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. 88278053 INTERSTELLAR (Stylized and/or with Design, see http://uspto.report/TM/88278053/mark.png) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant hereby deletes the following class of goods/services from the application.
Class 036 for Financial asset management; Financial evaluation, tracking, analysis, forecasting, consultancy, advisory and research services relating to securities and other financial instruments

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 009 for Downloadable software for connecting, operating, and managing networked M2M in the internet of things (IoT); Microcontrollers for internet of things (IoT) enabled devices; Transponder location 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: Downloadable software for connecting, operating, and managing networked M2M in the internet of things (IoT); Downloadable software for connecting, operating, and managing networked machines or devices in the internet of things (IoT); Microcontrollers for internet of things (IoT) enabled devices; Transponder location systems; Transponder location systems.Class 009 for Downloadable software for connecting, operating, and managing networked machines or devices in the internet of things (IoT); Microcontrollers for internet of things (IoT) enabled devices; Transponder location 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.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 035 for Database management; Maintaining a registry of national and international databases in the field of asset control (fixed and mobile); Providing electronic tracking of intellectual and industrial property assets to others for business purposes; Providing tracking services and information concerning tracking of assets in transit, namely, vehicles, trailers, drivers, cargo and delivery containers for business inventory 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: Database management; Maintaining a registry of national and international databases in the field of asset control (fixed and mobile); Maintaining a registry of national and international databases featuring listings of third parties' fixed and mobile assets, for the purpose of asset control; Providing electronic tracking of intellectual and industrial property assets to others for business purposes; Providing tracking services and information concerning tracking of assets in transit, namely, vehicles, trailers, drivers, cargo and delivery containers for business inventory purposesClass 035 for Database management; Maintaining a registry of national and international databases featuring listings of third parties' fixed and mobile assets, for the purpose of asset control; Providing electronic tracking of intellectual and industrial property assets to others for business purposes; Providing tracking services and information concerning tracking of assets in transit, namely, vehicles, trailers, drivers, cargo and delivery containers for business inventory purposes
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 Broadband radio communication services; Communication via computer terminals, by digital transmission or by satellite; Telematic sending of information; Transmission and delivery of data via broadband/satellite M2M and Wireless 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: Broadband radio communication services; Providing Internet access to downloads of books, magazines, newspapers and digital media on a variety of topics via a web site; Communication via computer terminals, by digital transmission or by satellite; electronic delivery of electronic library books and electronic books; Telematic sending of information; Transmission and delivery of data via broadband/satellite M2M and Wireless Communication NetworksClass 038 for Providing Internet access to downloads of books, magazines, newspapers and digital media on a variety of topics via a web site; electronic delivery of electronic library books and electronic books
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 039 for Distribution services, namely, delivery of electronic library and (e) books; Providing information concerning collection and delivery of assets in transit, namely, vehicles, trailers, drivers, cargo and delivery containers
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: Distribution services, namely, delivery of electronic library and (e) books; Providing information concerning collection and delivery of assets in transit, namely, vehicles, trailers, drivers, cargo and delivery containersClass 039 for Providing information concerning collection and delivery of assets in transit, namely, vehicles, trailers, drivers, cargo and delivery containers
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 042 for Electronic data storage; Electronic monitoring and reporting of individual assets using computers or sensors
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 data storage; Electronic monitoring and reporting of individual assets using computers or sensors; Electronic monitoring and reporting of persons, materials, and equipment using computers or sensorsClass 042 for Electronic data storage; Electronic monitoring and reporting of persons, materials, and equipment using computers or sensors
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 AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: INTERSTELLAR Inc, a corporation of Delaware, having an address of
      P.O. Box 3373
      Reston, Virginia 20195
      United States

      XXXX (authorized)
Proposed: Interstellar, Inc., a corporation of Delaware, having an address of
      P.O. Box 3373
      Reston, Virginia 20195
      United States
      XXXX (authorized)
      703-582-5319

The applicant hereby appoints Mariessa Terrell. Mariessa Terrell of Innovation PI Law, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      Suite 501
      455 Massachusetts Ave., NW
      Washington, District of Columbia 20001
      United States
to submit this Response to Office Action Form on behalf of the applicant.
The docket/reference number is 00086.

The phone number is 2022775071.

The email address is mterrell@innovationPI.law

Mariessa Terrell 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: INTERSTELLAR INC. INTERSTELLAR INC of INTERSTELLAR INC, is located at

      P.O. BOX 3373
      RESTON, Virginia 20195
      US

The email address is info@interstellarm2m.com; geraldfbcooper@icloud.com; cooper@liberianlawyer.com; designsmc@gmail.com

The applicants proposed correspondence information: Mariessa Terrell. Mariessa Terrell of Innovation PI Law, is located at

      Suite 501
      455 Massachusetts Ave., NW
      Washington, District of Columbia 20001
      United States
The docket/reference number is 00086.

The phone number is 2022775071.

The email address is mterrell@innovationPI.law; mterrell@sbclawgroup.com; info@interstellarm2m.com; geraldfbcooper@icloud.com; designsmc@gmail.com

ADDITIONAL STATEMENTS
Description of mark
The mark consists of the stylized wording "INTERSTELLAR" with the letter "A" stylized in the shape of a star, above a line comprised of eighteen stars.

SIGNATURE(S)
Response Signature
Signature: /Mariessa Terrell/     Date: 10/16/2019
Signatory's Name: Mariessa Terrell
Signatory's Position: Attorney of Record, Maryland Bar Member

Signatory's Phone Number: 202-277-5071

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:    INTERSTELLAR INC
   INTERSTELLAR INC
   
   P.O. BOX 3373
   RESTON, Virginia 20195
Mailing Address:    Mariessa Terrell
   Innovation PI Law
   Suite 501
   455 Massachusetts Ave., NW
   Washington, District of Columbia 20001
        
Serial Number: 88278053
Internet Transmission Date: Wed Oct 16 22:36:44 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XXX-201910162236449
27558-88278053-610661882d7c23798a3745227
c9e272e5f6d1a5af34dde7b25eb5dfeef650de-N
/A-N/A-20191016220845473345