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. 88239881 M (Stylized and/or with Design, see http://uspto.report/TM/88239881/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 009 for Electrical and electromagnetic signal transmitting, amplifying, receiving, and converting devices, namely, cables, wires, connectors, and control devices for use with electrical, electronic, and computer devices; electrical and electronic signal wireless remote controllers and signal processors, senders, and receivers for sending receiving, and controlling audio, video, computer, appliances, computers, heating and air, and security systems; computer components and accessories, namely, computer peripherals, computer cables, and computer connectors; audio equipment and accessories, namely, speakers, subwoofers, power amplifiers, audio signal equalizers; video equipment and accessories, namely, digital media recorders and digital media players; audio speakers; speaker docks, namely, electronic docking stations featuring speakers; laptop cases; cell phone cases and accessories, namely, cell phone cases, chargers, and connecting cables; mounting devices for flat screen video displays and speakers, namely, mounts and mounting brackets adapted for flat screen video displays and speakers; digital audio players; media players; electrical power control components and accessories, namely, power conditioners, power cell re-chargers, power amplifiers, voltage stabilizers, current stabilizers, electrical surge protectors, circuit chargers and circuit breakers; power line communication equipment, namely, signal processors, senders, and receivers for transmitting and receiving audio, video, and data over power lines; eyewear; headphones; electronic docking stations; computer memories; blank USB flash drives; solid state drives; dynamic random access memories; flash memory cards, namely, blank flash memory cards; computer disk drives; blank SD cards; compact flash memories, namely, blank compact flash memory cards; cameras and camera accessories, namely, bags for cameras and photographic equipment, camera tripods, lens hoods, lens filters, lenses for cameras; and virtual reality 3D consumer electronics, namely, virtual reality glasses, headsets for virtual reality games; and video gaming machines, casino gaming machines; Software for controlling audio and video signals, streaming, broadcasting, transmitting and reproducing music; Downloadable computer software for controlling audio and video signals, streaming, broadcasting, transmitting and reproducing music; Stand-alone voice controlled information devices, namely, cloud-connected and voice-controlled smart audio speakers with virtual personal assistant capabilities; stand-alone voice controlled personal assistant device consisting of cloud-connected and voice-controlled smart audio speakers for integrating services provided via apps; voice controlled audio speakers; home automation control devices comprising computer hardware and wireless controllers for use in the Internet of Things (IoT); wireless communication devices for voice, data, or image transmission; computer software for accessing, monitoring, tracking, searching, saving, and sharing information on topics of general interest; computer software used for controlling stand-alone voice controlled information and personal assistant devices; computer software for use in connection with digital content subscription service and for providing search platforms to allow users to request and receive digital media content; computer software for creating, authoring, distributing, downloading, transmitting, receiving, playing, editing, extracting, encoding, decoding, displaying, storing and organizing audio and multimedia content; voice command and recognition software, speech to text conversion software, and voice-enabled software applications; computer software for personal information management, and for accessing, browsing, and searching online databases, audio and multimedia content, games, and software applications
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: Electrical and electromagnetic signal transmitting, amplifying, receiving, and converting devices, namely, cables, wires, connectors, and control devices for use with electrical, electronic, and computer devices; Electrical and electromagnetic signal transmitting, amplifying, receiving, and converting devices, namely, cables, wires, connectors, and control devices for use with electrical, electronic, and computer devices in the nature of smart phones, laptops, and tablet computers; electrical and electronic signal wireless remote controllers and signal processors, senders, and receivers for sending receiving, and controlling audio, video, computer, appliances, computers, heating and air, and security systems; computer components and accessories, namely, computer peripherals, computer cables, and computer connectors; computer components and accessories, namely, computer peripherals, computer cables, and computer power and electric connectors; audio equipment and accessories, namely, speakers, subwoofers, power amplifiers, audio signal equalizers; video equipment and accessories, namely, digital media recorders and digital media players; audio speakers; speaker docks, namely, electronic docking stations featuring speakers; laptop cases; protective laptop cases; cell phone cases and accessories, namely, cell phone cases, chargers, and connecting cables; cell phone cases and accessories, namely, cell phone cases, battery chargers, and connecting cables; mounting devices for flat screen video displays and speakers, namely, mounts and mounting brackets adapted for flat screen video displays and speakers; digital audio players; media players; electrical power control components and accessories, namely, power conditioners, power cell re-chargers, power amplifiers, voltage stabilizers, current stabilizers, electrical surge protectors, circuit chargers and circuit breakers; power line communication equipment, namely, signal processors, senders, and receivers for transmitting and receiving audio, video, and data over power lines; eyewear; headphones; electronic docking stations; computer memories; blank USB flash drives; solid state drives; dynamic random access memories; flash memory cards, namely, blank flash memory cards; computer disk drives; blank SD cards; compact flash memories, namely, blank compact flash memory cards; cameras and camera accessories, namely, bags for cameras and photographic equipment, camera tripods, lens hoods, lens filters, lenses for cameras; and virtual reality 3D consumer electronics, namely, virtual reality glasses, headsets for virtual reality games; and video gaming machines, casino gaming machines; recorded software for controlling audio and video signals, streaming, broadcasting, transmitting and reproducing music; Software for controlling audio and video signals, streaming, broadcasting, transmitting and reproducing music; Downloadable computer software for controlling audio and video signals, streaming, broadcasting, transmitting and reproducing music; Stand-alone voice controlled information devices, namely, cloud-connected and voice-controlled smart audio speakers with virtual personal assistant capabilities; stand-alone voice controlled personal assistant device consisting of cloud-connected and voice-controlled smart audio speakers for integrating services provided via apps; voice controlled audio speakers; home automation control devices comprising computer hardware and wireless controllers for use in controlling networked devices in the Internet of Things (IoT); home automation control devices comprising computer hardware and wireless controllers for use in the Internet of Things (IoT); wireless communication devices for voice, data, or image transmission; downloadable computer software for accessing, monitoring, tracking, searching, saving, and sharing information on topics of general interest; computer software for accessing, monitoring, tracking, searching, saving, and sharing information on topics of general interest; downloadable computer software used for controlling stand-alone voice controlled information and personal assistant devices; computer software used for controlling stand-alone voice controlled information and personal assistant devices; downloadable computer software for use in connection with digital content subscription service and for providing search platforms to allow users to request and receive digital media content; computer software for use in connection with digital content subscription service and for providing search platforms to allow users to request and receive digital media content; downloadable computer software for creating, authoring, distributing, downloading, transmitting, receiving, playing, editing, extracting, encoding, decoding, displaying, storing and organizing audio and multimedia content; computer software for creating, authoring, distributing, downloading, transmitting, receiving, playing, editing, extracting, encoding, decoding, displaying, storing and organizing audio and multimedia content; downloadable voice command and recognition software, downloadable speech to text conversion software, and downloadable voice-enabled software applications for controlling smart phones, smart appliances, smart TVs, tablet computers, and laptop computers; voice command and recognition software, speech to text conversion software, and voice-enabled software applications; downloadable computer software for personal information management, and for accessing, browsing, and searching online databases, audio and multimedia content, games, and software applications; computer software for personal information management, and for accessing, browsing, and searching online databases, audio and multimedia content, games, and software applicationsClass 009 for Electrical and electromagnetic signal transmitting, amplifying, receiving, and converting devices, namely, cables, wires, connectors, and control devices for use with electrical, electronic, and computer devices in the nature of smart phones, laptops, and tablet computers; electrical and electronic signal wireless remote controllers and signal processors, senders, and receivers for sending receiving, and controlling audio, video, computer, appliances, computers, heating and air, and security systems; computer components and accessories, namely, computer peripherals, computer cables, and computer power and electric connectors; audio equipment and accessories, namely, speakers, subwoofers, power amplifiers, audio signal equalizers; video equipment and accessories, namely, digital media recorders and digital media players; audio speakers; speaker docks, namely, electronic docking stations featuring speakers; protective laptop cases; cell phone cases and accessories, namely, cell phone cases, battery chargers, and connecting cables; mounting devices for flat screen video displays and speakers, namely, mounts and mounting brackets adapted for flat screen video displays and speakers; digital audio players; media players; electrical power control components and accessories, namely, power conditioners, power cell re-chargers, power amplifiers, voltage stabilizers, current stabilizers, electrical surge protectors, circuit chargers and circuit breakers; power line communication equipment, namely, signal processors, senders, and receivers for transmitting and receiving audio, video, and data over power lines; eyewear; headphones; electronic docking stations; computer memories; blank USB flash drives; solid state drives; dynamic random access memories; flash memory cards, namely, blank flash memory cards; computer disk drives; blank SD cards; compact flash memories, namely, blank compact flash memory cards; cameras and camera accessories, namely, bags for cameras and photographic equipment, camera tripods, lens hoods, lens filters, lenses for cameras; and virtual reality 3D consumer electronics, namely, virtual reality glasses, headsets for virtual reality games; recorded software for controlling audio and video signals, streaming, broadcasting, transmitting and reproducing music; Downloadable computer software for controlling audio and video signals, streaming, broadcasting, transmitting and reproducing music; Stand-alone voice controlled information devices, namely, cloud-connected and voice-controlled smart audio speakers with virtual personal assistant capabilities; stand-alone voice controlled personal assistant device consisting of cloud-connected and voice-controlled smart audio speakers for integrating services provided via apps; voice controlled audio speakers; home automation control devices comprising computer hardware and wireless controllers for use in controlling networked devices in the Internet of Things (IoT); wireless communication devices for voice, data, or image transmission; downloadable computer software for accessing, monitoring, tracking, searching, saving, and sharing information on topics of general interest; downloadable computer software used for controlling stand-alone voice controlled information and personal assistant devices; downloadable computer software for use in connection with digital content subscription service and for providing search platforms to allow users to request and receive digital media content; downloadable computer software for creating, authoring, distributing, downloading, transmitting, receiving, playing, editing, extracting, encoding, decoding, displaying, storing and organizing audio and multimedia content; downloadable voice command and recognition software, downloadable speech to text conversion software, and downloadable voice-enabled software applications for controlling smart phones, smart appliances, smart TVs, tablet computers, and laptop computers; downloadable computer software for personal information management, and for accessing, browsing, and searching online databases, audio and multimedia content, games, and software applications
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.

The applicant's current attorney information: Matthew Powelson. Matthew Powelson of 321 LAW, INC., is located at

      P.O. BOX 911
      MONTEREY, California 93942
      US

The phone number is 831-261-1153.

The email address is matt@321-law.com

The applicants proposed attorney information: Matthew Powelson. Matthew Powelson of 321 LAW, INC., is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      P.O. BOX 911
      MONTEREY, California 93942
      United States

The phone number is 831-261-1153.

The email address is matt@321-law.com

Matthew Powelson submitted the following statement: The attorney of record is an active member in good standing of the bar of the highest court of a U.S. state, the District of Columbia, or any U.S. Commonwealth or territory.
The applicant's current correspondence information: MATTHEW POWELSON. MATTHEW POWELSON of 321 LAW, INC., is located at

      P.O. BOX 911
      MONTEREY, California 93942
      US

The phone number is 831-261-1153.

The email address is matt@321-law.com

The applicants proposed correspondence information: Matthew Powelson. Matthew Powelson of 321 LAW, INC., is located at

      P.O. BOX 911
      MONTEREY, California 93942
      United States

The phone number is 831-261-1153.

The email address is matt@321-law.com

SIGNATURE(S)
Response Signature
Signature: /Matthew Powelson/     Date: 09/23/2019
Signatory's Name: Matthew Powelson
Signatory's Position: Attorney of Record, California Bar Member

Signatory's Phone Number: 831-261-1153

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:    MATTHEW POWELSON
   321 LAW, INC.
   
   P.O. BOX 911
   MONTEREY, California 93942
Mailing Address:    Matthew Powelson
   321 LAW, INC.
   P.O. BOX 911
   MONTEREY, California 93942
        
Serial Number: 88239881
Internet Transmission Date: Mon Sep 23 13:47:51 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XXX.XX.XX-20190923134751080
474-88239881-610c91032adfd352527676d9b32
1b6333141c79e93442e8fe837dc4f146ad48598-
N/A-N/A-20190923134525579481