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) |
Input Field |
Entered |
---|---|
SERIAL NUMBER | 88145710 |
LAW OFFICE ASSIGNED | LAW OFFICE 106 |
MARK SECTION | |
MARK | http://uspto.report/TM/88145710/mark.png |
LITERAL ELEMENT | WHISPER |
STANDARD CHARACTERS | YES |
USPTO-GENERATED IMAGE | YES |
MARK STATEMENT | The mark consists of standard characters, without claim to any particular font style, size or color. |
ARGUMENT(S) | |
Prior Pending Applications Applicant has limited its identification of goods to specifically exclude the goods claimed in the cited U.S. Application Serial Nos. 87899533 and 87674765, and respectfully requests reconsideration of the Examining Attorney's objection in light of these amendments. |
|
GOODS AND/OR SERVICES SECTION (010)(current) | |
INTERNATIONAL CLASS | 010 |
DESCRIPTION | |
hearing aid systems comprised of hardware, computer software, earpieces, noise cancellation technology, and artificial intelligence for use in hearing aids and to improve the quality of sound in hearing aids; hearing aids; hearing aids using artificial intelligence; heart rate monitors | |
FILING BASIS | Section 1(b) |
GOODS AND/OR SERVICES SECTION (010)(proposed) | |
INTERNATIONAL CLASS | 010 |
TRACKED TEXT DESCRIPTION | |
FINAL DESCRIPTION | |
Hearing aids; hearing aids using artificial intelligence, none of the forgoing to include earplugs for noise reduction | |
FILING BASIS | Section 1(b) |
GOODS AND/OR SERVICES SECTION (009)(class added) | |
INTERNATIONAL CLASS | 009 |
DESCRIPTION | |
Hearing aid systems comprised of computer hardware and artificial intelligence computer software for use in hearing aids to cancel noise, none of the forgoing to include earplugs for noise reduction | |
FILING BASIS | Section 1(b) |
PAYMENT SECTION | |
NUMBER OF CLASSES | 1 |
APPLICATION FOR REGISTRATION PER CLASS | 275 |
TOTAL FEES DUE | 275 |
SIGNATURE SECTION | |
DECLARATION SIGNATURE | /jgard/ |
SIGNATORY'S NAME | Julia Spoor Gard |
SIGNATORY'S POSITION | Attorney of Record, Indiana and Illinois Bar Member |
SIGNATORY'S PHONE NUMBER | 317 231 1313 |
DATE SIGNED | 07/18/2019 |
RESPONSE SIGNATURE | /jgard/ |
SIGNATORY'S NAME | Julia Spoor Gard |
SIGNATORY'S POSITION | Attorney of Record, Indiana and Illinois Bar Member |
SIGNATORY'S PHONE NUMBER | 317 231 1313 |
DATE SIGNED | 07/18/2019 |
AUTHORIZED SIGNATORY | YES |
FILING INFORMATION SECTION | |
SUBMIT DATE | Thu Jul 18 16:46:48 EDT 2019 |
TEAS STAMP | USPTO/ROA-XXX.XX.XX.XXX-2 0190718164648065560-88145 710-620f0cc2239f863519167 c27e85a1f97ccb3eec9426387 82377f86610e876c-CC-4126- 20190718163204881702 |
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) |
Prior Pending Applications
Applicant has limited its identification of goods to specifically exclude the goods claimed in the cited U.S. Application Serial Nos. 87899533 and 87674765, and respectfully requests reconsideration of the Examining Attorney's objection in light of these amendments.
DECLARATION: The signatory being warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. § 1001, and that such willful false statements and the like may jeopardize the validity of the application or submission or any registration resulting therefrom, declares that, if the applicant submitted the application or allegation of use (AOU) unsigned, all statements in the application or AOU and this submission based on the signatory's own knowledge are true, and all statements in the application or AOU and this submission made on information and belief are believed to be true.
STATEMENTS FOR UNSIGNED SECTION 1(a) APPLICATION/AOU: If the applicant filed an unsigned application under 15 U.S.C. §1051(a) or AOU under 15 U.S.C. §1051(c), the signatory additionally believes that: the applicant is the owner of the mark sought to be registered; the mark is in use in commerce and was in use in commerce as of the filing date of the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; the original specimen(s), if applicable, shows the mark in use in commerce as of the filing date of the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; for a collective trademark, collective service mark, collective membership mark application, or certification mark application, the applicant is exercising legitimate control over the use of the mark in commerce and was exercising legitimate control over the use of the mark in commerce as of the filing date of the application or AOU; for a certification mark application, the applicant is not engaged in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant. To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services/collective membership organization of such other persons, to cause confusion or mistake, or to deceive.
STATEMENTS FOR UNSIGNED SECTION 1(b)/SECTION 44 APPLICATION AND FOR SECTION 66(a) COLLECTIVE/CERTIFICATION MARK APPLICATION: If the applicant filed an unsigned application under 15 U.S.C. §§ 1051(b), 1126(d), and/or 1126(e), or filed a collective/certification mark application under 15 U.S.C. §1141f(a), the signatory additionally believes that: for a trademark or service mark application, the applicant is entitled to use the mark in commerce on or in connection with the goods/services specified in the application; the applicant has a bona fide intention to use the mark in commerce and had a bona fide intention to use the mark in commerce as of the application filing date; for a collective trademark, collective service mark, collective membership mark, or certification mark application, the applicant has a bona fide intention, and is entitled, to exercise legitimate control over the use of the mark in commerce and had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce as of the application filing date; the signatory is properly authorized to execute the declaration on behalf of the applicant; for a certification mark application, the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant. To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services/collective membership organization of such other persons, to cause confusion or mistake, or to deceive.