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. 88264243 SMARTDS(Standard Characters, see http://uspto.report/TM/88264243/mark.png) has been amended as follows:

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

Please see argument in evidence section.

EVIDENCE
Evidence in the nature of PDF of Argument. has been attached.
Original PDF file:
evi_681422266-20190730102200595054_._Response_to_Office_Action_SMARTDS.pdf
Converted PDF file(s) ( 2 pages)
Evidence-1
Evidence-2

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 009 for Detectors for detecting explosion events in a vessel, room or ductwork, in particular pressure sensors; Electronic data processing apparatuses; Explosion detection systems sold as a unit comprising a pressure sensor and a data processing apparatus for processing the pressure sensor signals; Computer software for operating explosion detection systems, in particular for programming explosion detection systems and for downloading, investigating and analysing data from explosion detection systems
Original Filing Basis:
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant.

Proposed:
Tracked Text Description: Detectors for detecting explosion events in a vessel, room or ductwork, in particular pressure sensors; Electronic data processing apparatuses; Explosion detection systems sold as a unit comprising a pressure sensor and a data processing apparatus for processing the pressure sensor signals; Computer software for operating explosion detection systems, in particular for programming explosion detection systems and for downloading, investigating and analysing data from explosion detection systems; Recorded computer software for operating explosion detection systems, in particular for programming explosion detection systems and for downloading, investigating and analysing data from explosion detection systems; Downloadable computer software for operating explosion detection systems, in particular for programming explosion detection systems and for downloading, investigating and analysing data from explosion detection systems.Class 009 for Detectors for detecting explosion events in a vessel, room or ductwork, in particular pressure sensors; Electronic data processing apparatuses; Explosion detection systems sold as a unit comprising a pressure sensor and a data processing apparatus for processing the pressure sensor signals; Recorded computer software for operating explosion detection systems, in particular for programming explosion detection systems and for downloading, investigating and analysing data from explosion detection systems; Downloadable computer software for operating explosion detection systems, in particular for programming explosion detection systems and for downloading, investigating and analysing data from explosion detection systems.
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant.

SIGNATURE(S)
Response Signature
Signature: /Stephen F. W. Ball, Jr./     Date: 08/01/2019
Signatory's Name: Stephen F. W. Ball, Jr.
Signatory's Position: Attorney of Record, CT Bar Member

Signatory's Phone Number: 2037030800

The signatory has confirmed that he/she is an attorney who is a member in good standing of the bar of the highest court of a U.S. state, which includes the District of Columbia, Puerto Rico, and other federal territories and possessions; and he/she is currently the owner's/holder's attorney or an associate thereof; and to the best of his/her knowledge, if prior to his/her appointment another U.S. attorney or a Canadian attorney/agent not currently associated with his/her company/firm previously represented the owner/holder in this matter: (1) the owner/holder has filed or is concurrently filing a signed revocation of or substitute power of attorney with the USPTO; (2) the USPTO has granted the request of the prior representative to withdraw; (3) the owner/holder has filed a power of attorney appointing him/her in this matter; or (4) the owner's/holder's appointed U.S. attorney or Canadian attorney/agent has filed a power of attorney appointing him/her as an associate attorney in this matter.

        
Serial Number: 88264243
Internet Transmission Date: Thu Aug 01 14:08:45 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XXX.XX.XX-20190801140845597
653-88264243-62024aa4cb538a98054bd57c1dc
a8343e7c4e0f394b9abfa57edf3179cf48ce29-N
/A-N/A-20190730102200595054