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. 88264548 BATTERYTRAK(Standard Characters, see http://uspto.report/TM/88264548/mark.png) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 009 for Downloadable software in the nature of a mobile application for a portable computing device; downloadable software in the nature of a mobile application for a portable computing device that functions with an accessory; downloadable software in the nature of a mobile application for a portable computing device that displays information about the accessory; downloadable software in the nature of a mobile application for a portable computing device that reports information about the accessory to a remote server
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: Downloadable software in the nature of a mobile application for a portable computing device; Downloadable software in the nature of a mobile application for a portable computing device for displaying battery information such as health indicators and identifying information; downloadable software in the nature of a mobile application for a portable computing device that functions with an accessory; downloadable software in the nature of a mobile application for a portable computing device that functions with an accessory, the mobile application being configured for displaying battery information such as health indicators and identifying information; downloadable software in the nature of a mobile application for a portable computing device that displays information about the accessory; downloadable software in the nature of a mobile application for a portable computing device, the mobile application being configured for displaying information about the accessory in the nature of battery information such as health indicators and identifying information; downloadable software in the nature of a mobile application for a portable computing device that reports information about the accessory to a remote server; downloadable software in the nature of a mobile application for a portable computing device for reporting information about the accessory to a remote server, the information being in the nature of battery information such as health indicators and identifying information.Class 009 for Downloadable software in the nature of a mobile application for a portable computing device for displaying battery information such as health indicators and identifying information; downloadable software in the nature of a mobile application for a portable computing device that functions with an accessory, the mobile application being configured for displaying battery information such as health indicators and identifying information; downloadable software in the nature of a mobile application for a portable computing device, the mobile application being configured for displaying information about the accessory in the nature of battery information such as health indicators and identifying information; downloadable software in the nature of a mobile application for a portable computing device for reporting information about the accessory to a remote server, the information being in the nature of battery information such as health indicators and identifying information.
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant.

The applicant's current attorney information: Thomas M. Hardman. Thomas M. Hardman of RAY QUINNEY & NEBEKER, is located at

      36 SOUTH STATE STREET, SUITE 1400
      SALT LAKE CITY, Utah 84111
      US
The docket/reference number is 3271-3-031.

The phone number is 801-323-3307.

The email address is patent@rqn.com

The applicants proposed attorney information: Thomas M. Hardman. Thomas M. Hardman of RAY QUINNEY & NEBEKER, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      36 SOUTH STATE STREET, SUITE 1400
      SALT LAKE CITY, Utah 84111
      United States
The docket/reference number is 3271-3-031.

The phone number is 801-323-3307.

The email address is patent@rqn.com

Thomas M. Hardman submitted the following statement: The attorney of record is an active member in good standing of the bar of the highest court of a U.S. state, the District of Columbia, or any U.S. Commonwealth or territory.
The applicant's current correspondence information: THOMAS M. HARDMAN. THOMAS M. HARDMAN of RAY QUINNEY & NEBEKER, is located at

      36 SOUTH STATE STREET, SUITE 1400
      SALT LAKE CITY, Utah 84111
      US
The docket/reference number is 3271-3-031.

The phone number is 801-323-3307.

The email address is patent@rqn.com; patent@rqn.com

The applicants proposed correspondence information: Thomas M. Hardman. Thomas M. Hardman of RAY QUINNEY & NEBEKER, is located at

      36 SOUTH STATE STREET, SUITE 1400
      SALT LAKE CITY, Utah 84111
      United States
The docket/reference number is 3271-3-031.

The phone number is 801-323-3307.

The email address is patent@rqn.com

SIGNATURE(S)
Response Signature
Signature: /Thomas M. Hardman/     Date: 09/30/2019
Signatory's Name: Thomas M. Hardman
Signatory's Position: Attorney of record, Utah Bar member

Signatory's Phone Number: 8013233307

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:    THOMAS M. HARDMAN
   RAY QUINNEY & NEBEKER
   
   36 SOUTH STATE STREET, SUITE 1400
   SALT LAKE CITY, Utah 84111
Mailing Address:    Thomas M. Hardman
   RAY QUINNEY & NEBEKER
   36 SOUTH STATE STREET, SUITE 1400
   SALT LAKE CITY, Utah 84111
        
Serial Number: 88264548
Internet Transmission Date: Mon Sep 30 19:00:09 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XXX-201909301900097
23968-88264548-610178929a8a784c7f7b40a47
7a8ffa333eea1c942bf526446d8435eee0f6b642
-N/A-N/A-20190930185917865942