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 1960 (Rev 10/2011) |
OMB No. 0651-0050 (Exp 09/20/2020) |
Request for Reconsideration after Final Action
The table below presents the data as entered.
Input Field
|
Entered
|
SERIAL NUMBER |
88136790 |
LAW OFFICE ASSIGNED |
LAW OFFICE 105 |
MARK SECTION |
MARK FILE NAME |
http://uspto.report/TM/88136790/mark.png |
LITERAL ELEMENT |
NVIDIA |
STANDARD CHARACTERS |
NO |
USPTO-GENERATED IMAGE |
NO |
GOODS AND/OR SERVICES SECTION (007)(no change) |
GOODS AND/OR SERVICES SECTION (012)(current) |
INTERNATIONAL CLASS |
012 |
DESCRIPTION |
Vehicles, namely, land vehicles, water vehicles, air vehicles, railway vehicles, and space vehicles; Cars; Land vehicles; Automobiles;
Autonomous cars; Autonomous vehicles; Self-driving transport vehicles; Robotic cars; Vehicle parts and fittings; Vehicle equipment and hardware, namely, equipment and hardware for self-driving
vehicles; Vehicle anti-theft and security equipment, namely, apparatus for vehicle anti-theft and security; Land vehicles featuring autonomous driving features and structural parts and accessories
therefor; Driverless cars; Driverless transporter vehicles; Driverless cars, namely, autonomous cars; Electric vehicles, namely, electric vehicles for use on land, water, rails, or space; Electric
vehicles, namely, electric land vehicles, electric automobiles, electric cars; Artificial intelligence based solutions, namely, autonomous cars; Auto aftermarket accessories, namely, electronic
accessories; Car accessories, namely, replacement infotainment systems for in-vehicle communications, entertainment, and navigation; Vehicle instrument panel; Vehicle interior trim kits comprising
dashboard trim panels, instrument cluster surround, radio/climate control bezel, and infotainment systems; Robotic and self-driving transport vehicles that transport people, packages, and freight;
Driverless land vehicles; Connected vehicles, namely, land vehicles connected to internet; Remote controlled land vehicles; vehicles for locomotion by land; structural electrical assemblies adapted
for automotive and electric vehicles, namely, instrument cluster assemblies, modular cockpit assemblies, and transmission speed sensors; Components, instruments and accessories for land vehicles,
namely, instrument clusters and electrical controllers; Rear-seat entertainment (RSE) systems specially adapted for automobiles; Dashboards for vehicles; Replacement parts and fittings for the above
goods |
FILING BASIS |
Section 1(b) |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
017882469 |
FOREIGN APPLICATION COUNTRY |
European Union Trademark - EUTM |
FOREIGN FILING DATE |
03/30/2018 |
GOODS AND/OR SERVICES SECTION (012)(proposed) |
INTERNATIONAL CLASS |
012 |
TRACKED TEXT DESCRIPTION |
Vehicles, namely, land vehicles, water vehicles, air vehicles, railway vehicles, and space
vehicles; Vehicles, namely, land vehicles, water vehicles being boats and amphibious vehicles, air vehicles being airplanes, aircraft, helicopters and drones,
railway vehicles being railway cars and trains, and space vehicles; Cars; Land vehicles; Automobiles;
Autonomous cars; Autonomous vehicles; Autonomous vehicles, namely, unmanned vehicles and
self-driving vehicles; Self-driving transport vehicles; Robotic cars; Vehicle parts and fittings;
land vehicle structural parts; Vehicle equipment and hardware, namely, equipment and hardware for self-driving vehicles;
Structural parts for self-driving cars; Vehicle anti-theft and security equipment, namely, apparatus for vehicle anti-theft and
security; Vehicle anti-theft and security equipment, namely, anti-theft and security devices for vehicles; Land vehicles featuring
autonomous driving features and structural parts and accessories therefor; Driverless cars; Driverless transporter vehicles;
Driverless transporter vehicles, namely, self-driving transport vehicles; Driverless cars, namely, autonomous cars; Electric vehicles, namely, electric vehicles for use on land, water, rails, or space; Electric vehicles, namely, electric cars, trucks,
boats, amphibious vehicles, railway cars, trains and space vehicles for use on land, water, rails, or space; Electric vehicles, namely, electric land vehicles, electric
automobiles, electric cars; Artificial intelligence based solutions, namely, autonomous cars; autonomous cars based on
artificial intelligence solutions; Auto aftermarket accessories, namely, electronic accessories; Vehicle interior trim
kits comprising dashboard trim panels, instrument cluster surround, radio/climate control bezel; Car accessories, namely, replacement infotainment systems for
in-vehicle communications, entertainment, and navigation; Robotic and self-driving transport vehicles that transport people, packages, and freight; Vehicle instrument panel; Driverless land vehicles; Vehicle interior trim kits comprising dashboard trim
panels, instrument cluster surround, radio/climate control bezel, and infotainment systems; Connected vehicles, namely, land vehicles connected to internet;
Remote controlled land vehicles; vehicles for locomotion by land; structural electrical assemblies adapted for automotive
and electric vehicles, namely, instrument cluster assemblies, modular cockpit assemblies, and transmission speed sensors; Components, instruments and accessories for land
vehicles, namely, instrument clusters and electrical controllers; Rear-seat entertainment (RSE) systems specially adapted for automobiles; Dashboards for vehicles; Vehicle instrument panel, namely, front dash panel; Replacement parts and fittings
for the above goods |
FINAL DESCRIPTION |
Vehicles, namely, land vehicles, water vehicles being boats and amphibious vehicles, air vehicles being airplanes, aircraft,
helicopters and drones, railway vehicles being railway cars and trains, and space vehicles; Cars; Land vehicles; Automobiles; Autonomous cars; Autonomous vehicles, namely, unmanned vehicles and
self-driving vehicles; Self-driving transport vehicles; Robotic cars; land vehicle structural parts; Structural parts for self-driving cars; Vehicle anti-theft and security equipment, namely,
anti-theft and security devices for vehicles; Land vehicles featuring autonomous driving features and structural parts and accessories therefor; Driverless cars; Driverless transporter vehicles,
namely, self-driving transport vehicles; Driverless cars, namely, autonomous cars; Electric vehicles, namely, electric cars, trucks, boats, amphibious vehicles, railway cars, trains and space
vehicles for use on land, water, rails, or space; Electric vehicles, namely, electric land vehicles, electric automobiles, electric cars; autonomous cars based on artificial intelligence solutions;
Vehicle interior trim kits comprising dashboard trim panels, instrument cluster surround, radio/climate control bezel; Robotic and self-driving transport vehicles that transport people, packages, and
freight; Driverless land vehicles; Connected vehicles, namely, land vehicles connected to internet; Remote controlled land vehicles; vehicles for locomotion by land; structural electrical assemblies
adapted for automotive and electric vehicles, namely, instrument cluster assemblies, modular cockpit assemblies, and transmission speed sensors; Components, instruments and accessories for land
vehicles, namely, instrument clusters and electrical controllers; Rear-seat entertainment (RSE) systems specially adapted for automobiles; Dashboards for vehicles; Vehicle instrument panel, namely,
front dash panel |
FILING BASIS |
Section 1(b) |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
017882469 |
FOREIGN APPLICATION COUNTRY |
European Union Trademark - EUTM |
FOREIGN FILING DATE |
03/30/2018 |
INTENT TO
PERFECT 44(d)
|
At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await
the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained. |
GOODS AND/OR SERVICES SECTION (038)(current) |
INTERNATIONAL CLASS |
038 |
DESCRIPTION |
Telecommunications consultation; Internet broadcasting services; Video broadcasting; Audio broadcasting; Video conferencing services;
Streaming of video material on the internet; Streaming of digital media content for others; Streaming of electronic games on the Internet; Streaming of audio, visual and audiovisual material via a
global computer network; Streaming and live streaming of video, audiovisual, and interactive audiovisual content via the internet; Electronic transmission and streaming of digital media content for
others via global and local computer networks; Broadcasting of audio and video content and programming over the internet; Electronic delivery of images and photographs via a global computer network
and via mobile electronic devices; electronic transmission and streaming of digital media content for others via global and local computer networks and via mobile electronic devices; Streaming user
generated photographic and video content via a website on the internet and via mobile electronic devices; Providing internet chat rooms; Providing on-line forums for transmission of messages among
computer users; Streaming of data; Computer aided transmission of information and images; Transfer of data by telecommunication; Video on demand transmissions; Communications services, namely,
transmitting streamed sound and audiovisual recordings via the Internet by means of computer terminals, video game consoles or hand-held games with liquid crystal displays; Broadcasting services and
provision of telecommunication access to video and audio content provided via a video-on demand service via the Internet; Wireless electronic transmission of voice signals, data, facsimiles, images
and information; Consultancy in the field of audio, text and visual data transmission and communication for telecommunication other than broadcasting ; Communication by computer terminals; Providing
communication transmission over value added telecommunication networks, namely, information transmission via electronic communications networks; Rental of telecommunication equipment for accessing to
communication networks; Providing technical support services regarding the usage of communications equipment, namely, transmission of information by data communications; Providing facilities and
equipment for video conferencing; Audio and video teleconferencing services; Electronic exchange of voice, data, audio, video, text and graphics via the internet and telecommunications networks;
Providing electronic bulletin boards for transmission of messages among users in the field of general interest; Providing an online community forum for users to share and stream information, audio,
video, real-time news, entertainment content, or information; Photo sharing and video sharing services, namely, electronic transmission of digital photo files, videos and audio visual content among
internet users; Providing access to computer, electronic and online databases; Telecommunications services, namely, electronic transmission of data, messages, graphics, images, audio, video and
information; Providing online forums for communication on topics of general interest; Providing online communications links which transfer mobile device and internet users to other local and global
online locations; Facilitating access to third party websites or to other electronic third party content via a universal login; Providing online chat rooms, email and instant messaging services, and
electronic bulletin boards; Audio, text and video broadcasting services over the internet or other communication networks; Voice over internet protocol (VOIP) services; Telephony communication
services; Peer-to-peer photo and data sharing services, namely, electronic transmission of digital photo and video files, graphics and audio content among internet users; Telecommunications and
peer-to-peer network computer services, namely, electronic transmission of images, audio-visual and video content, photographs, videos, data, text, messages, advertisements, media advertising
communications and information; Providing user access to digital content, namely, text, audio, video, images, still and motion pictures, graphics, computer games, video games, signals, messages and
multimedia files; Telecommunications services, namely, electronic transmission of virtual and augmented reality content and data; information, consultancy and advisory services relating to all of the
aforesaid |
FILING BASIS |
Section 1(b) |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
017882469 |
FOREIGN APPLICATION COUNTRY |
European Union Trademark - EUTM |
FOREIGN FILING DATE |
03/30/2018 |
GOODS AND/OR SERVICES SECTION (038)(proposed) |
INTERNATIONAL CLASS |
038 |
TRACKED TEXT DESCRIPTION |
Telecommunications consultation; Internet broadcasting services; Video broadcasting; Audio broadcasting; Video conferencing services; Streaming of video material on the
internet; Streaming of digital media content for others; Streaming of electronic games on the Internet; Streaming of
audio, visual and audiovisual material via a global computer network; Streaming and live streaming of video, audiovisual, and interactive audiovisual content via the
internet; Electronic transmission and streaming of digital media content for others via global and local computer networks; Broadcasting of audio
and video content and programming over the internet; Electronic delivery of images and photographs via a global computer network and via mobile electronic devices;
electronic transmission and streaming of digital media content for others via global and local computer networks and via mobile electronic devices; Streaming user generated photographic and video content via a website on the internet and via mobile electronic devices; Providing internet chat rooms;
Providing on-line forums for transmission of messages among computer users; Streaming of data; Computer aided transmission
of information and images; Transfer of data by telecommunication; Video on demand transmissions; Communications
services, namely, transmitting streamed sound and audiovisual recordings via the Internet by means of computer terminals, video game consoles or hand-held games with liquid crystal displays;
Broadcasting services and provision of telecommunication access to video and audio content provided via a video-on demand service via the Internet; Wireless electronic transmission of voice signals, data, facsimiles, images and information; Consultancy in the field of audio, text and visual data transmission
and communication for telecommunication other than broadcasting; Communication by computer terminals; Providing communication transmission over
value added telecommunication networks, namely, information transmission via electronic communications networks; Rental of telecommunication equipment for accessing to
communication networks; Providing technical support services regarding the usage of communications equipment, namely, transmission of information by data
communications; Providing technical support services in the nature of telecommunications consultation services regarding the usage of communications
equipment; Providing facilities and equipment for video conferencing; Audio and video teleconferencing services; Electronic exchange of voice, data, audio, video, text and graphics via the internet and telecommunications networks; Providing electronic bulletin boards for
transmission of messages among users in the field of general interest; Providing an online community forum for users to share and stream information, audio, video,
real-time news, entertainment content, or information; Photo sharing and video sharing services, namely, electronic transmission of digital photo files, videos and audio
visual content among internet users; Providing access to computer, electronic and online databases; Telecommunications services, namely,
electronic transmission of data, messages, graphics, images, audio, video and information; Providing online forums for communication on topics of general interest;
Providing online communications links which transfer mobile device and internet users to other local and global online locations; Facilitating access
to third party websites or to other electronic third party content via a universal login; Providing online chat rooms, email and instant messaging services, and electronic
bulletin boards; Audio, text and video broadcasting services over the internet or other communication networks; Voice over internet protocol
(VOIP) services; Telephony communication services; Peer-to-peer photo and data sharing services, namely, electronic transmission of digital
photo and video files, graphics and audio content among internet users; Telecommunications and peer-to-peer network computer services, namely, electronic transmission of
images, audio-visual and video content, photographs, videos, data, text, messages, advertisements, media advertising communications and information; Providing user access
to digital content, namely, text, audio, video, images, still and motion pictures, graphics, computer games, video games, signals, messages and multimedia files; Telecommunications services, namely, electronic transmission of virtual and augmented reality content and data; information, consultancy and advisory services
relating to all of the aforesaid |
FINAL DESCRIPTION |
Telecommunications consultation; Internet broadcasting services; Video broadcasting; Audio broadcasting; Video conferencing services;
Streaming of video material on the internet; Streaming of digital media content for others; Streaming of electronic games on the Internet; Streaming of audio, visual and audiovisual material via a
global computer network; Streaming and live streaming of video, audiovisual, and interactive audiovisual content via the internet; Electronic transmission and streaming of digital media content for
others via global and local computer networks; Broadcasting of audio and video content and programming over the internet; Electronic delivery of images and photographs via a global computer network
and via mobile electronic devices; electronic transmission and streaming of digital media content for others via global and local computer networks and via mobile electronic devices; Streaming user
generated photographic and video content via a website on the internet and via mobile electronic devices; Providing internet chat rooms; Providing on-line forums for transmission of messages among
computer users; Streaming of data; Computer aided transmission of information and images; Transfer of data by telecommunication; Video on demand transmissions; Communications services, namely,
transmitting streamed sound and audiovisual recordings via the Internet by means of computer terminals, video game consoles or hand-held games with liquid crystal displays; Broadcasting services and
provision of telecommunication access to video and audio content provided via a video-on demand service via the Internet; Wireless electronic transmission of voice signals, data, facsimiles, images
and information; Consultancy in the field of audio, text and visual data transmission and communication for telecommunication other than broadcasting; Communication by computer terminals; Providing
communication transmission over value added telecommunication networks, namely, information transmission via electronic communications networks; Rental of telecommunication equipment for accessing to
communication networks; Providing technical support services in the nature of telecommunications consultation services regarding the usage of communications equipment; Providing facilities and
equipment for video conferencing; Audio and video teleconferencing services; Electronic exchange of voice, data, audio, video, text and graphics via the internet and telecommunications networks;
Providing electronic bulletin boards for transmission of messages among users in the field of general interest; Providing an online community forum for users to share and stream information, audio,
video, real-time news, entertainment content, or information; Photo sharing and video sharing services, namely, electronic transmission of digital photo files, videos and audio visual content among
internet users; Providing access to computer, electronic and online databases; Telecommunications services, namely, electronic transmission of data, messages, graphics, images, audio, video and
information; Providing online forums for communication on topics of general interest; Providing online communications links which transfer mobile device and internet users to other local and global
online locations; Facilitating access to third party websites or to other electronic third party content via a universal login; Providing online chat rooms, email and instant messaging services, and
electronic bulletin boards; Audio, text and video broadcasting services over the internet or other communication networks; Voice over internet protocol (VOIP) services; Telephony communication
services; Peer-to-peer photo and data sharing services, namely, electronic transmission of digital photo and video files, graphics and audio content among internet users; Telecommunications and
peer-to-peer network computer services, namely, electronic transmission of images, audio-visual and video content, photographs, videos, data, text, messages, advertisements, media advertising
communications and information; Providing user access to digital content, namely, text, audio, video, images, still and motion pictures, graphics, computer games, video games, signals, messages and
multimedia files; Telecommunications services, namely, electronic transmission of virtual and augmented reality content and data; information, consultancy and advisory services relating to all of the
aforesaid |
FILING BASIS |
Section 1(b) |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
017882469 |
FOREIGN APPLICATION COUNTRY |
European Union Trademark - EUTM |
FOREIGN FILING DATE |
03/30/2018 |
INTENT TO
PERFECT 44(d)
|
At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await
the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained. |
ATTORNEY SECTION (current) |
NAME |
Sally M. Abel, Esq. |
ATTORNEY BAR MEMBERSHIP NUMBER |
NOT SPECIFIED |
YEAR OF ADMISSION |
NOT SPECIFIED |
U.S. STATE/ COMMONWEALTH/ TERRITORY |
NOT SPECIFIED |
FIRM NAME |
FENWICK & WEST LLP |
STREET |
801 CALIFORNIA STREET |
CITY |
MOUNTAIN VIEW |
STATE |
California |
POSTAL CODE |
94041 |
COUNTRY |
US |
PHONE |
650-988-8500 |
FAX |
650-938-5200 |
EMAIL |
trademarks@fenwick.com |
AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
DOCKET/REFERENCE NUMBER |
25999-70009 |
ATTORNEY SECTION (proposed) |
NAME |
Sally M. Abel, Esq. |
ATTORNEY BAR MEMBERSHIP NUMBER |
XXX |
YEAR OF ADMISSION |
XXXX |
U.S. STATE/ COMMONWEALTH/ TERRITORY |
XX |
FIRM NAME |
Fenwick & West LLP |
STREET |
801 California Street |
CITY |
Mountain View |
STATE |
California |
POSTAL CODE |
94041 |
COUNTRY |
United States |
PHONE |
650-988-8500 |
FAX |
650-938-5200 |
EMAIL |
trademarks@fenwick.com |
AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
DOCKET/REFERENCE NUMBER |
25999-70009 |
OTHER APPOINTED ATTORNEY |
all other attorneys of Fenwick & West LLP |
CORRESPONDENCE SECTION (current) |
NAME |
SALLY M. ABEL, ESQ. |
FIRM NAME |
FENWICK & WEST LLP |
STREET |
801 CALIFORNIA STREET |
CITY |
MOUNTAIN VIEW |
STATE |
California |
POSTAL CODE |
94041 |
COUNTRY |
US |
PHONE |
650-988-8500 |
FAX |
650-938-5200 |
EMAIL |
trademarks@fenwick.com |
AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
DOCKET/REFERENCE NUMBER |
25999-70009 |
CORRESPONDENCE SECTION (proposed) |
NAME |
Sally M. Abel, Esq. |
FIRM NAME |
Fenwick & West LLP |
STREET |
801 California Street |
CITY |
Mountain View |
STATE |
California |
POSTAL CODE |
94041 |
COUNTRY |
United States |
PHONE |
650-988-8500 |
FAX |
650-938-5200 |
EMAIL |
trademarks@fenwick.com |
AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
DOCKET/REFERENCE NUMBER |
25999-70009 |
SIGNATURE SECTION |
RESPONSE SIGNATURE |
/alongobucco/ |
SIGNATORY'S NAME |
Anne Marie Longobucco, Esq. |
SIGNATORY'S POSITION |
Associate Attorney, Fenwick & West LLP, New York Bar member |
SIGNATORY'S PHONE NUMBER |
212-921-2001 |
DATE SIGNED |
12/09/2019 |
AUTHORIZED SIGNATORY |
YES |
CONCURRENT APPEAL NOTICE FILED |
NO |
FILING INFORMATION SECTION |
SUBMIT DATE |
Tue Dec 10 13:27:23 EST 2019 |
TEAS STAMP |
USPTO/RFR-X.XX.XXX.XXX-20
191210132723542772-881367
90-7006a56733dd67b49ea172
f78e794e73e0e746bb93876fd
34779df96a474833fe-N/A-N/
A-20191209134735911285 |
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 1960 (Rev 10/2011) |
OMB No. 0651-0050 (Exp 09/20/2020) |
Request for Reconsideration after Final Action
To the Commissioner for Trademarks:
Application serial no.
88136790 NVIDIA (Stylized and/or with Design, see http://uspto.report/TM/88136790/mark.png) has been amended as follows:
CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 012 for Vehicles, namely, land vehicles, water vehicles, air vehicles, railway vehicles, and space vehicles; Cars; Land vehicles; Automobiles; Autonomous cars; Autonomous
vehicles; Self-driving transport vehicles; Robotic cars; Vehicle parts and fittings; Vehicle equipment and hardware, namely, equipment and hardware for self-driving vehicles; Vehicle anti-theft and
security equipment, namely, apparatus for vehicle anti-theft and security; Land vehicles featuring autonomous driving features and structural parts and accessories therefor; Driverless cars;
Driverless transporter vehicles; Driverless cars, namely, autonomous cars; Electric vehicles, namely, electric vehicles for use on land, water, rails, or space; Electric vehicles, namely, electric
land vehicles, electric automobiles, electric cars; Artificial intelligence based solutions, namely, autonomous cars; Auto aftermarket accessories, namely, electronic accessories; Car accessories,
namely, replacement infotainment systems for in-vehicle communications, entertainment, and navigation; Vehicle instrument panel; Vehicle interior trim kits comprising dashboard trim panels,
instrument cluster surround, radio/climate control bezel, and infotainment systems; Robotic and self-driving transport vehicles that transport people, packages, and freight; Driverless land vehicles;
Connected vehicles, namely, land vehicles connected to internet; Remote controlled land vehicles; vehicles for locomotion by land; structural electrical assemblies adapted for automotive and electric
vehicles, namely, instrument cluster assemblies, modular cockpit assemblies, and transmission speed sensors; Components, instruments and accessories for land vehicles, namely, instrument clusters and
electrical controllers; Rear-seat entertainment (RSE) systems specially adapted for automobiles; Dashboards for vehicles; Replacement parts and fittings for the above goods
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.
Filing Basis: Section 44(d), Priority based on foreign filing: 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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority
based upon a foreign application.
For a certification 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, 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 or services that meet the certification standards of the applicant, and the
applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on[ European Union Trademark - EUTM application number 017882469 filed 03/30/2018]. 15 U.S.C.Section
1126(d), as amended.
Proposed:
Tracked Text Description: Vehicles, namely, land vehicles, water vehicles, air vehicles, railway vehicles, and space vehicles;
Vehicles, namely, land vehicles, water vehicles being boats and amphibious vehicles, air vehicles being airplanes, aircraft, helicopters and drones, railway vehicles being railway cars and
trains, and space vehicles;
Cars;
Land vehicles;
Automobiles;
Autonomous cars;
Autonomous vehicles;
Autonomous vehicles, namely, unmanned vehicles and self-driving vehicles;
Self-driving transport vehicles;
Robotic cars;
Vehicle parts and fittings;
land
vehicle structural parts;
Vehicle equipment and hardware, namely, equipment and hardware for self-driving vehicles;
Structural parts for self-driving cars;
Vehicle anti-theft and security equipment, namely, apparatus for vehicle anti-theft and security;
Vehicle anti-theft and security equipment, namely, anti-theft and security devices for vehicles;
Land vehicles featuring autonomous driving
features and structural parts and accessories therefor;
Driverless cars;
Driverless transporter vehicles;
Driverless transporter vehicles, namely, self-driving transport vehicles;
Driverless cars, namely, autonomous cars;
Electric vehicles, namely, electric vehicles for use on land, water, rails, or space;
Electric vehicles, namely, electric cars, trucks, boats,
amphibious vehicles, railway cars, trains and space vehicles for use on land, water, rails, or space;
Electric vehicles, namely, electric land vehicles, electric
automobiles, electric cars;
Artificial intelligence based solutions, namely, autonomous cars;
autonomous cars based on
artificial intelligence solutions;
Auto aftermarket accessories, namely, electronic accessories;
Vehicle interior trim
kits comprising dashboard trim panels, instrument cluster surround, radio/climate control bezel;
Car accessories, namely, replacement infotainment systems for
in-vehicle communications, entertainment, and navigation;
Robotic and self-driving transport vehicles that transport people, packages, and freight;
Vehicle instrument panel;
Driverless land vehicles;
Vehicle interior trim kits comprising dashboard trim
panels, instrument cluster surround, radio/climate control bezel, and infotainment systems;
Connected vehicles, namely, land vehicles connected to internet;
Remote controlled land vehicles;
vehicles for locomotion by land;
structural electrical assemblies adapted for automotive
and electric vehicles, namely, instrument cluster assemblies, modular cockpit assemblies, and transmission speed sensors;
Components, instruments and accessories for land
vehicles, namely, instrument clusters and electrical controllers;
Rear-seat entertainment (RSE) systems specially adapted for automobiles;
Dashboards for vehicles;
Vehicle instrument panel, namely, front dash panel;
Replacement parts and fittings
for the above goodsClass 012 for Vehicles, namely, land vehicles, water vehicles being boats and amphibious vehicles, air vehicles being airplanes, aircraft, helicopters and drones, railway
vehicles being railway cars and trains, and space vehicles; Cars; Land vehicles; Automobiles; Autonomous cars; Autonomous vehicles, namely, unmanned vehicles and self-driving vehicles; Self-driving
transport vehicles; Robotic cars; land vehicle structural parts; Structural parts for self-driving cars; Vehicle anti-theft and security equipment, namely, anti-theft and security devices for
vehicles; Land vehicles featuring autonomous driving features and structural parts and accessories therefor; Driverless cars; Driverless transporter vehicles, namely, self-driving transport vehicles;
Driverless cars, namely, autonomous cars; Electric vehicles, namely, electric cars, trucks, boats, amphibious vehicles, railway cars, trains and space vehicles for use on land, water, rails, or
space; Electric vehicles, namely, electric land vehicles, electric automobiles, electric cars; autonomous cars based on artificial intelligence solutions; Vehicle interior trim kits comprising
dashboard trim panels, instrument cluster surround, radio/climate control bezel; Robotic and self-driving transport vehicles that transport people, packages, and freight; Driverless land vehicles;
Connected vehicles, namely, land vehicles connected to internet; Remote controlled land vehicles; vehicles for locomotion by land; structural electrical assemblies adapted for automotive and electric
vehicles, namely, instrument cluster assemblies, modular cockpit assemblies, and transmission speed sensors; Components, instruments and accessories for land vehicles, namely, instrument clusters and
electrical controllers; Rear-seat entertainment (RSE) systems specially adapted for automobiles; Dashboards for vehicles; Vehicle instrument panel, namely, front dash panel
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.
Filing Basis: Section 44(d), Priority based on foreign filing: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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority
based upon a foreign application.
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, 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 or services that meet the certification standards of the
applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on [ European Union Trademark - EUTM application number 017882469 filed
03/30/2018]. 15 U.S.C.Section 1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the
foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 038 for Telecommunications consultation; Internet broadcasting services; Video broadcasting; Audio broadcasting; Video conferencing services; Streaming of video material on the
internet; Streaming of digital media content for others; Streaming of electronic games on the Internet; Streaming of audio, visual and audiovisual material via a global computer network; Streaming
and live streaming of video, audiovisual, and interactive audiovisual content via the internet; Electronic transmission and streaming of digital media content for others via global and local computer
networks; Broadcasting of audio and video content and programming over the internet; Electronic delivery of images and photographs via a global computer network and via mobile electronic devices;
electronic transmission and streaming of digital media content for others via global and local computer networks and via mobile electronic devices; Streaming user generated photographic and video
content via a website on the internet and via mobile electronic devices; Providing internet chat rooms; Providing on-line forums for transmission of messages among computer users; Streaming of data;
Computer aided transmission of information and images; Transfer of data by telecommunication; Video on demand transmissions; Communications services, namely, transmitting streamed sound and
audiovisual recordings via the Internet by means of computer terminals, video game consoles or hand-held games with liquid crystal displays; Broadcasting services and provision of telecommunication
access to video and audio content provided via a video-on demand service via the Internet; Wireless electronic transmission of voice signals, data, facsimiles, images and information; Consultancy in
the field of audio, text and visual data transmission and communication for telecommunication other than broadcasting ; Communication by computer terminals; Providing communication transmission over
value added telecommunication networks, namely, information transmission via electronic communications networks; Rental of telecommunication equipment for accessing to communication networks;
Providing technical support services regarding the usage of communications equipment, namely, transmission of information by data communications; Providing facilities and equipment for video
conferencing; Audio and video teleconferencing services; Electronic exchange of voice, data, audio, video, text and graphics via the internet and telecommunications networks; Providing electronic
bulletin boards for transmission of messages among users in the field of general interest; Providing an online community forum for users to share and stream information, audio, video, real-time news,
entertainment content, or information; Photo sharing and video sharing services, namely, electronic transmission of digital photo files, videos and audio visual content among internet users;
Providing access to computer, electronic and online databases; Telecommunications services, namely, electronic transmission of data, messages, graphics, images, audio, video and information;
Providing online forums for communication on topics of general interest; Providing online communications links which transfer mobile device and internet users to other local and global online
locations; Facilitating access to third party websites or to other electronic third party content via a universal login; Providing online chat rooms, email and instant messaging services, and
electronic bulletin boards; Audio, text and video broadcasting services over the internet or other communication networks; Voice over internet protocol (VOIP) services; Telephony communication
services; Peer-to-peer photo and data sharing services, namely, electronic transmission of digital photo and video files, graphics and audio content among internet users; Telecommunications and
peer-to-peer network computer services, namely, electronic transmission of images, audio-visual and video content, photographs, videos, data, text, messages, advertisements, media advertising
communications and information; Providing user access to digital content, namely, text, audio, video, images, still and motion pictures, graphics, computer games, video games, signals, messages and
multimedia files; Telecommunications services, namely, electronic transmission of virtual and augmented reality content and data; information, consultancy and advisory services relating to all of the
aforesaid
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.
Filing Basis: Section 44(d), Priority based on foreign filing: 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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority
based upon a foreign application.
For a certification 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, 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 or services that meet the certification standards of the applicant, and the
applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on[ European Union Trademark - EUTM application number 017882469 filed 03/30/2018]. 15 U.S.C.Section
1126(d), as amended.
Proposed:
Tracked Text Description: Telecommunications consultation;
Internet broadcasting services;
Video broadcasting;
Audio broadcasting;
Video conferencing services;
Streaming of video material on the internet;
Streaming of digital media content for others;
Streaming of electronic games on the Internet;
Streaming of audio, visual and audiovisual
material via a global computer network;
Streaming and live streaming of video, audiovisual, and interactive audiovisual content via the internet;
Electronic transmission and streaming of digital media content for others via global and local computer networks;
Broadcasting of audio and video content and
programming over the internet;
Electronic delivery of images and photographs via a global computer network and via mobile electronic devices;
electronic transmission and streaming of digital media content for others via global and local computer networks and via mobile electronic devices;
Streaming user
generated photographic and video content via a website on the internet and via mobile electronic devices;
Providing internet chat rooms;
Providing on-line forums for transmission of messages among computer users;
Streaming of data;
Computer aided transmission of
information and images;
Transfer of data by telecommunication;
Video on demand transmissions;
Communications
services, namely, transmitting streamed sound and audiovisual recordings via the Internet by means of computer terminals, video game consoles or hand-held games with liquid crystal displays;
Broadcasting services and provision of telecommunication access to video and audio content provided via a video-on demand service via the Internet;
Wireless electronic transmission of voice signals, data, facsimiles, images and information;
Consultancy in the field of audio, text and visual data transmission
and communication for telecommunication other than broadcasting;
Communication by computer terminals;
Providing communication transmission over
value added telecommunication networks, namely, information transmission via electronic communications networks;
Rental of telecommunication equipment for accessing to
communication networks;
Providing technical support services regarding the usage of communications equipment, namely, transmission of information by data
communications;
Providing technical support services in the nature of telecommunications consultation services regarding the usage of communications
equipment;
Providing facilities and equipment for video conferencing;
Audio and video teleconferencing services;
Electronic exchange of voice, data, audio, video, text and graphics via the internet and telecommunications networks;
Providing electronic bulletin boards for
transmission of messages among users in the field of general interest;
Providing an online community forum for users to share and stream information, audio, video,
real-time news, entertainment content, or information;
Photo sharing and video sharing services, namely, electronic transmission of digital photo files, videos and audio
visual content among internet users;
Providing access to computer, electronic and online databases;
Telecommunications services, namely,
electronic transmission of data, messages, graphics, images, audio, video and information;
Providing online forums for communication on topics of general interest;
Providing online communications links which transfer mobile device and internet users to other local and global online locations;
Facilitating access
to third party websites or to other electronic third party content via a universal login;
Providing online chat rooms, email and instant messaging services, and electronic
bulletin boards;
Audio, text and video broadcasting services over the internet or other communication networks;
Voice over internet protocol
(VOIP) services;
Telephony communication services;
Peer-to-peer photo and data sharing services, namely, electronic transmission of digital
photo and video files, graphics and audio content among internet users;
Telecommunications and peer-to-peer network computer services, namely, electronic transmission of
images, audio-visual and video content, photographs, videos, data, text, messages, advertisements, media advertising communications and information;
Providing user access
to digital content, namely, text, audio, video, images, still and motion pictures, graphics, computer games, video games, signals, messages and multimedia files;
Telecommunications services, namely, electronic transmission of virtual and augmented reality content and data;
information, consultancy and advisory services
relating to all of the aforesaidClass 038 for Telecommunications consultation; Internet broadcasting services; Video broadcasting; Audio broadcasting; Video conferencing services; Streaming of
video material on the internet; Streaming of digital media content for others; Streaming of electronic games on the Internet; Streaming of audio, visual and audiovisual material via a global computer
network; Streaming and live streaming of video, audiovisual, and interactive audiovisual content via the internet; Electronic transmission and streaming of digital media content for others via global
and local computer networks; Broadcasting of audio and video content and programming over the internet; Electronic delivery of images and photographs via a global computer network and via mobile
electronic devices; electronic transmission and streaming of digital media content for others via global and local computer networks and via mobile electronic devices; Streaming user generated
photographic and video content via a website on the internet and via mobile electronic devices; Providing internet chat rooms; Providing on-line forums for transmission of messages among computer
users; Streaming of data; Computer aided transmission of information and images; Transfer of data by telecommunication; Video on demand transmissions; Communications services, namely, transmitting
streamed sound and audiovisual recordings via the Internet by means of computer terminals, video game consoles or hand-held games with liquid crystal displays; Broadcasting services and provision of
telecommunication access to video and audio content provided via a video-on demand service via the Internet; Wireless electronic transmission of voice signals, data, facsimiles, images and
information; Consultancy in the field of audio, text and visual data transmission and communication for telecommunication other than broadcasting; Communication by computer terminals; Providing
communication transmission over value added telecommunication networks, namely, information transmission via electronic communications networks; Rental of telecommunication equipment for accessing to
communication networks; Providing technical support services in the nature of telecommunications consultation services regarding the usage of communications equipment; Providing facilities and
equipment for video conferencing; Audio and video teleconferencing services; Electronic exchange of voice, data, audio, video, text and graphics via the internet and telecommunications networks;
Providing electronic bulletin boards for transmission of messages among users in the field of general interest; Providing an online community forum for users to share and stream information, audio,
video, real-time news, entertainment content, or information; Photo sharing and video sharing services, namely, electronic transmission of digital photo files, videos and audio visual content among
internet users; Providing access to computer, electronic and online databases; Telecommunications services, namely, electronic transmission of data, messages, graphics, images, audio, video and
information; Providing online forums for communication on topics of general interest; Providing online communications links which transfer mobile device and internet users to other local and global
online locations; Facilitating access to third party websites or to other electronic third party content via a universal login; Providing online chat rooms, email and instant messaging services, and
electronic bulletin boards; Audio, text and video broadcasting services over the internet or other communication networks; Voice over internet protocol (VOIP) services; Telephony communication
services; Peer-to-peer photo and data sharing services, namely, electronic transmission of digital photo and video files, graphics and audio content among internet users; Telecommunications and
peer-to-peer network computer services, namely, electronic transmission of images, audio-visual and video content, photographs, videos, data, text, messages, advertisements, media advertising
communications and information; Providing user access to digital content, namely, text, audio, video, images, still and motion pictures, graphics, computer games, video games, signals, messages and
multimedia files; Telecommunications services, namely, electronic transmission of virtual and augmented reality content and data; information, consultancy and advisory services relating to all of the
aforesaid
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.
Filing Basis: Section 44(d), Priority based on foreign filing: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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority
based upon a foreign application.
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, 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 or services that meet the certification standards of the
applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on [ European Union Trademark - EUTM application number 017882469 filed
03/30/2018]. 15 U.S.C.Section 1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the
foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.
The applicant's current attorney information: Sally M. Abel, Esq.. Sally M. Abel, Esq. of FENWICK & WEST LLP, is located at
801 CALIFORNIA STREET
MOUNTAIN VIEW, California 94041
US
The docket/reference number is 25999-70009.
The phone number is 650-988-8500.
The fax number is 650-938-5200.
The email address is trademarks@fenwick.com
The applicants proposed attorney information: Sally M. Abel, Esq.. Other appointed attorneys are all other attorneys of Fenwick & West LLP. Sally M. Abel, Esq. of Fenwick & West LLP, is
a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
801 California Street
Mountain View, California 94041
United States
The docket/reference number is 25999-70009.
The phone number is 650-988-8500.
The fax number is 650-938-5200.
The email address is trademarks@fenwick.com
Sally M. Abel, Esq. submitted the following statement: The attorney of record is an active member in good standing of the bar of the highest court of a U.S. state, the District of Columbia, or any
U.S. Commonwealth or territory.
The applicant's current correspondence information: SALLY M. ABEL, ESQ.. SALLY M. ABEL, ESQ. of FENWICK & WEST LLP, is located at
801 CALIFORNIA STREET
MOUNTAIN VIEW, California 94041
US
The docket/reference number is 25999-70009.
The phone number is 650-988-8500.
The fax number is 650-938-5200.
The email address is trademarks@fenwick.com
The applicants proposed correspondence information: Sally M. Abel, Esq.. Sally M. Abel, Esq. of Fenwick & West LLP, is located at
801 California Street
Mountain View, California 94041
United States
The docket/reference number is 25999-70009.
The phone number is 650-988-8500.
The fax number is 650-938-5200.
The email address is trademarks@fenwick.com
SIGNATURE(S)
Request for Reconsideration Signature
Signature: /alongobucco/ Date: 12/09/2019
Signatory's Name: Anne Marie Longobucco, Esq.
Signatory's Position: Associate Attorney, Fenwick & West LLP, New York Bar member
Signatory's Phone Number: 212-921-2001
The signatory has confirmed that he/she is a U.S.-licensed attorney who is an active member in good standing of the bar of the highest court of a U.S. state (including the District of Columbia and
any U.S. Commonwealth or territory); 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.-licensed attorney not currently associated with his/her company/firm previously represented the owner/holder in this matter: the owner/holder has revoked their power of attorney by a signed
revocation or substitute power of attorney with the USPTO; the USPTO has granted that attorney's withdrawal request; the owner/holder has filed a power of attorney appointing him/her in this matter;
or the owner's/holder's appointed U.S.-licensed attorney has filed a power of attorney appointing him/her as an associate attorney in this matter.
The applicant is not filing a Notice of Appeal in conjunction with this Request for Reconsideration.
Mailing Address: SALLY M. ABEL, ESQ.
FENWICK & WEST LLP
801 CALIFORNIA STREET
MOUNTAIN VIEW, California 94041
Mailing Address: Sally M. Abel, Esq.
Fenwick & West LLP
801 California Street
Mountain View, California 94041
Serial Number: 88136790
Internet Transmission Date: Tue Dec 10 13:27:23 EST 2019
TEAS Stamp: USPTO/RFR-X.XX.XXX.XXX-20191210132723542
772-88136790-7006a56733dd67b49ea172f78e7
94e73e0e746bb93876fd34779df96a474833fe-N
/A-N/A-20191209134735911285