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. 88276366  (Stylized and/or with Design, see http://uspto.report/TM/88276366/mark.png) has been amended as follows:

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

Introduction
Before addressing the specifics of the Office Action, Applicant notes that goods and services which form a part of Applicant’s business include the development, construction, and sale of specialized systems, and accompanying services, which are new in the marketplace. More specifically, some of Applicant’s devices and services are used to detect the presence of unmanned aerial vehicles, often and commonly referred to as “drones,” in areas near Applicant’s devices, and to use that information in numerous ways, including for security of that location. Indeed, Applicant’s systems have recently been used to secure and protect the 2018 NATO summit in Brussels, Belgium, and a recent summit meeting of Kim Jong Un of North Korean and U.S. President Donald Trump, and, e.g., has been contracted with to install such a system for Muscat International Airport in Oman.

Amendment to the IDs

Applicant has carefully reviewed the Examining Attorney’s kind suggestions for amending the IDS, and has largely adopted them, identifying “electromagnetic spectrum analysis surveillance apparatus” as some of the goods. Applicant refers the Examining Attorney to the discussion above about the general types of systems and services Applicant’s business provided. With respect to the Class 41 services, Applicant notes that there can be a significant entertainment component involved with the jamming of a drone’s control signals, thus properly placing those services in Class 41.

Conclusion

In view of the foregoing, Applicant respectfully submits that this application is in condition for allowance, which is earnestly solicited. If there are any issues for which the Examining Attorney believes a telephone conference or email exchange with the undersigned would be useful, they are invited to contact the undersigned.



CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 009 for Aerials; Spectrum analyzers, other than for medical use; Closed circuit television cameras; Electronic surveillance apparatus; Radio receiving tuners; Radio direction finders; Mobile radio receiving apparatus; Radio frequency identification devices, namely, transponders; Radio receivers for remote controls; Devices for wireless radio transmission; Electronic devices used to locate lost articles employing the global positioning system or cellular communication networks
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: Aerials; Spectrum analyzers, other than for medical use; Closed circuit television cameras; Electronic surveillance apparatus; Electronic surveillance apparatus, namely electromagnetic spectrum surveillance apparatus; Radio receiving tuners; Radio direction finders; Radio signal antennas; Mobile radio receiving apparatus; Radio frequency identification devices, namely, transponders; Radio receivers for remote controls; Devices for wireless radio transmission; Electronic devices used to locate lost articles employing the global positioning system or cellular communication networksClass 009 for Aerials; Spectrum analyzers, other than for medical use; Closed circuit television cameras; Electronic surveillance apparatus, namely electromagnetic spectrum surveillance apparatus; Radio receiving tuners; Radio direction finders; Radio signal antennas; Mobile radio receiving apparatus; Radio frequency identification devices, namely, transponders; Radio receivers for remote controls; Devices for wireless radio transmission; Electronic devices used to locate lost articles employing the global positioning system or cellular communication 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.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 038 for Transfer of information by radio
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: Transfer of information by radio; Transfer of information by radio, namely, transmission and receiving by radioClass 038 for Transfer of information by radio, namely, transmission and receiving by radio
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.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 045 for Electronic monitoring services for security purposes
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: Electronic monitoring services for security purposes; Electronic monitoring services for security purposes, namely, electronic monitoring of the electromagnetic spectrum, detecting dronesClass 045 for Electronic monitoring services for security purposes, namely, electronic monitoring of the electromagnetic spectrum, detecting drones
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: /Adam J. Cermak/     Date: 07/16/2019
Signatory's Name: Adam J. Cermak
Signatory's Position: Attorney of record, Virginia state bar

Signatory's Phone Number: 703-717-9351

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: 88276366
Internet Transmission Date: Tue Jul 16 15:40:47 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XXX.XX.X-201907161540470058
28-88276366-620b834823bb8ebeef75e9e10844
363ac4132f2b86d32c1714568dbc8b092c34d52-
N/A-N/A-20190716150349048296