDF FILE |
evi_2076785158-20190226120914757237_._ROA__HAWKEYE.pdf |
CONVERTED PDF FILE(S)
(2 pages) |
\\TICRS\EXPORT17\IMAGEOUT17\881\239\88123927\xml5\ROA0002.JPG |
|
\\TICRS\EXPORT17\IMAGEOUT17\881\239\88123927\xml5\ROA0003.JPG |
DESCRIPTION OF EVIDENCE FILE |
Applicant's actual argument text. |
GOODS AND/OR SERVICES SECTION (009)(current) |
INTERNATIONAL CLASS |
009 |
DESCRIPTION |
computer hardware; computer software for eye-tracking and gaze-tracking |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (009)(proposed) |
INTERNATIONAL CLASS |
009 |
TRACKED TEXT DESCRIPTION |
computer hardware; computer software for eye-tracking and
gaze-tracking |
FINAL DESCRIPTION |
computer software for eye-tracking and gaze-tracking |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (042)(no change) |
SIGNATURE SECTION |
RESPONSE SIGNATURE |
/kfennessy/ |
SIGNATORY'S NAME |
Kathleen S. Fennessy |
SIGNATORY'S POSITION |
Attorney, BARNES & THORNBURG LLP, Indiana Bar Member |
SIGNATORY'S PHONE NUMBER |
317-236-1313 |
DATE SIGNED |
02/26/2019 |
AUTHORIZED SIGNATORY |
YES |
FILING INFORMATION SECTION |
SUBMIT DATE |
Tue Feb 26 12:13:50 EST 2019 |
TEAS STAMP |
USPTO/ROA-XXX.XX.XX.XXX-2
0190226121350136412-88123
927-620282f5e41ffb4bfdb39
7d83c6f5a6bcc9531f427142e
b8ef7988b4d9608e8d6e-N/A-
N/A-20190226120914757237 |
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.
88123927 HAWKEYE(Standard Characters, see http://uspto.report/TM/88123927/mark.png) has been amended as follows:
ARGUMENT(S)
In response to the substantive refusal(s), please note the following:
Please see the actual argument text attached within the Evidence section.
EVIDENCE
Evidence in the nature of Applicant's actual argument text. has been attached.
Original PDF file:
evi_2076785158-20190226120914757237_._ROA__HAWKEYE.pdf
Converted PDF file(s) ( 2 pages)
Evidence-1
Evidence-2
CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 009 for computer hardware; computer software for eye-tracking and gaze-tracking
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: computer hardware;
computer software for eye-tracking and gaze-trackingClass 009 for computer software
for eye-tracking and gaze-tracking
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.
SIGNATURE(S)
Response Signature
Signature: /kfennessy/ Date: 02/26/2019
Signatory's Name: Kathleen S. Fennessy
Signatory's Position: Attorney, BARNES & THORNBURG LLP, Indiana Bar Member
Signatory's Phone Number: 317-236-1313
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: 88123927
Internet Transmission Date: Tue Feb 26 12:13:50 EST 2019
TEAS Stamp: USPTO/ROA-XXX.XX.XX.XXX-2019022612135013
6412-88123927-620282f5e41ffb4bfdb397d83c
6f5a6bcc9531f427142eb8ef7988b4d9608e8d6e
-N/A-N/A-20190226120914757237