TEAS Request Reconsideration after FOA

NVIDIA

NVIDIA Corporation

TEAS Request Reconsideration after FOA

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



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