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. 88249730 BELL NEXUS(Standard Characters, see http://uspto.report/TM/88249730/mark.png) has been amended as follows:

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

Applicant has amended the class 12 goods to: Aircraft, namely, air taxis in the nature of vertical take-off and landing (VTOL) aircraft and structural parts for the foregoing, excluding drones and parachutes. Class 39 remains unchanged. As discussed with the Examiner via email correspondence dated on April 8, 2020, this amendment obviates the refusal as to Reg. No. 5,807,351. Furthermore, Applicant has submitted a Consent to Use and Registration Agreement between Applicant and Textron Innovations Inc. - as also reviewed with the Examiner in advance, this obviates the refusal as to Reg. No. 0937437. Similar Consents have been accepted in other cases including Bell 505 under Reg. No. 5301790 and Jet Ranger X under Reg. No. 5301789. Applicant thanks the Examining Attorney for her ongoing assistance. Given the above, and given that the potential citation of Serial No. 87910284 for NEXUS VACATIONS was previously withdrawn upon reevaluation, Applicant respectfully requests the application be passed to publication.

EVIDENCE

Original PDF file:
evi_65183161130-202005111 44521242860_._Consent_to_ Register_-_SIGNED.pdf
Converted PDF file(s) ( 2 pages) Evidence-1Evidence-2

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 012 for Aircraft; Aircraft incorporating artificial intelligence; Aircraft, namely, vertical lift aircraft; Aircraft, namely, vertical lift aircraft incorporating artificial intelligence; Unmanned aerial vehicles (UAVs); Unmanned aerial vehicles (UAVs) incorporating artificial intelligence; Structural parts for all of the foregoing
Filing Basis: Section 44(e), Based on Foreign Registration: For all applications: The applicant attaches a copy of [ United Kingdom registration number UK0000336469 registered 04/05/2019 with a renewal date of __________ and an expiration date of 01/04/2029 ], 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: Aircraft; Aircraft, namely, air taxis in the nature of vertical take-off and landing (VTOL) aircraft and structural parts for the foregoing, excluding drones and parachutes; Aircraft incorporating artificial intelligence; Aircraft, namely, vertical lift aircraft; Aircraft, namely, vertical lift aircraft incorporating artificial intelligence; Unmanned aerial vehicles (UAVs); Unmanned aerial vehicles (UAVs) incorporating artificial intelligence; Structural parts for all of the foregoingClass 012 for Aircraft, namely, air taxis in the nature of vertical take-off and landing (VTOL) aircraft and structural parts for the foregoing, excluding drones and parachutes
Filing Basis: Section 44(e), Based on Foreign Registration:For all applications: The applicant attaches a copy of [ United Kingdom registration number UK0000336469 registered 04/05/2019 with a renewal date of __________ and an expiration date of 01/04/2029 ], 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: BELL TEXTRON INC., a corporation of Delaware, having an address of
      P.O. BOX 482
      FORT WORTH, Texas 76101
      United States

Proposed: BELL TEXTRON INC., a corporation of Delaware, having an address of
      P.O. BOX 482
      FORT WORTH, Texas 76101
      United States
      Email Address: XXXX
Correspondence Information (current):
      Lisabeth H. Coakley
      PRIMARY EMAIL FOR CORRESPONDENCE: docketingtm@hdp.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

The docket/reference number is 3191H-200146.
Correspondence Information (proposed):
      Lisabeth H. Coakley
      PRIMARY EMAIL FOR CORRESPONDENCE: docketingtm@hdp.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): agrubb@hdp.com; palanglois@hdp.com; gaurini@hdp.com

The docket/reference number is 3191H-200146.

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: /Lisabeth H. Coakley/     Date: 05/11/2020
Signatory's Name: Lisabeth H. Coakley
Signatory's Position: Attorney of Record, Michigan Bar Member

Signatory's Phone Number: (248) 641-1600

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:    Lisabeth H. Coakley
   HARNESS, DICKEY & PIERCE, PLC
   
   5445 CORPORATE DRIVE, SUITE 200
   TROY, Michigan 48098
Mailing Address:    Lisabeth H. Coakley
   HARNESS, DICKEY & PIERCE, PLC
   5445 CORPORATE DRIVE, SUITE 200
   TROY, Michigan 48098
        
Serial Number: 88249730
Internet Transmission Date: Mon May 11 19:10:54 ET 2020
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XXX-202005111910542
64636-88249730-7108f307693e584142fa3bfca
cf3fc6203ae8aa6e503f339ca7a773c98e587e-N
/A-N/A-20200511144521242860