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. 88246849 KUBOTA (Stylized and/or with Design, see http://tmng-al.uspto.gov /resting2/api/img/8824684 9/large) has been amended as follows:

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

Remarks

The following remarks are responsive to the November 7, 2019 Office Action and the February 10, 2020 Office Action. The Examining Attorney’s comments have been reviewed and carefully considered. In view of the following remarks, Applicant respectfully requests passage of the applied-for mark to publication.

Registration of the applied-for mark is refused based on an alleged likelihood of confusion with U.S. Reg. No. 3637762 for “KUBOTA ORANGE PROTECTION PROGRAM” (“the ʹ762 mark”). Applicant brings to the Examining Attorney’s attention that Kubota Tractor Corporation, the owner of the ‘762 mark, is a subsidiary of Applicant. Therefore, Applicant respectfully submits that a Section 2(d) refusal is inappropriate in this instance because Applicant and Registrant of the ‘762 mark, though separate legal entities, constitute a single source. See TMEP § 1201.07(b). Therefore, Applicant respectfully request withdrawal of this refusal.

The Office Action indicates that certain identifications of the goods and/or services are indefinite and, as such, need to be clarified. Applicant has amended the descriptions of goods and services to read as follows in order to adopt the Examining Attorney’s amendment suggestions:

Class 9: Telecommunications apparatus for use with remote monitoring systems, namely, telephone sets, mobile telephones, television receivers, television transmitters, radio receivers, radio transmitters, portable radio communication machines and apparatus in the nature of portable radios, mobile radios, portable radio transmitters, portable wireless data transmitters, radios, radio receivers, and radio transmitters, vehicular radio communication machines and apparatus in the nature of radio transceivers, radio receivers, radio signal tuners, radios, radio transmitters, car stereo receivers, radio receivers for automobiles, digital broadcasting receivers for automobiles, audio cassette decks for automobiles, and compact disc players for automobiles, navigation apparatus for vehicles in the nature of on-board computers, radio beacon machines and apparatus, radio direction finders in the nature of radio transceivers and radio-frequency antennas, radar machines and apparatus, antennas, and sensor data transmitters; electrical remote monitoring apparatus for remotely monitoring flow, energy usage, electric current and electrical signals; computer programs, recorded, for testing, analysis and diagnosing of machines and engines, acquisition of position information, management of farm field, operation and maintenance of facilities composed of machines, engines, electric motors, plumbing, vessels and electric cables, and design and construction management for the planning and construction of such facilities; downloadable and recorded computer programs for monitoring flow, energy usage, electric current and electrical signals; downloadable computer programs for testing, analysis and diagnosing of machines and engines, acquisition of position information, management of farm field, operation and maintenance of facilities composed of machines, engines, electric motors, plumbing, vessels and electric cables, and design and construction management for the planning and construction of such facilities; computers for telecommunications; mobile information terminals, namely, personal digital assistants; Internet servers; downloadable and recorded computer software for network administrations; computers for remote access to computer network; electrical apparatus for remote monitoring of signals; global positioning system (GPS) apparatus; smartphones; measuring apparatus for measuring water temperature, air/fuel ratio, boost pressure, degree of vacuum, exhaust gas temperature, temperature, humidity, atmosphere, soil component, and position and altitude by geomagnetism, not via GPS; water level indicators; water quality meters, namely, electronic-based instruments for measuring water quality; electronic water quality analyzers; water meters; pressure measuring apparatus; rain gauges; remote control apparatus for machines driven by power sources such as engines and electric motors, processing apparatus using electricity and light and facilities composed of such machines and apparatus; automated environmental notification alarm systems comprised of sensors and signal transmitters for transmitting signals to a supervisor; alarms for the detection of facility break-ins, facility hazardous conditions, or facility shutdowns; GPS-aided operation monitoring apparatus for agricultural and construction machinery; downloadable and recorded computer programs for operating a GPS-aided operation monitoring apparatus for agricultural and construction machinery; electromagnetic solenoids in the nature of valves; flowmeters; wireless communication devices for voice, data or image transmission; telecommunications machines and implements and their structural parts, namely, telephone sets, mobile telephones, television receivers, television transmitters, radio receivers, radio transmitters, portable radio communication machines and apparatus in the nature of portable radios, mobile radios, portable radio transmitters, portable wireless data transmitters, radios, radio receivers, and radio transmitters, vehicle radio communication machines and apparatus in the nature of radio transceivers, radio receivers, radio signal tuners, radios, radio transmitters, car stereo receivers, radio receivers for automobiles, digital broadcasting receivers for automobiles, audio cassette decks for automobiles, and compact disc players for automobiles, navigation apparatus for vehicles in the nature of on-board computers, radio beacon machines and apparatus, radio direction finders in the nature of radio transceivers and radio-frequency antennas, radar machines and apparatus, antennas, and sensor data transmitters; telecommunications transmitters; wireless transceivers; wireless transmitters for remote control; wireless receivers for remote control; monitoring apparatus, namely, monitoring electric control panel with screen; scales; automatic weighing machines; dosimeters; electronic circuits, not including those recorded with computer programs; electronic machines and implements and their structural parts, namely, optical character readers, electronic pocket translators, computers, computer memory devices, computer peripheral devices, interfaces for computers, computer keyboards, juke boxes for computers, joysticks for use with computers, other than video games, disk drives for computers, magnetic tape units for computers, computer printers, thin client computers, scanners, tablet computers, data processing apparatus, hand-held electronic dictionaries, electronic interactive whiteboards, electronic book readers, electronic agendas, laptop computers, bar code readers, printed circuit boards, electronic pens, pocket calculators, microprocessors, mouse pads; downloadable image files containing images transmitted from cameras and communications equipment set up on machines and in facilities and farm field and stored in servers; pre-recorded video discs and video tapes featuring information relating to the repair and maintenance of machines, information relating to labor management, information relating to yield amount, information relating to work instructions, information relating to work progress, information relating to work project, information necessary for operation, repair and maintenance of facilities and machines, information relating to labor management for the operation and maintenance of facilities and machines, information relating to income and expenditure for the operation and maintenance of facilities and machines, operator guidance information, information relating to the progress of operation, repair and maintenance of facilities and machines, information relating to plans for the operation and maintenance of facilities and machines

Class 35: Providing business information in the nature of the location and operation status information of the works done by agricultural machines and implements and construction machines and apparatus, namely, farm field management, progress of farm works, planting plan eating quality and yield; providing business information in the nature of location and operation status information of earthmoving machines and apparatus, including shield machines and piping connectors used for the execution of civil engineering plans; business operation of water treatment installations

Class 37: Repair or maintenance of telecommunication machines and implements; installation and maintenance of irrigation systems; repair or maintenance of agricultural machines and implements; remote monitoring of agricultural irrigation units to ensure proper functioning; pump repair or maintenance; plumbing contractor services, namely, supervision of plumbing services; plumbing contractor services, namely, supervision of plumbing services for water supply, sewage and drainage; repair or maintenance of remote monitoring apparatus; repair or maintenance of agricultural irrigation units; maintenance of water treatment installations; operation of waste water treatment installations, namely, waste water treatment services; repair or maintenance of cultivating machines and implements and their parts and fittings; repair and maintenance of water pollution control apparatus; repair or maintenance of wastewater treatment apparatus; repair and maintenance of waste crushing apparatus; repair or maintenance of telecommunication apparatus; repair or maintenance of measuring instruments; repair and maintenance of water purifying apparatus; construction supervision; construction of environmental sanitation facilities and environmental protection facilities and advisory services relating thereto; repair or maintenance of engines and internal combustion engines; repair or maintenance of tractors and automobiles; repair or maintenance of construction machines and implements; repair or maintenance of loading-unloading machines and implements; repair or maintenance of motive power machines and implements, not for land vehicles, and their parts; repair or maintenance of non-electric prime movers for land vehicles, not including their parts; repair or maintenance of industrial diesel engines; repair or maintenance of air conditioning machines and apparatus; repair or maintenance of power generators; repair or maintenance of waste processing machines and apparatus; repair or maintenance of environmental sanitation plants; repair or maintenance of rice milling machines; repair or maintenance of lawnmowers; pipeline construction; providing maintenance and repair information relating to the location and operation status for maintenance and repair of agricultural machines and implements and construction machines and apparatus; providing maintenance and repair information relating to the maintenance management of agricultural machines and implements and construction machines and apparatus; providing maintenance and repair information relating to the location and operation status for maintenance and repair of earthmoving machines and apparatus, including shield machines and piping connectors; providing maintenance and repair information relating to the maintenance management of earthmoving machines and apparatus; repair or maintenance of harvesting machines and implements, and their parts and fittings; repair or maintenance of parts and fittings of lawnmowers; repair or maintenance of parts and fittings of earthmoving machines and apparatus; repair or maintenance of electronic machines and implements and their parts and accessories, not including software

Class 42: Monitoring of computer security systems by remote access for protecting data and information from unauthorized access; remote monitoring of technological functions of computers and computer programs by means of telecommunications network; programming for others of operating software for accessing and using a cloud computing network; remote monitoring of computer systems to ensure proper functioning of water treatment facilities and for recordation of, notification regarding, measurement of and reporting on facility faults for water suppliers via cable or wireless telecommunications networks and computer communications networks; monitoring of water quality; testing, inspection, research and technological development relating to water treatment installations; engineering services in the nature of deterioration investigation and diagnosis of water treatment installations; technical assistance or consultancy relating to computer systems technology for optimization of operation of water treatment installations; engineering services in the nature of deterioration investigation and diagnosis of water treatment apparatus; preparation of technical engineering reports relating to water treatment apparatus; design of water treatment installations and other industrial buildings; consultancy in the field of design of water treatment installations and other industrial buildings; creating or maintaining web sites for others; design of web sites; design of facilities using computer graphics; design of plumbing using computer graphics; computer system design services; computer-aided design services; industrial design services; soil diagnosis, namely, detection of nitrogen, phosphoric acid, potassium, water and other nourishments required for plant growth in soil; testing, inspection and research services in the fields of soil contamination, meteorology and agriculture; remote monitoring of water treatment apparatus via cloud computing network to ensure proper functioning; recordation, notification, and measurement in the field of farms; designing of machines, apparatus, instruments and their parts or systems composed of such machines, apparatus and instruments for operation and maintenance of facilities composed of machines, engines, electric motors, plumbing, vessels and electric cables, and design and construction management for the planning and construction of such facilities; computer programming; technological advice relating to computers, automobiles and industrial machines; rental of computers and electronic machines, not including word processors and electrostatic copying machines; providing temporary use of online non-downloadable computer programs on data networks for testing, analysis and diagnosing of machines and engines, acquisition of position information, management of farm field, operation and maintenance of facilities composed of machines, engines, electric motors, plumbing, vessels and electric cables, and design and construction management for the planning and construction of such facilities; remote monitoring of operation status of air-conditioning installations, heating installations and plumbing systems of buildings by telecommunications to ensure proper functioning; remote monitoring of operation status of building equipment to ensure proper functioning; remote monitoring of wastewater treatment apparatus to ensure proper functioning; remote monitoring of operation status of agricultural irrigation units to ensure proper functioning; measuring of quality, temperature, level and flow of feed water supplied into a farm field via remote monitoring of machines and instruments; remote monitoring of water treatment apparatus for agricultural water to ensure proper functioning; remote monitoring of weighing apparatus and instruments to ensure proper functioning; remote monitoring of operation status of agricultural machines and implements and construction machines and apparatus to ensure proper functioning; remote monitoring of water treatment installations to ensure proper functioning

Class 44: Farming consultation services, namely, remote monitoring of growing conditions using a sensor; agronomic consulting services in the field of crop management via cloud computing network; farming consultation by means of remote monitoring of farm products via cloud computing network; farming consultation by means of remote monitoring of farm fields via cloud computing network; farming consultation, including the recordation of, notification regarding and measurement and research of farm field information, including soil information, farm crops growing information, and information about crop yield, fertilizer level, seeding amount, planting amount and agricultural chemicals application rate via cable or wireless telecommunications networks and computer communications networks; farming research

Therefore, in view of these amended descriptions of goods and services, Applicant submits that the descriptions of goods and services are now sufficiently definite. Withdrawal of this refusal is respectfully requested.

The Office Action has requested information regarding the “radio direction finders, boost, vacuum” recited in the description of goods for Class 9. Applicant has amended the description of Class 9 to now recite “measuring apparatus for measuring water temperature, air/fuel ratio, boost pressure, degree of vacuum, exhaust gas temperature, temperature, humidity, atmosphere, soil component, and position and altitude by geomagnetism, not via GPS”. Applicant respectfully submits these amendments should clarify these goods for the Examining Attorney.

The Office Action would also like Applicant to specify support for each original good and service listed in the U.S. application in the corresponding foreign registrations that were submitted with the previous Response. Applicant attaches with this Response a Correspondence Chart to identify this information for the Examining Attorney.

Conclusion

In view of the foregoing amendments and remarks, Applicant respectfully requests withdrawal of the refusals and passage of the applied-for mark to publication.

Respectfully Submitted,

THE WEBB LAW FIRM

/cps/

Christopher P. Sherwin

Attorney of Record, PA Bar member

412-471-8815

EVIDENCE
Evidence has been attached: Foreign Registration Correspondence Chart identifying the correspondeing foreign registrations which relate to each original good and service listed in the the U.S. application
Original PDF file:
evi_38107150106-202008071 10315555748_._Foreign_Pri ority_Correspondence_Char t.pdf
Converted PDF file(s) ( 9 pages) Evidence-1Evidence-2Evidence-3Evidence-4Evidence-5Evidence-6Evidence-7Evidence-8Evidence-9

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 009 for Telecommunications apparatus, namely, telephone sets, mobile telephones, television receivers, television transmitters, radio receivers, radio transmitters, portable radio communication machines and apparatus, vehicular radio communication machines and apparatus, navigation apparatus for vehicles in the nature of on-board computers, radio beacon machines and apparatus, radio direction finders, radar machines and apparatus, antennas, and sensor data transmitters for use with remote monitoring systems; electrical remote monitoring apparatus for remotely monitoring flow, energy usage, electric current and electrical signals; computer programs, recorded, for testing, analysis and diagnosing of machines and engines, acquisition of position information, management of farm field, operation and maintenance of facilities composed of machines, engines, electric motors, plumbing, vessels and electric cables, and design and construction management for the planning and construction of such facilities; downloadable and recorded computer programs for monitoring flow, energy usage, electric current and electrical signals; downloadable computer programs for testing, analysis and diagnosing of machines and engines, acquisition of position information, management of farm field, operation and maintenance of facilities composed of machines, engines, electric motors, plumbing, vessels and electric cables, and design and construction management for the planning and construction of such facilities; computers for telecommunications; mobile information terminals, namely, personal digital assistants; Internet servers; downloadable and recorded computer software for network administrations; computers for remote access to computer network; electrical apparatus for remote monitoring of signals; global positioning system (GPS) apparatus; smartphones; measuring apparatus for measuring water temperature, air/fuel ratio, boost, vacuum, exhaust gas temperature, temperature, humidity, atmosphere, soil component, and position and altitude by geomagnetism (non-GPS); water level indicators; water quality meters, namely, electronic-based instruments for measuring water quality; electronic water quality analyzers; water meters; pressure measuring apparatus; rain gauges; remote control apparatus for machines driven by power sources such as engines and electric motors, processing apparatus using electricity and light and facilities composed of such machines and apparatus; automated environmental notification alarm systems comprised of sensors and signal transmitters to a supervisor; alarms for the detection of facility break-ins, facility hazardous conditions, or facility shutdowns; GPS-aided operation monitoring apparatus for agricultural and construction machinery; downloadable and recorded computer programs for operating a GPS-aided operation monitoring apparatus for agricultural and construction machinery; electromagnetic solenoids in the nature of valves; electric valves; flowmeters; wireless communication devices for voice, data or image transmission; telecommunications machines and implements, namely, telephone sets, mobile telephones, television receivers, television transmitters, radio receivers, radio transmitters, portable radio communication machines and apparatus, vehicle radio communication machines and apparatus, navigation apparatus for vehicles in the nature of on-board computers, radio beacon machines and apparatus, radio direction finders, radar machines and apparatus, antennas, and sensor data transmitters and their structural parts; telecommunications transmitters; wireless transceivers; wireless transmitters for remote control; wireless receivers for remote control; monitoring apparatus, namely, monitoring control panel with screen; scales; automatic weighing machines; dosimeters; electronic circuits, not including those recorded with computer programs; electronic machines and implements, namely, optical character readers, electronic pocket translators, computers, computer memory devices, computer peripheral devices, interfaces for computers, computer keyboards, juke boxes for computers, joysticks for use with computers, other than video games, disk drives for computers, magnetic tape units for computers, computer printers, thin client computers, scanners, tablet computers, data processing apparatus, hand-held electronic dictionaries, electronic interactive whiteboards, electronic book readers, electronic agendas, laptop computers, bar code readers, printed circuit boards, electronic pens, pocket calculators, microprocessors, mouse pads, and their structural parts; downloadable image files containing images transmitted from cameras and communications equipment set up on machines and in facilities and farm field and stored in servers; pre-recorded video discs and video tapes featuring information relating to the repair and maintenance of machines, information relating to labor management, information relating to yield amount, information relating to work instructions, information relating to work progress, information relating to work project, information necessary for operation, repair and maintenance of facilities and machines, information relating to labor management for the operation and maintenance of facilities and machines, information relating to income and expenditure for the operation and maintenance of facilities and machines, operator guidance information, information relating to the progress of operation, repair and maintenance of facilities and machines, information relating to plans for the operation and maintenance of facilities and machines
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.

Filing Basis: Section 44(e), Based on Foreign Registration: For all applications: The applicant attaches a copy of [ Japan registration number 2387104 registered 03/31/1992 with a renewal date of 11/04/2011 and an expiration date of 03/31/2022 ], and translation thereof, if appropriate. 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. 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 on or 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 or services that meet the certification standards of the applicant.


Proposed:

Tracked Text Description: Telecommunications apparatus, namely, telephone sets, mobile telephones, television receivers, television transmitters, radio receivers, radio transmitters, portable radio communication machines and apparatus, vehicular radio communication machines and apparatus, navigation apparatus for vehicles in the nature of on-board computers, radio beacon machines and apparatus, radio direction finders, radar machines and apparatus, antennas, and sensor data transmitters for use with remote monitoring systems; Telecommunications apparatus for use with remote monitoring systems, namely, telephone sets, mobile telephones, television receivers, television transmitters, radio receivers, radio transmitters, portable radio communication machines and apparatus in the nature of portable radios, mobile radios, portable radio transmitters, portable wireless data transmitters, radios, radio receivers, and radio transmitters, vehicular radio communication machines and apparatus in the nature of radio transceivers, radio receivers, radio signal tuners, radios, radio transmitters, car stereo receivers, radio receivers for automobiles, digital broadcasting receivers for automobiles, audio cassette decks for automobiles, and compact disc players for automobiles, navigation apparatus for vehicles in the nature of on-board computers, radio beacon machines and apparatus, radio direction finders in the nature of radio transceivers and radio-frequency antennas, radar machines and apparatus, antennas, and sensor data transmitters; electrical remote monitoring apparatus for remotely monitoring flow, energy usage, electric current and electrical signals; computer programs, recorded, for testing, analysis and diagnosing of machines and engines, acquisition of position information, management of farm field, operation and maintenance of facilities composed of machines, engines, electric motors, plumbing, vessels and electric cables, and design and construction management for the planning and construction of such facilities; downloadable and recorded computer programs for monitoring flow, energy usage, electric current and electrical signals; downloadable computer programs for testing, analysis and diagnosing of machines and engines, acquisition of position information, management of farm field, operation and maintenance of facilities composed of machines, engines, electric motors, plumbing, vessels and electric cables, and design and construction management for the planning and construction of such facilities; computers for telecommunications; mobile information terminals, namely, personal digital assistants; Internet servers; downloadable and recorded computer software for network administrations; computers for remote access to computer network; electrical apparatus for remote monitoring of signals; global positioning system (GPS) apparatus; smartphones; measuring apparatus for measuring water temperature, air/fuel ratio, boost, vacuum, exhaust gas temperature, temperature, humidity, atmosphere, soil component, and position and altitude by geomagnetism (non-GPS); measuring apparatus for measuring water temperature, air/fuel ratio, boost pressure, degree of vacuum, exhaust gas temperature, temperature, humidity, atmosphere, soil component, and position and altitude by geomagnetism, not via GPS; water level indicators; water quality meters, namely, electronic-based instruments for measuring water quality; electronic water quality analyzers; water meters; pressure measuring apparatus; rain gauges; remote control apparatus for machines driven by power sources such as engines and electric motors, processing apparatus using electricity and light and facilities composed of such machines and apparatus; automated environmental notification alarm systems comprised of sensors and signal transmitters to a supervisor; automated environmental notification alarm systems comprised of sensors and signal transmitters for transmitting signals to a supervisor; alarms for the detection of facility break-ins, facility hazardous conditions, or facility shutdowns; GPS-aided operation monitoring apparatus for agricultural and construction machinery; downloadable and recorded computer programs for operating a GPS-aided operation monitoring apparatus for agricultural and construction machinery; electromagnetic solenoids in the nature of valves; electric valves; flowmeters; wireless communication devices for voice, data or image transmission; telecommunications machines and implements and their structural parts, namely, telephone sets, mobile telephones, television receivers, television transmitters, radio receivers, radio transmitters, portable radio communication machines and apparatus in the nature of portable radios, mobile radios, portable radio transmitters, portable wireless data transmitters, radios, radio receivers, and radio transmitters, vehicle radio communication machines and apparatus in the nature of radio transceivers, radio receivers, radio signal tuners, radios, radio transmitters, car stereo receivers, radio receivers for automobiles, digital broadcasting receivers for automobiles, audio cassette decks for automobiles, and compact disc players for automobiles, navigation apparatus for vehicles in the nature of on-board computers, radio beacon machines and apparatus, radio direction finders in the nature of radio transceivers and radio-frequency antennas, radar machines and apparatus, antennas, and sensor data transmitters; telecommunications machines and implements, namely, telephone sets, mobile telephones, television receivers, television transmitters, radio receivers, radio transmitters, portable radio communication machines and apparatus, vehicle radio communication machines and apparatus, navigation apparatus for vehicles in the nature of on-board computers, radio beacon machines and apparatus, radio direction finders, radar machines and apparatus, antennas, and sensor data transmitters and their structural parts; telecommunications transmitters; wireless transceivers; wireless transmitters for remote control; wireless receivers for remote control; monitoring apparatus, namely, monitoring electric control panel with screen; monitoring apparatus, namely, monitoring control panel with screen; scales; automatic weighing machines; dosimeters; electronic circuits, not including those recorded with computer programs; electronic machines and implements and their structural parts, namely, optical character readers, electronic pocket translators, computers, computer memory devices, computer peripheral devices, interfaces for computers, computer keyboards, juke boxes for computers, joysticks for use with computers, other than video games, disk drives for computers, magnetic tape units for computers, computer printers, thin client computers, scanners, tablet computers, data processing apparatus, hand-held electronic dictionaries, electronic interactive whiteboards, electronic book readers, electronic agendas, laptop computers, bar code readers, printed circuit boards, electronic pens, pocket calculators, microprocessors, mouse pads; electronic machines and implements, namely, optical character readers, electronic pocket translators, computers, computer memory devices, computer peripheral devices, interfaces for computers, computer keyboards, juke boxes for computers, joysticks for use with computers, other than video games, disk drives for computers, magnetic tape units for computers, computer printers, thin client computers, scanners, tablet computers, data processing apparatus, hand-held electronic dictionaries, electronic interactive whiteboards, electronic book readers, electronic agendas, laptop computers, bar code readers, printed circuit boards, electronic pens, pocket calculators, microprocessors, mouse pads, and their structural parts; downloadable image files containing images transmitted from cameras and communications equipment set up on machines and in facilities and farm field and stored in servers; pre-recorded video discs and video tapes featuring information relating to the repair and maintenance of machines, information relating to labor management, information relating to yield amount, information relating to work instructions, information relating to work progress, information relating to work project, information necessary for operation, repair and maintenance of facilities and machines, information relating to labor management for the operation and maintenance of facilities and machines, information relating to income and expenditure for the operation and maintenance of facilities and machines, operator guidance information, information relating to the progress of operation, repair and maintenance of facilities and machines, information relating to plans for the operation and maintenance of facilities and machinesClass 009 for Telecommunications apparatus for use with remote monitoring systems, namely, telephone sets, mobile telephones, television receivers, television transmitters, radio receivers, radio transmitters, portable radio communication machines and apparatus in the nature of portable radios, mobile radios, portable radio transmitters, portable wireless data transmitters, radios, radio receivers, and radio transmitters, vehicular radio communication machines and apparatus in the nature of radio transceivers, radio receivers, radio signal tuners, radios, radio transmitters, car stereo receivers, radio receivers for automobiles, digital broadcasting receivers for automobiles, audio cassette decks for automobiles, and compact disc players for automobiles, navigation apparatus for vehicles in the nature of on-board computers, radio beacon machines and apparatus, radio direction finders in the nature of radio transceivers and radio-frequency antennas, radar machines and apparatus, antennas, and sensor data transmitters; electrical remote monitoring apparatus for remotely monitoring flow, energy usage, electric current and electrical signals; computer programs, recorded, for testing, analysis and diagnosing of machines and engines, acquisition of position information, management of farm field, operation and maintenance of facilities composed of machines, engines, electric motors, plumbing, vessels and electric cables, and design and construction management for the planning and construction of such facilities; downloadable and recorded computer programs for monitoring flow, energy usage, electric current and electrical signals; downloadable computer programs for testing, analysis and diagnosing of machines and engines, acquisition of position information, management of farm field, operation and maintenance of facilities composed of machines, engines, electric motors, plumbing, vessels and electric cables, and design and construction management for the planning and construction of such facilities; computers for telecommunications; mobile information terminals, namely, personal digital assistants; Internet servers; downloadable and recorded computer software for network administrations; computers for remote access to computer network; electrical apparatus for remote monitoring of signals; global positioning system (GPS) apparatus; smartphones; measuring apparatus for measuring water temperature, air/fuel ratio, boost pressure, degree of vacuum, exhaust gas temperature, temperature, humidity, atmosphere, soil component, and position and altitude by geomagnetism, not via GPS; water level indicators; water quality meters, namely, electronic-based instruments for measuring water quality; electronic water quality analyzers; water meters; pressure measuring apparatus; rain gauges; remote control apparatus for machines driven by power sources such as engines and electric motors, processing apparatus using electricity and light and facilities composed of such machines and apparatus; automated environmental notification alarm systems comprised of sensors and signal transmitters for transmitting signals to a supervisor; alarms for the detection of facility break-ins, facility hazardous conditions, or facility shutdowns; GPS-aided operation monitoring apparatus for agricultural and construction machinery; downloadable and recorded computer programs for operating a GPS-aided operation monitoring apparatus for agricultural and construction machinery; electromagnetic solenoids in the nature of valves; flowmeters; wireless communication devices for voice, data or image transmission; telecommunications machines and implements and their structural parts, namely, telephone sets, mobile telephones, television receivers, television transmitters, radio receivers, radio transmitters, portable radio communication machines and apparatus in the nature of portable radios, mobile radios, portable radio transmitters, portable wireless data transmitters, radios, radio receivers, and radio transmitters, vehicle radio communication machines and apparatus in the nature of radio transceivers, radio receivers, radio signal tuners, radios, radio transmitters, car stereo receivers, radio receivers for automobiles, digital broadcasting receivers for automobiles, audio cassette decks for automobiles, and compact disc players for automobiles, navigation apparatus for vehicles in the nature of on-board computers, radio beacon machines and apparatus, radio direction finders in the nature of radio transceivers and radio-frequency antennas, radar machines and apparatus, antennas, and sensor data transmitters; telecommunications transmitters; wireless transceivers; wireless transmitters for remote control; wireless receivers for remote control; monitoring apparatus, namely, monitoring electric control panel with screen; scales; automatic weighing machines; dosimeters; electronic circuits, not including those recorded with computer programs; electronic machines and implements and their structural parts, namely, optical character readers, electronic pocket translators, computers, computer memory devices, computer peripheral devices, interfaces for computers, computer keyboards, juke boxes for computers, joysticks for use with computers, other than video games, disk drives for computers, magnetic tape units for computers, computer printers, thin client computers, scanners, tablet computers, data processing apparatus, hand-held electronic dictionaries, electronic interactive whiteboards, electronic book readers, electronic agendas, laptop computers, bar code readers, printed circuit boards, electronic pens, pocket calculators, microprocessors, mouse pads; downloadable image files containing images transmitted from cameras and communications equipment set up on machines and in facilities and farm field and stored in servers; pre-recorded video discs and video tapes featuring information relating to the repair and maintenance of machines, information relating to labor management, information relating to yield amount, information relating to work instructions, information relating to work progress, information relating to work project, information necessary for operation, repair and maintenance of facilities and machines, information relating to labor management for the operation and maintenance of facilities and machines, information relating to income and expenditure for the operation and maintenance of facilities and machines, operator guidance information, information relating to the progress of operation, repair and maintenance of facilities and machines, information relating to plans for the operation and maintenance of facilities and machines
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.

Filing Basis: Section 44(e), Based on Foreign Registration:For all applications: The applicant attaches a copy of [ Japan registration number 2387104 registered 03/31/1992 with a renewal date of 11/04/2011 and an expiration date of 03/31/2022 ], and translation thereof, if appropriate, before the application may proceed to registration. 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. 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 on or 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 or services that meet the certification standards of the applicant.

Applicant proposes to amend the following:

Current:
Class 035 for Providing the location and operation status information of the works done by agricultural machines and implements and construction machines and apparatus, namely, farm field management, progress of farm works, planting plan eating quality and yield; providing location and operation status information of earthmoving machines and apparatus, including shield machines and piping connectors used for the execution of civil engineering plans
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.

Filing Basis: Section 44(e), Based on Foreign Registration: For all applications: The applicant attaches a copy of [ Japan registration number 2387104 registered 03/31/1992 with a renewal date of 11/04/2011 and an expiration date of 03/31/2022 ], and translation thereof, if appropriate. 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. 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 on or 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 or services that meet the certification standards of the applicant.


Proposed:

Tracked Text Description: Providing the location and operation status information of the works done by agricultural machines and implements and construction machines and apparatus, namely, farm field management, progress of farm works, planting plan eating quality and yield; Providing business information in the nature of the location and operation status information of the works done by agricultural machines and implements and construction machines and apparatus, namely, farm field management, progress of farm works, planting plan eating quality and yield; providing location and operation status information of earthmoving machines and apparatus, including shield machines and piping connectors used for the execution of civil engineering plans; providing business information in the nature of location and operation status information of earthmoving machines and apparatus, including shield machines and piping connectors used for the execution of civil engineering plans; business operation of water treatment installationsClass 035 for Providing business information in the nature of the location and operation status information of the works done by agricultural machines and implements and construction machines and apparatus, namely, farm field management, progress of farm works, planting plan eating quality and yield; providing business information in the nature of location and operation status information of earthmoving machines and apparatus, including shield machines and piping connectors used for the execution of civil engineering plans; business operation of water treatment installations
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.

Filing Basis: Section 44(e), Based on Foreign Registration:For all applications: The applicant attaches a copy of [ Japan registration number 2387104 registered 03/31/1992 with a renewal date of 11/04/2011 and an expiration date of 03/31/2022 ], and translation thereof, if appropriate, before the application may proceed to registration. 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. 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 on or 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 or services that meet the certification standards of the applicant.

Applicant proposes to amend the following:

Current:
Class 037 for Repair or maintenance of telecommunication machines and implements; installation and maintenance of irrigation systems; repair or maintenance of agricultural machines and implements; remote monitoring of agricultural irrigation units to ensure proper functioning; pump repair or maintenance; plumbing contractor services, namely, supervision of plumbing services; plumbing contractor services, namely, supervision of plumbing services for water supply, sewage and drainage, and maintenance of tools used for the above-mentioned services; plumbing contractor services, namely, supervision of plumbing services for water supply, sewage and drainage, and maintenance of tools used for the above-mentioned services; repair or maintenance of remote monitoring apparatus; repair or maintenance of agricultural irrigation units; operation and maintenance of water treatment installations; repair or maintenance of cultivating machines and implements and their parts and fittings; repair and maintenance of water pollution control apparatus; repair or maintenance of wastewater treatment apparatus; repair and maintenance of waste crushing apparatus; repair or maintenance of telecommunication apparatus; repair or maintenance of measuring instruments; repair and maintenance of water purifying apparatus; construction supervision; construction of environmental sanitation facilities and environmental protection facilities and advisory services relating thereto; repair or maintenance of engines and internal combustion engines; repair or maintenance of tractors and automobiles; repair or maintenance of construction machines and implements; repair or maintenance of loading-unloading machines and implements; repair or maintenance of motive power machines and implements, not for land vehicles, and their parts; repair or maintenance of non-electric prime movers for land vehicles, not including their parts; repair or maintenance of industrial diesel engines; repair or maintenance of air conditioning machines and apparatus; repair or maintenance of power generators; repair or maintenance of waste processing machines and apparatus; repair or maintenance of environmental sanitation plants; repair or maintenance of rice milling machines; repair or maintenance of lawnmowers; pipeline construction; providing maintenance and repair information relating to the location and operation status for maintenance and repair of agricultural machines and implements and construction machines and apparatus; providing maintenance and repair information relating to the maintenance management of agricultural machines and implements and construction machines and apparatus; providing maintenance and repair information relating to the location and operation status for maintenance and repair of earthmoving machines and apparatus, including shield machines and piping connectors for use in the maintenance and repair; providing maintenance and repair information relating to the maintenance management of earthmoving machines and apparatus; repair or maintenance of harvesting machines and implements, and their parts and fittings; repair or maintenance of parts and fittings of lawnmowers; repair or maintenance of parts and fittings of earthmoving machines and apparatus; repair or maintenance of electronic machines and implements and their parts and accessories, not including software
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.

Filing Basis: Section 44(e), Based on Foreign Registration: For all applications: The applicant attaches a copy of [ Japan registration number 2387104 registered 03/31/1992 with a renewal date of 11/04/2011 and an expiration date of 03/31/2022 ], and translation thereof, if appropriate. 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. 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 on or 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 or services that meet the certification standards of the applicant.


Proposed:

Tracked Text Description: Repair or maintenance of telecommunication machines and implements; installation and maintenance of irrigation systems; repair or maintenance of agricultural machines and implements; remote monitoring of agricultural irrigation units to ensure proper functioning; pump repair or maintenance; plumbing contractor services, namely, supervision of plumbing services; plumbing contractor services, namely, supervision of plumbing services for water supply, sewage and drainage, and maintenance of tools used for the above-mentioned services; plumbing contractor services, namely, supervision of plumbing services for water supply, sewage and drainage; plumbing contractor services, namely, supervision of plumbing services for water supply, sewage and drainage, and maintenance of tools used for the above-mentioned services; repair or maintenance of remote monitoring apparatus; repair or maintenance of agricultural irrigation units; maintenance of water treatment installations; operation and maintenance of water treatment installations; operation of waste water treatment installations, namely, waste water treatment services; repair or maintenance of cultivating machines and implements and their parts and fittings; repair and maintenance of water pollution control apparatus; repair or maintenance of wastewater treatment apparatus; repair and maintenance of waste crushing apparatus; repair or maintenance of telecommunication apparatus; repair or maintenance of measuring instruments; repair and maintenance of water purifying apparatus; construction supervision; construction of environmental sanitation facilities and environmental protection facilities and advisory services relating thereto; repair or maintenance of engines and internal combustion engines; repair or maintenance of tractors and automobiles; repair or maintenance of construction machines and implements; repair or maintenance of loading-unloading machines and implements; repair or maintenance of motive power machines and implements, not for land vehicles, and their parts; repair or maintenance of non-electric prime movers for land vehicles, not including their parts; repair or maintenance of industrial diesel engines; repair or maintenance of air conditioning machines and apparatus; repair or maintenance of power generators; repair or maintenance of waste processing machines and apparatus; repair or maintenance of environmental sanitation plants; repair or maintenance of rice milling machines; repair or maintenance of lawnmowers; pipeline construction; providing maintenance and repair information relating to the location and operation status for maintenance and repair of agricultural machines and implements and construction machines and apparatus; providing maintenance and repair information relating to the maintenance management of agricultural machines and implements and construction machines and apparatus; providing maintenance and repair information relating to the location and operation status for maintenance and repair of earthmoving machines and apparatus, including shield machines and piping connectors for use in the maintenance and repair; providing maintenance and repair information relating to the location and operation status for maintenance and repair of earthmoving machines and apparatus, including shield machines and piping connectors; providing maintenance and repair information relating to the maintenance management of earthmoving machines and apparatus; repair or maintenance of harvesting machines and implements, and their parts and fittings; repair or maintenance of parts and fittings of lawnmowers; repair or maintenance of parts and fittings of earthmoving machines and apparatus; repair or maintenance of electronic machines and implements and their parts and accessories, not including softwareClass 037 for Repair or maintenance of telecommunication machines and implements; installation and maintenance of irrigation systems; repair or maintenance of agricultural machines and implements; remote monitoring of agricultural irrigation units to ensure proper functioning; pump repair or maintenance; plumbing contractor services, namely, supervision of plumbing services; plumbing contractor services, namely, supervision of plumbing services for water supply, sewage and drainage; repair or maintenance of remote monitoring apparatus; repair or maintenance of agricultural irrigation units; maintenance of water treatment installations; operation of waste water treatment installations, namely, waste water treatment services; repair or maintenance of cultivating machines and implements and their parts and fittings; repair and maintenance of water pollution control apparatus; repair or maintenance of wastewater treatment apparatus; repair and maintenance of waste crushing apparatus; repair or maintenance of telecommunication apparatus; repair or maintenance of measuring instruments; repair and maintenance of water purifying apparatus; construction supervision; construction of environmental sanitation facilities and environmental protection facilities and advisory services relating thereto; repair or maintenance of engines and internal combustion engines; repair or maintenance of tractors and automobiles; repair or maintenance of construction machines and implements; repair or maintenance of loading-unloading machines and implements; repair or maintenance of motive power machines and implements, not for land vehicles, and their parts; repair or maintenance of non-electric prime movers for land vehicles, not including their parts; repair or maintenance of industrial diesel engines; repair or maintenance of air conditioning machines and apparatus; repair or maintenance of power generators; repair or maintenance of waste processing machines and apparatus; repair or maintenance of environmental sanitation plants; repair or maintenance of rice milling machines; repair or maintenance of lawnmowers; pipeline construction; providing maintenance and repair information relating to the location and operation status for maintenance and repair of agricultural machines and implements and construction machines and apparatus; providing maintenance and repair information relating to the maintenance management of agricultural machines and implements and construction machines and apparatus; providing maintenance and repair information relating to the location and operation status for maintenance and repair of earthmoving machines and apparatus, including shield machines and piping connectors; providing maintenance and repair information relating to the maintenance management of earthmoving machines and apparatus; repair or maintenance of harvesting machines and implements, and their parts and fittings; repair or maintenance of parts and fittings of lawnmowers; repair or maintenance of parts and fittings of earthmoving machines and apparatus; repair or maintenance of electronic machines and implements and their parts and accessories, not including software
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.

Filing Basis: Section 44(e), Based on Foreign Registration:For all applications: The applicant attaches a copy of [ Japan registration number 2387104 registered 03/31/1992 with a renewal date of 11/04/2011 and an expiration date of 03/31/2022 ], and translation thereof, if appropriate, before the application may proceed to registration. 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. 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 on or 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 or services that meet the certification standards of the applicant.

Applicant proposes to amend the following:

Current:
Class 042 for Monitoring of computer security systems by remote access for protecting data and information from unauthorized access; remote monitoring technological functions of computers and computer programs by means of telecommunications network; programming for others of operating software for accessing and using a cloud computing network; remote monitoring of computer systems to ensure proper functioning of water treatment facilities and for recordation of, notification regarding, measurement of and reporting on facility faults report for water suppliers via cable or wireless telecommunications networks and computer communications networks; monitoring of water quality; testing, inspection, research and technological development relating to water treatment installations; engineering services in the nature of deterioration investigation and diagnosis of water treatment installations; technical assistance or consultancy relating to computer systems technology for optimization of operation of water treatment installations; engineering services in the nature of deterioration investigation and diagnosis of water treatment apparatus; preparation of technical engineering reports relating to water treatment apparatus; design of water treatment installations and other industrial buildings; consultancy in the field of design of water treatment installations and other industrial buildings; creating or maintaining web sites for others; design services of web sites; design of facilities using computer graphics; design of plumbing using computer graphics; computer system design services; computer-aided design services; industrial design services; soil diagnosis, namely, detection of nitrogen, phosphoric acid, potassium, water and other nourishments required for the plant growth; testing, inspection and research services in the fields of soil contamination, meteorology and agriculture; remote monitoring of water treatment apparatus via cloud computing network to ensure proper functioning; recordation, notification, measurement and research in the field of farms; designing of machines, apparatus, instruments and their parts or systems composed of such machines, apparatus and instruments for operation and maintenance of facilities composed of machines, engines, electric motors, plumbing, vessels and electric cables, and design and construction management for the planning and construction of such facilities; computer programming; technological advice relating to computers, automobiles and industrial machines; rental of computers and electronic machines, not including word processors and electrostatic copying machines; providing temporary use of online non-downloadable computer programs on data networks for testing, analysis and diagnosing of machines and engines, acquisition of position information, management of farm field, operation and maintenance of facilities composed of machines, engines, electric motors, plumbing, vessels and electric cables, and design and construction management for the planning and construction of such facilities; remote monitoring of operation status of air-conditioning installations, heating installations and plumbing systems of buildings, and of river flood and agricultural water by telecommunications to ensure proper functioning; remote monitoring of operation status of building equipment to ensure proper functioning; remote monitoring of wastewater treatment apparatus to ensure proper functioning; remote monitoring of operation status of agricultural irrigation units to ensure proper functioning; measuring of quality, temperature, level and flow of feed water supplied into a farm field via remote monitoring of machines and instruments; remote monitoring of water treatment apparatus for agricultural water to ensure proper functioning; remote monitoring of weighing apparatus and instruments to ensure proper functioning; remote monitoring of operation status of agricultural machines and implements and construction machines and apparatus to ensure proper functioning; remote monitoring of water treatment installations to ensure proper functioning
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.

Filing Basis: Section 44(e), Based on Foreign Registration: For all applications: The applicant attaches a copy of [ Japan registration number 2387104 registered 03/31/1992 with a renewal date of 11/04/2011 and an expiration date of 03/31/2022 ], and translation thereof, if appropriate. 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. 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 on or 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 or services that meet the certification standards of the applicant.


Proposed:

Tracked Text Description: Monitoring of computer security systems by remote access for protecting data and information from unauthorized access; remote monitoring technological functions of computers and computer programs by means of telecommunications network; remote monitoring of technological functions of computers and computer programs by means of telecommunications network; programming for others of operating software for accessing and using a cloud computing network; remote monitoring of computer systems to ensure proper functioning of water treatment facilities and for recordation of, notification regarding, measurement of and reporting on facility faults report for water suppliers via cable or wireless telecommunications networks and computer communications networks; remote monitoring of computer systems to ensure proper functioning of water treatment facilities and for recordation of, notification regarding, measurement of and reporting on facility faults for water suppliers via cable or wireless telecommunications networks and computer communications networks; monitoring of water quality; testing, inspection, research and technological development relating to water treatment installations; engineering services in the nature of deterioration investigation and diagnosis of water treatment installations; technical assistance or consultancy relating to computer systems technology for optimization of operation of water treatment installations; engineering services in the nature of deterioration investigation and diagnosis of water treatment apparatus; preparation of technical engineering reports relating to water treatment apparatus; design of water treatment installations and other industrial buildings; consultancy in the field of design of water treatment installations and other industrial buildings; creating or maintaining web sites for others; design services of web sites; design of web sites; design of facilities using computer graphics; design of plumbing using computer graphics; computer system design services; computer-aided design services; industrial design services; soil diagnosis, namely, detection of nitrogen, phosphoric acid, potassium, water and other nourishments required for the plant growth; soil diagnosis, namely, detection of nitrogen, phosphoric acid, potassium, water and other nourishments required for plant growth in soil; testing, inspection and research services in the fields of soil contamination, meteorology and agriculture; remote monitoring of water treatment apparatus via cloud computing network to ensure proper functioning; recordation, notification, measurement and research in the field of farms; recordation, notification, and measurement in the field of farms; designing of machines, apparatus, instruments and their parts or systems composed of such machines, apparatus and instruments for operation and maintenance of facilities composed of machines, engines, electric motors, plumbing, vessels and electric cables, and design and construction management for the planning and construction of such facilities; computer programming; technological advice relating to computers, automobiles and industrial machines; rental of computers and electronic machines, not including word processors and electrostatic copying machines; providing temporary use of online non-downloadable computer programs on data networks for testing, analysis and diagnosing of machines and engines, acquisition of position information, management of farm field, operation and maintenance of facilities composed of machines, engines, electric motors, plumbing, vessels and electric cables, and design and construction management for the planning and construction of such facilities; remote monitoring of operation status of air-conditioning installations, heating installations and plumbing systems of buildings, and of river flood and agricultural water by telecommunications to ensure proper functioning; remote monitoring of operation status of air-conditioning installations, heating installations and plumbing systems of buildings by telecommunications to ensure proper functioning; remote monitoring of operation status of building equipment to ensure proper functioning; remote monitoring of wastewater treatment apparatus to ensure proper functioning; remote monitoring of operation status of agricultural irrigation units to ensure proper functioning; measuring of quality, temperature, level and flow of feed water supplied into a farm field via remote monitoring of machines and instruments; remote monitoring of water treatment apparatus for agricultural water to ensure proper functioning; remote monitoring of weighing apparatus and instruments to ensure proper functioning; remote monitoring of operation status of agricultural machines and implements and construction machines and apparatus to ensure proper functioning; remote monitoring of water treatment installations to ensure proper functioningClass 042 for Monitoring of computer security systems by remote access for protecting data and information from unauthorized access; remote monitoring of technological functions of computers and computer programs by means of telecommunications network; programming for others of operating software for accessing and using a cloud computing network; remote monitoring of computer systems to ensure proper functioning of water treatment facilities and for recordation of, notification regarding, measurement of and reporting on facility faults for water suppliers via cable or wireless telecommunications networks and computer communications networks; monitoring of water quality; testing, inspection, research and technological development relating to water treatment installations; engineering services in the nature of deterioration investigation and diagnosis of water treatment installations; technical assistance or consultancy relating to computer systems technology for optimization of operation of water treatment installations; engineering services in the nature of deterioration investigation and diagnosis of water treatment apparatus; preparation of technical engineering reports relating to water treatment apparatus; design of water treatment installations and other industrial buildings; consultancy in the field of design of water treatment installations and other industrial buildings; creating or maintaining web sites for others; design of web sites; design of facilities using computer graphics; design of plumbing using computer graphics; computer system design services; computer-aided design services; industrial design services; soil diagnosis, namely, detection of nitrogen, phosphoric acid, potassium, water and other nourishments required for plant growth in soil; testing, inspection and research services in the fields of soil contamination, meteorology and agriculture; remote monitoring of water treatment apparatus via cloud computing network to ensure proper functioning; recordation, notification, and measurement in the field of farms; designing of machines, apparatus, instruments and their parts or systems composed of such machines, apparatus and instruments for operation and maintenance of facilities composed of machines, engines, electric motors, plumbing, vessels and electric cables, and design and construction management for the planning and construction of such facilities; computer programming; technological advice relating to computers, automobiles and industrial machines; rental of computers and electronic machines, not including word processors and electrostatic copying machines; providing temporary use of online non-downloadable computer programs on data networks for testing, analysis and diagnosing of machines and engines, acquisition of position information, management of farm field, operation and maintenance of facilities composed of machines, engines, electric motors, plumbing, vessels and electric cables, and design and construction management for the planning and construction of such facilities; remote monitoring of operation status of air-conditioning installations, heating installations and plumbing systems of buildings by telecommunications to ensure proper functioning; remote monitoring of operation status of building equipment to ensure proper functioning; remote monitoring of wastewater treatment apparatus to ensure proper functioning; remote monitoring of operation status of agricultural irrigation units to ensure proper functioning; measuring of quality, temperature, level and flow of feed water supplied into a farm field via remote monitoring of machines and instruments; remote monitoring of water treatment apparatus for agricultural water to ensure proper functioning; remote monitoring of weighing apparatus and instruments to ensure proper functioning; remote monitoring of operation status of agricultural machines and implements and construction machines and apparatus to ensure proper functioning; remote monitoring of water treatment installations to ensure proper functioning
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.

Filing Basis: Section 44(e), Based on Foreign Registration:For all applications: The applicant attaches a copy of [ Japan registration number 2387104 registered 03/31/1992 with a renewal date of 11/04/2011 and an expiration date of 03/31/2022 ], and translation thereof, if appropriate, before the application may proceed to registration. 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. 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 on or 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 or services that meet the certification standards of the applicant.

Applicant proposes to amend the following:

Current:
Class 044 for Farming consultation services, namely, remote monitoring of growing conditions using a sensor; agronomic consulting services in the field of crop management via cloud computing network; farming consultation by means of remote monitoring of farm products via cloud computing network; farming consultation by means of remote monitoring of farm fields via cloud computing network; farming consultation, including the recordation of, notification regarding and measurement and research of farm field information, including soil information, farm crops growing information, and information about crop yield, fertilizer level, seeding amount, planting amount and agricultural chemicals application rate via cable or wireless telecommunications networks and computer communications networks
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.

Filing Basis: Section 44(e), Based on Foreign Registration: For all applications: The applicant attaches a copy of [ Japan registration number 2387104 registered 03/31/1992 with a renewal date of 11/04/2011 and an expiration date of 03/31/2022 ], and translation thereof, if appropriate. 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. 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 on or 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 or services that meet the certification standards of the applicant.


Proposed:

Tracked Text Description: Farming consultation services, namely, remote monitoring of growing conditions using a sensor; agronomic consulting services in the field of crop management via cloud computing network; farming consultation by means of remote monitoring of farm products via cloud computing network; farming consultation by means of remote monitoring of farm fields via cloud computing network; farming consultation, including the recordation of, notification regarding and measurement and research of farm field information, including soil information, farm crops growing information, and information about crop yield, fertilizer level, seeding amount, planting amount and agricultural chemicals application rate via cable or wireless telecommunications networks and computer communications networks; farming researchClass 044 for Farming consultation services, namely, remote monitoring of growing conditions using a sensor; agronomic consulting services in the field of crop management via cloud computing network; farming consultation by means of remote monitoring of farm products via cloud computing network; farming consultation by means of remote monitoring of farm fields via cloud computing network; farming consultation, including the recordation of, notification regarding and measurement and research of farm field information, including soil information, farm crops growing information, and information about crop yield, fertilizer level, seeding amount, planting amount and agricultural chemicals application rate via cable or wireless telecommunications networks and computer communications networks; farming research
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.

Filing Basis: Section 44(e), Based on Foreign Registration:For all applications: The applicant attaches a copy of [ Japan registration number 2387104 registered 03/31/1992 with a renewal date of 11/04/2011 and an expiration date of 03/31/2022 ], and translation thereof, if appropriate, before the application may proceed to registration. 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. 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 on or 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 or services that meet the certification standards of the applicant.

OWNER AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: Kubota Corporation, a corporation of Japan, having an address of
      2-47, Shikitsuhigashi 1-chome
      Naniwa-ku, Osaka, 5568601
      Japan

Proposed: Kubota Corporation, a corporation of Japan, having an address of
      2-47, Shikitsuhigashi 1-chome
      Naniwa-ku, Osaka, 5568601
      Japan
      Email Address: XXXX
Correspondence Information (current):
      Cecilia R. Dickson
      PRIMARY EMAIL FOR CORRESPONDENCE: trademarks@webblaw.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

The docket/reference number is 9223-1808338.
Correspondence Information (proposed):
      Cecilia R. Dickson
      PRIMARY EMAIL FOR CORRESPONDENCE: trademarks@webblaw.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

The docket/reference number is 9223-1808338.

Requirement for Email and Electronic Filing: I understand that a valid email address must be maintained by the owner/holder and the owner's/holder's attorney, if appointed, and that all official trademark correspondence must be submitted via the Trademark Electronic Application System (TEAS).

SIGNATURE(S)
Response Signature
Signature: /cps/     Date: 08/10/2020
Signatory's Name: Christopher P. Sherwin
Signatory's Position: Attorney of Record, PA Bar member

Signatory's Phone Number: 412-471-8815

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:    Cecilia R. Dickson
   The Webb Law Firm
   One Gateway Center
   420 Fort Duquesne Boulevard, Suite 1200
   Pittsburgh, Pennsylvania 15222
Mailing Address:    Cecilia R. Dickson
   The Webb Law Firm
   One Gateway Center
   420 Fort Duquesne Boulevard, Suite 1200
   Pittsburgh, Pennsylvania 15222
        
Serial Number: 88246849
Internet Transmission Date: Mon Aug 10 14:23:15 ET 2020
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XXX-202008101423156
75863-88246849-740278a8269d15e603e99163f
60b5940aa9f3fa2eb196e1aa95888909e15827b8
0-N/A-N/A-20200810141707561691