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. 88169876 OSTENDO(Standard Characters, see http://uspto.report/TM/88169876/mark.png) has been amended as follows:

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

In response to the Office's requirement for information, Applicant notes that its goods include cutting-edge 3D light- based projection equipment, lenses, and related goods that, at this time, are not not sold to individual consumers in traditional stores or websites, as the Office assumes. Applicant's goods require highly protective packaging, and Applicant does not have proprietary, branded packaging at present. The original specimen was used in connection with one of Applicant's sales, and was not altered or created solely purposes for the trademark application. Applicant's various goods are also designed to be very small in size, rendering traditional use on the goods difficult.

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 009 for Flat and curved panel display screens; solid-state 2D light-based emissive imagers and 3D light field emissive imagers; augmented reality and virtual reality wearable devices; head up display devices; solid-state 2D sensor arrays for cameras, and 3D light field photo-sensor arrays for light field cameras; 2D and 3D movie, multimedia, photographic, slide and video projectors; 2D and 3D cameras; networked 2D and 3D cameras; networked 2D and 3D movie, multimedia, photographic, slide and video projectors; networked 2D and 3D LCD large screen displays; software for computer networking; software for 2D and 3D image processing, compression, transmission and reconstruction; solid state micro-array light emitters, namely, for augmented reality and virtual reality wearable devices, head-up display (HUD) devices and projectors and displays; micro-array lenses, namely, optical lenses for 2D and 3D cameras, and augmented reality and virtual reality wearable devices; light field modulators and light field cameras; light emitting diodes and laser diodes; solar cells and solar panels; modules for control of solar cells and solar panels and modules for conditioning of solar cell and solar panel outputs
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 10/04/2005 and first used in commerce at least as early as 03/31/2010 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Flat and curved panel display screens; solid-state 2D light-based emissive imagers and 3D light field emissive imagers; solid-state 2D light-based emissive imagers and 3D light based emissive imagers; augmented reality and virtual reality wearable devices; augmented reality and virtual reality wearable devices in the nature of headsets, eyewear, and eyeglasses; head up display devices; head up display devices in the nature of electronic devices which display virtual images and project data from a mobile device onto a vehicle windshield; solid-state 2D sensor arrays for cameras, and 3D light field photo-sensor arrays for light field cameras; 2D and 3D movie, multimedia, photographic, slide and video projectors; 2D and 3D cameras; networked 2D and 3D cameras; networked 2D and 3D movie, multimedia, photographic, slide and video projectors; networked 2D and 3D LCD large screen displays; software for computer networking; software for administration of computer networks; software for 2D and 3D image processing, compression, transmission and reconstruction; solid state micro-array light emitters, namely, for augmented reality and virtual reality wearable devices, head-up display (HUD) devices and projectors and displays; solid state micro-array light emitters in the nature of emissive imagers for augmented reality and virtual reality wearable devices in the nature of headsets, eyewear, and eyeglasses, head-up display (HUD) devices in the nature of electronic devices which display virtual images and project data from a mobile device onto a vehicle windshield, and movie projectors and flat and curved panel display screens; micro-array lenses, namely, optical lenses for 2D and 3D cameras, and augmented reality and virtual reality wearable devices; micro-array lenses, namely, optical lenses for 2D and 3D cameras, and augmented reality and virtual reality wearable devices in the nature of headsets, eyewear, and eyeglasses; light field modulators and light field cameras; light field modulators in the nature of devices which display and manipulate light-based 3D images, and light field cameras; light emitting diodes and laser diodes; solar cells and solar panels; solar cells and solar panels for the production of electricity; modules for control of solar cells and solar panels and modules for conditioning of solar cell and solar panel outputs; Photovoltaic solar modules for control of solar cells and solar panels for the production of electricity and photovoltaic solar modules for conditioning of solar cell and solar panel outputs for the production of electricityClass 009 for Flat and curved panel display screens; solid-state 2D light-based emissive imagers and 3D light based emissive imagers; augmented reality and virtual reality wearable devices in the nature of headsets, eyewear, and eyeglasses; head up display devices in the nature of electronic devices which display virtual images and project data from a mobile device onto a vehicle windshield; solid-state 2D sensor arrays for cameras, and 3D light field photo-sensor arrays for light field cameras; 2D and 3D movie, multimedia, photographic, slide and video projectors; 2D and 3D cameras; networked 2D and 3D cameras; networked 2D and 3D movie, multimedia, photographic, slide and video projectors; networked 2D and 3D LCD large screen displays; software for administration of computer networks; software for 2D and 3D image processing, compression, transmission and reconstruction; solid state micro-array light emitters in the nature of emissive imagers for augmented reality and virtual reality wearable devices in the nature of headsets, eyewear, and eyeglasses, head-up display (HUD) devices in the nature of electronic devices which display virtual images and project data from a mobile device onto a vehicle windshield, and movie projectors and flat and curved panel display screens; micro-array lenses, namely, optical lenses for 2D and 3D cameras, and augmented reality and virtual reality wearable devices in the nature of headsets, eyewear, and eyeglasses; light field modulators in the nature of devices which display and manipulate light-based 3D images, and light field cameras; light emitting diodes and laser diodes; solar cells and solar panels for the production of electricity; Photovoltaic solar modules for control of solar cells and solar panels for the production of electricity and photovoltaic solar modules for conditioning of solar cell and solar panel outputs for the production of electricity
Deleted Filing Basis: 1(a)
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.

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: /PeteBromaghim/      Date: 08/01/2019
Signatory's Name: Peter B. Bromaghim
Signatory's Position: Attorney of record, California bar member
Signatory's Phone Number: 4243692056


Response Signature
Signature: /PeteBromaghim/     Date: 08/01/2019
Signatory's Name: Peter Bromaghim
Signatory's Position: Attorney of Record, CA Bar Member

Signatory's Phone Number: 4243692056

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: 88169876
Internet Transmission Date: Thu Aug 01 15:08:01 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XX.X.XX-2019080115080136844
2-88169876-620e39571bef6a1a7ac12b7962483
697e0767cb4dc63da3799774933311abbceb-N/A
-N/A-20190801144728302923