Response to Office Action

Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number. PTO Form 1957 (Rev 10/2011)

OMB No. 0651-0050 (Exp 09/20/2020)

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Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number. PTO Form 1957 (Rev 10/2011)

OMB No. 0651-0050 (Exp 09/20/2020)

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 88138869 OPPO (Stylized and/or with Design, see http://uspto.report/TM/88138869/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 037 for Construction planning; building construction and repair; installation of electrical and electronic apparatus, including computers, mobile phones and other apparatus for mobile telecommunications, headphones, earphones, microphones, loudspeakers, televisions, cameras, batteries; heating equipment installation and repair; electric and electronic appliance installation, maintenance and repair; photographic apparatus repair; dry cleaning; telephone installation and repair; installation, repair, maintenance services of computer hardware and telecommunication apparatus and instruments; mobile phone repair; installation, repair, maintenance services of computer hardware and telecommunication apparatus and instruments
Original Filing Basis:
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant.

Proposed:
Tracked Text Description: Construction planning; building construction and repair; installation of electrical and electronic apparatus, including computers, mobile phones and other apparatus for mobile telecommunications, headphones, earphones, microphones, loudspeakers, televisions, cameras, batteries; installation of electrical and electronic apparatus, namely, computers, mobile phones and other apparatus for mobile telecommunications, headphones, earphones, microphones, loudspeakers, televisions, cameras, batteries; heating equipment installation and repair; electric and electronic appliance installation, maintenance and repair; photographic apparatus repair; dry cleaning; telephone installation and repair; installation, repair, maintenance services of computer hardware and telecommunication apparatus and instruments; mobile phone repair; installation, repair, maintenance services of computer hardware and telecommunication apparatus and instrumentsClass 037 for Construction planning; building construction and repair; installation of electrical and electronic apparatus, namely, computers, mobile phones and other apparatus for mobile telecommunications, headphones, earphones, microphones, loudspeakers, televisions, cameras, batteries; heating equipment installation and repair; electric and electronic appliance installation, maintenance and repair; photographic apparatus repair; dry cleaning; telephone installation and repair; installation, repair, maintenance services of computer hardware and telecommunication apparatus and instruments; mobile phone repair; installation, repair, maintenance services of computer hardware and telecommunication apparatus and instruments
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 038 for Television broadcasting; delivery of messages by electronic transmission; telephone communication services; cellular telephone services; paging services; satellite transmission services; electronic mail services; computer aided transmission of messages and images; delivery of messages by internet web; remote transmission of data
Original Filing Basis:
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant.

Proposed:
Tracked Text Description: Television broadcasting; delivery of messages by electronic transmission; telephone communication services; cellular telephone services; paging services; satellite transmission services; electronic mail services; electronic mail services, namely, electronic transmission of e-mail; computer aided transmission of messages and images; delivery of messages by internet web; delivery of messages by electronic transmission; remote transmission of data; electronic transmission of messages and dataClass 038 for Television broadcasting; delivery of messages by electronic transmission; telephone communication services; cellular telephone services; paging services; satellite transmission services; electronic mail services, namely, electronic transmission of e-mail; computer aided transmission of messages and images; delivery of messages by electronic transmission; electronic transmission of messages and data
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 042 for Computer software design for others; mechanical research especially with regard to electric and electronic apparatus; industrial design; architectural consultation; design for others in the field of electronic apparatus and instruments, computer hardware and software, telecommunication apparatus and instruments; construction drafting; cloud hosting providers services
Original Filing Basis:
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant.

Proposed:
Tracked Text Description: Computer software design for others; mechanical research especially with regard to electric and electronic apparatus; mechanical research with regard to electric and electronic apparatus; industrial design; architectural consultation; design for others in the field of electronic apparatus and instruments, computer hardware and software, telecommunication apparatus and instruments; construction drafting; cloud hosting providers services; computer services, namely, cloud hosting providers servicesClass 042 for Computer software design for others; mechanical research with regard to electric and electronic apparatus; industrial design; architectural consultation; design for others in the field of electronic apparatus and instruments, computer hardware and software, telecommunication apparatus and instruments; construction drafting; computer services, namely, cloud hosting providers services
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.

ADDITIONAL STATEMENTS
Description of mark
The mark consists of the stylized term OPPO.

SIGNATURE(S)
Response Signature
Signature: /audra kemp/     Date: 07/08/2019
Signatory's Name: Audra Kemp
Signatory's Position: Senior Associate Attorney, Collen IP, NY State Bar member

The signatory has confirmed that he/she is an attorney who is a member in good standing of the bar of the highest court of a U.S. state, which includes the District of Columbia, Puerto Rico, and other federal territories and possessions; and he/she is currently the owner's/holder's attorney or an associate thereof; and to the best of his/her knowledge, if prior to his/her appointment another U.S. attorney or a Canadian attorney/agent not currently associated with his/her company/firm previously represented the owner/holder in this matter: (1) the owner/holder has filed or is concurrently filing a signed revocation of or substitute power of attorney with the USPTO; (2) the USPTO has granted the request of the prior representative to withdraw; (3) the owner/holder has filed a power of attorney appointing him/her in this matter; or (4) the owner's/holder's appointed U.S. attorney or Canadian attorney/agent has filed a power of attorney appointing him/her as an associate attorney in this matter.

        
Serial Number: 88138869
Internet Transmission Date: Mon Jul 08 16:01:10 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XXX.XX.XX-20190708160110436
545-88138869-620c09dac432782d8f27ea540b7
34edc937e2fe414f0bcfb48d19cd564ba1f79c0-
N/A-N/A-20190708155205603430