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)

---

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. 88168355 MIA(Standard Characters, see http://uspto.report/TM/88168355/mark.png) has been amended as follows:

ARGUMENT(S)
In response to the substantive refusal(s), please note the following:

IN THE UNITED STATES PATENT AND TRADEMARK OFFICE U.S. Trademark Application No.: 88/168,355 Date Filed: October 24, 2018 Mark: MIA Applicant: N3, LLC Examining Attorney: Jean H. Im Law Office 101 Attorney Docket No. N3-0003 RESPONSE TO OFFICE ACTION This correspondence is in response to the Office Action dated February 6, 2019. Identification of Goods and Services The Office Action asks for an edited description of goods: Applicant has taken the Examining Attorney?s suggestion and provides the following as an updated description of goods: Class 9: Downloadable voice command and recognition software for sales and business consulting services for live customer telephone calls for business to business sales and for displaying, organizing and analyzing the data, in the field of business to business sales and research services and consultancy with regard to business development, marketing, customer demand creation and lead generation activities. Specimen Applicants attach a Substitute Specimen evidencing use of the mark for use in the examination of this application. Applicant encloses herewith a Statement that the Substitute Specimen was in actual use in commerce at least as early as the filing date of the application.   Conclusion We concur with the Examiner?s recommendation to modify the recitation of the goods. We submit, therefore, that this application is in order and registration of this mark is solicited. Respectfully submitted, By: /H. Artoush Ohanian/ H. Artoush Ohanian U.S. Patent and Trademark Reg. No. 46,022 Texas Bar No. 24013260 OhanianIP 604 West 13th Street Austin, Texas 78701 (512) 791-7963 ATTORNEY FOR APPLICANTS Date: August 6, 2019

EVIDENCE
Evidence in the nature of pdf version of Response to Official Action; Substitute Specimen, Statement in Support of Substitute Specimen has been attached.
Original PDF file:
evi_2312156219-20190806191356533836_._2019-08-06_MiaTrademark_Response_v2.pdf
Converted PDF file(s) ( 2 pages)
Evidence-1
Evidence-2
Original PDF file:
evi_2312156219-20190806191356533836_._Statement_in_Support_of_Substitute_Specimen.pdf
Converted PDF file(s) ( 2 pages)
Evidence-1
Evidence-2

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 009 for Voice command and recognition software for sales and business consulting services, namely, business to business sales and research services and consultancy with regard to business development, marketing, customer demand creation and lead generation activities and services
Original Filing Basis:
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 06/30/2018 and first used in commerce at least as early as 06/30/2018 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Voice command and recognition software for sales and business consulting services, namely, business to business sales and research services and consultancy with regard to business development, marketing, customer demand creation and lead generation activities and services; Downloadable voice command and recognition software for sales and business consulting services for live customer telephone calls for business to business sales and for displaying, organizing and analyzing the data, in the field of business to business sales and research services and consultancy with regard to business development, marketing, customer demand creation and lead generation activities.Class 009 for Downloadable voice command and recognition software for sales and business consulting services for live customer telephone calls for business to business sales and for displaying, organizing and analyzing the data, in the field of business to business sales and research services and consultancy with regard to business development, marketing, customer demand creation and lead generation activities.
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 06/30/2018 and first used in commerce at least as early as 06/30/2018 , and is now in use in such commerce.
Applicant hereby submits one(or more) specimen(s) for Class 009 . The specimen(s) submitted consists of Mark as used in connection with the goods in sales presentation .
"The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing date of the application"[for an application based on Section 1(a), Use in Commerce] OR "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce prior either to the filing of the Amendment to Allege Use or expiration of the filing deadline for filing a Statement of Use" [for an application based on Section 1(b) Intent-to-Use]. OR "The attached specimen is a true copy of the specimen that was originally submitted with the application, amendment to allege use, or statement of use" [for an illegible specimen].
Original PDF file:
SPU0-2312156219-20190806191356533836_._2019-08-06_Specimen.pdf
Converted PDF file(s) ( 1 page)
Specimen File1

The applicant's current attorney information: H. Artoush Ohanian, Esq.. H. Artoush Ohanian, Esq. of OHANIAN IP LAW FIRM, is located at

      604 WEST 13TH STREET
      AUSTIN, Texas 78701
      US
The docket/reference number is N300003.

The phone number is 512-277-3266.

The fax number is 512/298-2005.

The email address is artoush@ohanianip.com

The applicants proposed attorney information: H. Artoush Ohanian, Esq.. H. Artoush Ohanian, Esq. of OHANIAN IP LAW FIRM, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      604 WEST 13TH STREET
      AUSTIN, Texas 78701
      United States
The docket/reference number is N3-0003.

The phone number is 512-277-3266.

The fax number is 512/298-2005.

The email address is artoush@ohanianip.com

H. Artoush Ohanian, Esq. submitted the following statement: I attest that I am an 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).
The applicant's current correspondence information: H. ARTOUSH OHANIAN, ESQ.. H. ARTOUSH OHANIAN, ESQ. of OHANIAN IP LAW FIRM, is located at

      604 WEST 13TH STREET
      AUSTIN, Texas 78701
      US
The docket/reference number is N300003.

The phone number is 512-277-3266.

The fax number is 512/298-2005.

The email address is artoush@ohanianip.com; theresa@ohanianip.com

The applicants proposed correspondence information: H. Artoush Ohanian, Esq.. H. Artoush Ohanian, Esq. of OHANIAN IP LAW FIRM, is located at

      604 WEST 13TH STREET
      AUSTIN, Texas 78701
      United States
The docket/reference number is N3-0003.

The phone number is 512-277-3266.

The fax number is 512/298-2005.

The email address is artoush@ohanianip.com; theresa@ohanianip.com

SIGNATURE(S)
Declaration Signature

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.

Signature: /H. Artoush Ohanian/      Date: 08/06/2019
Signatory's Name: H. Artoush Ohanian
Signatory's Position: Attorney for Applicant, Texas bar member
Signatory's Phone Number: 5127917963


Response Signature
Signature: /H. Artoush Ohanian/     Date: 08/06/2019
Signatory's Name: H. Artoush Ohanian
Signatory's Position: Attorney for Applicant, Texas bar member

Signatory's Phone Number: 5127917963

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.

Mailing Address:    H. ARTOUSH OHANIAN, ESQ.
   OHANIAN IP LAW FIRM
   
   604 WEST 13TH STREET
   AUSTIN, Texas 78701
Mailing Address:    H. Artoush Ohanian, Esq.
   OHANIAN IP LAW FIRM
   604 WEST 13TH STREET
   AUSTIN, Texas 78701
        
Serial Number: 88168355
Internet Transmission Date: Tue Aug 06 22:48:39 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XXX.XX.XXX-2019080622483992
5550-88168355-61011497abada232195f6c4548
7d265a786a7f5ec702083d71de37bc3509ab8b0-
N/A-N/A-20190806191356533836