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. 88223500 OBJET(Standard Characters, see http://uspto.report/TM/88223500/mark.png) has been amended as follows:

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

Applicant believes the amended identification of goods moots the cited OBJECT registration for "digital printers" and the anticipatory cited OBJET application for "smartphones."

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 009 for Televisions; Audio; Speakers for home theater; Cellular phones; Smartphones
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: Televisions; Audio; Audio equipment, namely, speakers, radios, sound systems for televisions, and auxiliary inputs; Speakers for home theater; Cellular phones; SmartphonesClass 009 for Televisions; Audio equipment, namely, speakers, radios, sound systems for televisions, and auxiliary inputs
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 011 for Refrigerators; Wine refrigerators; Gas refrigerators; Electric space cooling apparatus for household purposes; Electric refrigerating showcases; Household air cleaners; Filters for air cleaners for household purposes; Air cleaners with humidification function for household purposes; Ion generators for air purification; Air conditioners; Electric fans; Humidifiers for household use; Dehumidifiers for household use; Electric cooking ovens for household purposes; Microwave ovens; Gas ranges; Induction ranges; Gas cooktops; Water purifiers for household purposes; Electric water purification filters for household purposes; Clothes managing apparatus for household purposes; Electric clothes dryers
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: Refrigerators; Wine refrigerators; Air cleaners, air purification, and humidifier units for household use; Gas refrigerators; Electric space cooling apparatus for household purposes; Electric refrigerating showcases; Household air cleaners; Filters for air cleaners for household purposes; Air cleaners with humidification function for household purposes; Ion generators for air purification; Air conditioners; Electric fans; Humidifiers for household use; Dehumidifiers for household use; Electric cooking ovens for household purposes; Microwave ovens; Gas ranges; Induction ranges; Gas cooktops; Water purifiers for household purposes; Electric water purification filters for household purposes; Clothes managing apparatus for household purposes; Electric clothes dryersClass 011 for Refrigerators; Air cleaners, air purification, and humidifier units for household use
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
Translation
The English translation of OBJET in the mark is OBJECT.


Miscellaneous Statement
Applicant notes this application was only filed under 1(b) ITU and not 44(d) as indicated in the Office Action. Therefore, no foreign registration is necessary.


SIGNATURE(S)
Response Signature
Signature: /Mark Sommers/     Date: 06/20/2019
Signatory's Name: Mark Sommers
Signatory's Position: Attorney of Record, DC Bar Member

Signatory's Phone Number: 202.408.4000

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: 88223500
Internet Transmission Date: Thu Jun 20 13:27:41 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XXX.X.X-2019062013274188946
5-88223500-62048e3f84c65137f219870775667
6926a95027bcefb4a6971e6557326fbb296-N/A-
N/A-20190620102322799130