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. 88281362 X (Stylized and/or with Design, see http://uspto.report/TM/88281362/mark.png) has been amended as follows:

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

Please see the actual argument text attached within the Evidence section.

EVIDENCE

Original PDF file:
evi_67132198251-20191008105539543998_._X_Stylized_ROA_for_Filing.pdf
Converted PDF file(s) ( 8 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Evidence-6
Evidence-7
Evidence-8

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant hereby deletes the following class of goods/services from the application.
Class 037 for Construction services; construction consultancy

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 007 for Dishwashers; electric wax-polishing machines; electric washing machines; electric vacuum cleaners; electric food blenders for household purposes; electric food processors; floor polishing machines for household purposes; electric coffee grinders for household purposes; electric juicers for household purposes; electric meat crushing machines for household purposes; electric blenders for household purposes; electric door openers
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.

Filing Basis: Section 44(d), Priority based on foreign filing: 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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority based upon a foreign application. For a certification 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, 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, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on[ Japan application number 2018-100753 filed 08/07/2018]. 15 U.S.C.Section 1126(d), as amended.

Proposed:
Tracked Text Description: Dishwashers; electric wax-polishing machines; electric wax-polishing machines for household purposes; electric washing machines; electric washing machines for household purposes; electric vacuum cleaners; electric food blenders for household purposes; electric food processors; floor polishing machines for household purposes; electric coffee grinders for household purposes; electric juicers for household purposes; electric meat crushing machines for household purposes; electric meat crushing machines for household purposes, namely, meat grinders; electric blenders for household purposes; electric food blenders for household purposes; electric door openersClass 007 for Dishwashers; electric wax-polishing machines for household purposes; electric washing machines for household purposes; electric vacuum cleaners; electric food blenders for household purposes; electric food processors; floor polishing machines for household purposes; electric coffee grinders for household purposes; electric juicers for household purposes; electric meat crushing machines for household purposes, namely, meat grinders; electric food blenders for household purposes; electric door openers
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.

Filing Basis: Section 44(d), Priority based on foreign filing: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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority based upon a foreign application. 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, 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, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on [ Japan application number 2018-100753 filed 08/07/2018]. 15 U.S.C.Section 1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 009 for Electric shutter openers; electrical communication machines and instruments; electrical communication machines and instruments and their parts; computer programs; power distribution or control machines and apparatus; electronic lock assemblies; electric wires and cables; fire alarms; gas leak alarms; anti-theft warning apparatus; measuring or testing machines and instruments; solar batteries; batteries; rotary converters; phase modifiers; telephone apparatus; wire communication machines and apparatus; transmission machines and apparatus for telecommunication; broadcasting machines and apparatus; radio communication machines and apparatus; radio machines and apparatus; remote control telemetering machines and instruments; audio frequency devices and apparatus; video frequency devices and apparatus; parts and accessories for telecommunication machines and apparatus; computers and their peripherals; electrostatic copying machines; electronic desk calculators; electronic dictionaries; word processors; electron tubes; semi-conductor elements; electronic circuits; photographic apparatus and instruments; cinematographic apparatus and instruments; optical machines and apparatus; spectacles; 3D spectacles; satellite receiving apparatus; electronic publications; cameras (photography); digital photo frames; dry cells; rechargeable batteries; electrical adapters; bathroom scales; pedometers; electronic calorie consumption measuring apparatus; electronic measuring apparatus for exercise intensity; terminals for televisions; electric chargers; flash lamps for cameras; digital still cameras; apparatus for reproduction of sound; radio receivers; audio cassette players and recorders; optical disk players and recorders; optical disc drives and their parts; lens cleaning disk for optical disk players; hard disk players and recorders; CD players; portable audio players; MP3 players; audio speakers; parts for audio speakers; stereo tuners; audio amplifiers; audio power amplifiers; microphones; slip mats for turntable for record players; digital voice recorders; digital sound processors; headphones; earphones; stereo components; audio mixers; magnetic head cleaners; magnetic tape cleaners; machines and apparatus for the reproduction, recordal of sound and images; television receivers; plasma display panels; LCD screen displays; LCD display panels; antennas; video tuners; LCD projectors; video tape recorders; video tape players; video cameras; camcorders; video surveillance cameras; DVD video recorders; DVD video players; audio speakers for home theater systems; playing devices for home theater systems; remote controllers for machines and apparatus for the reproduction, recordal of sound and images; video encoders; head cleaning tapes for video recorders; head cleaning tapes for audio cassette recorders; organic electro-luminescent (EL) displays
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.

Filing Basis: Section 44(d), Priority based on foreign filing: 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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority based upon a foreign application. For a certification 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, 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, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on[ Japan application number 2018-100753 filed 08/07/2018]. 15 U.S.C.Section 1126(d), as amended.

Proposed:
Tracked Text Description: Electric shutter openers; Electrical shutter openers in the nature of electric window openers; electrical communication machines and instruments; electrical communication machines and instruments, namely, telephones, intercoms, portable telephones, cell phones, televisions, portable radio communication machines, navigation apparatus for vehicles, portable audio players, DVD players, DVD recorders, optical disk players, optical disk recorders, media players, Set-top boxes, digital audio and video recorders and players, digital photo frames, videocameras, digital cameras, headphones, microphones for telecommunication apparatus, monitoring apparatus, other than for medical purposes, in the nature of wireless and wired controllers to monitor and control the functioning of other electronic devices, personal digital assistants in the shape of a watch, smartglasses, modems, smart rings; electrical communication machines and instruments and their parts; Home automation hubs using artificial intelligence comprised of voice-activated speakers, computer hardware and software for controlling networked devices in the internet of things (IoT), operating internet-enabled and connected lighting apparatus and home security alarms; computer programs; electronic machines, apparatus and their parts, namely, computers, display units for computers, tablet computers and laptop computers; Computer programs for remotely monitoring environments and conditions and controlling devices within a building, facility and designated separate areas; Computer programs for remotely controlling lighting devices within a building, facilities and designated separate area; Computer programs for remotely monitoring and controlling electric appliances; Computer programs for displaying advertisements; computer programs for use in connecting and controlling internet of things (Iot) electronic devices; computer programs and software for image processing used for mobile phones; measuring or testing machines and instruments; computer programs for accessing and using the internet; computer programs for enabling access or entrance control; computer operating programs; computer programs for the processing and analysis of pattern recognition data using artificial intelligence and natural language processing; phase modifiers; computer programs for use as an application programming interface (API); software development kits (SDKs) consisting of computer software for the development, use, and interoperability of APIs that are used by electronic devices and systems; wire communication machines and apparatus; computer programs for providing personal concierge services for others via a mobile phone, computer, tablet, smart phone, handheld computer, and/or portable computer, namely, adding and accessing calendar appointments, alarms, timers, reminders and making restaurant, travel, and hotel reservations; transmission machines and apparatus for telecommunication; computer programs for personal information management; broadcasting machines and apparatus; computer programs for providing consumer assistants for searching, locating and providing directions for the purchase, consumption and use of a wide range of consumer products, services and information over a global communications network; radio communication machines and apparatus; power distribution or control machines and apparatus; radio machines and apparatus; electronic lock assemblies; electric wires and cables; fire alarms; video frequency devices and apparatus; gas leak alarms; parts and accessories for telecommunication machines and apparatus; anti-theft warning apparatus; measuring or, testing machines and instruments, namely, balances, scales, gas sensors, thermostats, gyrocompasses, position sensors, acoustic meters, anemometers, noisemeters, optical sensors, photometers, motion sensors, pressure sensors, thermometers, vibration meters, Sunshine recorders, pedometers, barometers, water level gauges, water temperature gauges, water meters, temperature sensors, dust measuring apparatus, thermo-hygrometers, illuminometers, smoke alarm testers, calorimeters, Infrared sensors, length measuring gauges; solar batteries; batteries; electronic dictionaries; rotary converters; phase shifters for communications apparatus.; telephone apparatus; semi-conductor elements; wire-based communication machines and apparatus; , namely, telephone apparatus and receivers; open-wire transmission machines and apparatus for telecommunication; cinematographic apparatus and instruments; broadcasting machines and apparatus namely, cable broadcasting machines and apparatus; optical machines and apparatus; radio communication machines and apparatus, namely, walkie talkies; radio machines and apparatus, namely, radio pagers, radio receivers and transmitters; remote control telemetering machines and instruments; audio frequency devices and apparatus, namely audio-frequency transformers; electronic publications; audio frequency devices and apparatus; cameras (photography); video frequency devices and apparatus, namely, video cameras, camcorders, videodisc players, videodisc recorders, digital video players, digital video recorders, digital video disc players, and digital video disc recorders; parts and accessories for telecommunication machines and apparatus, namely, electric capacitors, electric resistors, electrical transformers; computers and their peripherals; electrostatic copying machines; electronic desk calculators; downloadable electronic dictionaries; word processors; electronic calorie consumption measuring apparatus; electron tubes; electronic measuring apparatus for exercise intensity; semi-conductor elements, namely, semi-conductor memories and memory units; terminals for televisions; electronic circuits; electric chargers; photographic apparatus and instruments in the nature of photographic cameras and accessories therefor; photographic apparatus and instruments; apparatus for editing cinematographic film; optical machines and apparatus, namely, optical code readers; spectacles; 3D spectacles; satellite receiving apparatus; being satellite receivers; downloadable electronic publications in the nature of ebooks in the fields of math, science, medical, music, art, literature, culture and cooking; hard disk players and recorders; cameras for photography; digital photo frames; dry cells; rechargeable batteries; electrical adapters; parts for audio speakers; bathroom scales; pedometers; electric calorie consumption measuring apparatus, namely, wearable computers in the nature of smartwatches for tracking calorie intake; electronic measuring apparatus for exercise intensity, namely, wearable activity tracker; electrical terminal blocks for televisions; slip mats for turntable for record players; chargers for electric batteries; flash lamps for cameras; digital still cameras; apparatus for reproduction of sound; radio receivers; audio cassette players and recorders; optical disk players and recorders; optical disc drives and their parts; lens cleaning disk for optical disk players; hard disk media players and hard disk recorders; CD players; portable audio players; LCD screen displays; MP3 players; audio speakers; parts for audio speakers, namely, subwoofers; video tuners; stereo tuners; audio amplifiers; audio power amplifiers; microphones; non-slip mats specially adapted for turntables being record players; digital voice recorders; digital sound processors; headphones; earphones; stereo components; playing devices for home theater systems; , namely, amplifiers, cables, receivers, tuners; audio mixers; magnetic head cleaners; magnetic tape cleaners; machines and apparatus for the reproduction, recordal of sound and images; television receivers; plasma display panels; LCD large-screen displays; LCD display panels; antennas; video tuners being television tuners; LCD projectors; video tape recorders; video tape players; video cameras; camcorders; video surveillance cameras; DVD video recorders; DVD video players; audio speakers for home theater systems; playing devices for home theater systems, namely, DVD players; remote controllers for machines and apparatus for the reproduction, recordal of sound and images; video encoders; head cleaning tapes for video recorders; head cleaning tapes for audio cassette recorders; organic electro-luminescent (EL) displaysClass 009 for Electrical shutter openers in the nature of electric window openers; electrical communication machines and instruments, namely, telephones, intercoms, portable telephones, cell phones, televisions, portable radio communication machines, navigation apparatus for vehicles, portable audio players, DVD players, DVD recorders, optical disk players, optical disk recorders, media players, Set-top boxes, digital audio and video recorders and players, digital photo frames, videocameras, digital cameras, headphones, microphones for telecommunication apparatus, monitoring apparatus, other than for medical purposes, in the nature of wireless and wired controllers to monitor and control the functioning of other electronic devices, personal digital assistants in the shape of a watch, smartglasses, modems, smart rings; Home automation hubs using artificial intelligence comprised of voice-activated speakers, computer hardware and software for controlling networked devices in the internet of things (IoT), operating internet-enabled and connected lighting apparatus and home security alarms; electronic machines, apparatus and their parts, namely, computers, display units for computers, tablet computers and laptop computers; Computer programs for remotely monitoring environments and conditions and controlling devices within a building, facility and designated separate areas; Computer programs for remotely controlling lighting devices within a building, facilities and designated separate area; Computer programs for remotely monitoring and controlling electric appliances; Computer programs for displaying advertisements; computer programs for use in connecting and controlling internet of things (Iot) electronic devices; computer programs and software for image processing used for mobile phones; computer programs for accessing and using the internet; computer programs for enabling access or entrance control; computer operating programs; computer programs for the processing and analysis of pattern recognition data using artificial intelligence and natural language processing; computer programs for use as an application programming interface (API); software development kits (SDKs) consisting of computer software for the development, use, and interoperability of APIs that are used by electronic devices and systems; computer programs for providing personal concierge services for others via a mobile phone, computer, tablet, smart phone, handheld computer, and/or portable computer, namely, adding and accessing calendar appointments, alarms, timers, reminders and making restaurant, travel, and hotel reservations; computer programs for personal information management; computer programs for providing consumer assistants for searching, locating and providing directions for the purchase, consumption and use of a wide range of consumer products, services and information over a global communications network; power distribution or control machines and apparatus; electronic lock assemblies; electric wires and cables; fire alarms; gas leak alarms; anti-theft warning apparatus; measuring or, testing machines and instruments, namely, balances, scales, gas sensors, thermostats, gyrocompasses, position sensors, acoustic meters, anemometers, noisemeters, optical sensors, photometers, motion sensors, pressure sensors, thermometers, vibration meters, Sunshine recorders, pedometers, barometers, water level gauges, water temperature gauges, water meters, temperature sensors, dust measuring apparatus, thermo-hygrometers, illuminometers, smoke alarm testers, calorimeters, Infrared sensors, length measuring gauges; solar batteries; batteries; rotary converters; phase shifters for communications apparatus.; telephone apparatus; wire-based communication machines and apparatus;, namely, telephone apparatus and receivers; open-wire transmission machines and apparatus for telecommunication; broadcasting machines and apparatus namely, cable broadcasting machines and apparatus; radio communication machines and apparatus, namely, walkie talkies; radio machines and apparatus, namely, radio pagers, radio receivers and transmitters; remote control telemetering machines and instruments; audio frequency devices and apparatus, namely audio-frequency transformers; audio frequency devices and apparatus; video frequency devices and apparatus, namely, video cameras, camcorders, videodisc players, videodisc recorders, digital video players, digital video recorders, digital video disc players, and digital video disc recorders; parts and accessories for telecommunication machines and apparatus, namely, electric capacitors, electric resistors, electrical transformers; computers and their peripherals; electrostatic copying machines; electronic desk calculators; downloadable electronic dictionaries; word processors; electron tubes; semi-conductor elements, namely, semi-conductor memories and memory units; electronic circuits; photographic apparatus and instruments in the nature of photographic cameras and accessories therefor; photographic apparatus and instruments; apparatus for editing cinematographic film; optical machines and apparatus, namely, optical code readers; spectacles; 3D spectacles; satellite receiving apparatus; being satellite receivers; downloadable electronic publications in the nature of ebooks in the fields of math, science, medical, music, art, literature, culture and cooking; cameras for photography; digital photo frames; dry cells; rechargeable batteries; electrical adapters; bathroom scales; pedometers; electric calorie consumption measuring apparatus, namely, wearable computers in the nature of smartwatches for tracking calorie intake; electronic measuring apparatus for exercise intensity, namely, wearable activity tracker; electrical terminal blocks for televisions; chargers for electric batteries; flash lamps for cameras; digital still cameras; apparatus for reproduction of sound; radio receivers; audio cassette players and recorders; optical disk players and recorders; optical disc drives and their parts; lens cleaning disk for optical disk players; hard disk media players and hard disk recorders; CD players; portable audio players; MP3 players; audio speakers; parts for audio speakers, namely, subwoofers; stereo tuners; audio amplifiers; audio power amplifiers; microphones; non-slip mats specially adapted for turntables being record players; digital voice recorders; digital sound processors; headphones; earphones; stereo components;, namely, amplifiers, cables, receivers, tuners; audio mixers; magnetic head cleaners; magnetic tape cleaners; machines and apparatus for the reproduction, recordal of sound and images; television receivers; plasma display panels; LCD large-screen displays; LCD display panels; antennas; video tuners being television tuners; LCD projectors; video tape recorders; video tape players; video cameras; camcorders; video surveillance cameras; DVD video recorders; DVD video players; audio speakers for home theater systems; playing devices for home theater systems, namely, DVD players; remote controllers for machines and apparatus for the reproduction, recordal of sound and images; video encoders; head cleaning tapes for video recorders; head cleaning tapes for audio cassette recorders; organic electro-luminescent (EL) displays
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.

Filing Basis: Section 44(d), Priority based on foreign filing: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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority based upon a foreign application. 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, 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, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on [ Japan application number 2018-100753 filed 08/07/2018]. 15 U.S.C.Section 1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 011 for Water closets; prefabricated bathrooms sold as a unit; electric lamps and other lighting apparatus; household electrothermic appliances; air conditioners; toilet stool units with a washing water squirter; microwave ovens for industrial purposes; boilers, other than parts of non-electric prime movers or engines; electric water heaters; air conditioning apparatus; freezing machines and apparatus; cooking apparatus and installations for industrial purposes; dish drying machines for industrial purposes; dish disinfectant apparatus for industrial purposes; clothes dryers; humidifiers; air purifiers; air driers; electric fans; water ionizers; electrically heated carpets; electric cooking pots for household purposes; electrical rice cookers; electric apparatus for making coffee; electric cooking stoves for household purposes; electric stoves; electric foot warmers; electric toasters for household purposes; electric therm pots; electric blankets; electric refrigerators; electric freezers; ice machines for household purposes; electric ovens; microwave ovens; induction heating cookers; futon driers for household purposes; sterilizers for household purposes; hot plates; electric space cooling apparatus for household purposes; facial equipment using ultrasonic waves for household purposes; hair dryers for industrial purposes; hair dryers for household purposes; household tap-water filters; apparatus for filtering drinking water; bread making machines for household purposes; electric kettle; electric autoclaves for household purposes; electric roasters for household purposes; electric deep fryers for household purposes; electric cookers for household purposes; electric cooking pots for household purposes; ventilating fans for household purposes; electric facial equipment for household purposes; electric facial steamers for household purposes; electric incense burners for household purposes; kitchen worktops with integrated sinks for household purposes; ventilation apparatus; air-conditioning installations; air blowing installations; electric deodorizers for household purposes; floor heating apparatus; dish drying machines; ionization apparatus for the treatment of air; garment steamers; electric sandwich makers; cartridges for water purifying apparatus for household 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.

Filing Basis: Section 44(d), Priority based on foreign filing: 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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority based upon a foreign application. For a certification 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, 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, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on[ Japan application number 2018-100753 filed 08/07/2018]. 15 U.S.C.Section 1126(d), as amended.

Proposed:
Tracked Text Description: Water closets; prefabricated bathrooms sold as a unit; prefabricated bathroom enclosures featuring shower and bath cubicles, shower panels, shower mixing valves and faucet extensions all sold as a unit; electric lamps and other lighting apparatus; electric lamps and other lighting apparatus, namely, lighting installations; household electrothermic appliances; household electrothermic appliances, namely, electric laundry dryers, electric humidifiers, electric air purifiers, electric dehumidifiers, electric fans, electric water ionizers, electric hot plates, electric radiant heaters, electric toasters, electric cooking ovens, and microwave ovens, all of the foregoing for household purposes; air conditioners; toilet stool units with a washing water squirter; microwave ovens for industrial purposes; boilers, other than parts of non-electric prime movers or engines; boilers, other than parts of non-electric prime movers or engines, namely, heating boilers; electric water heaters; air conditioning apparatus; freezing machines and apparatus; freezing machines and apparatus, namely, freezers; cooking apparatus and installations for industrial purposes; cooking apparatus and installations for industrial purposes, namely, cooktops; dish drying machines for industrial purposes; , namely, electric dish dryers; dish disinfectant apparatus for industrial purposes; clothes dryers; humidifiers; air driers; air purifiers; electric air driers; electric fans; water ionizers; electrically heated carpets; electric cooking pots for household purposes; electrical rice cookers; electric apparatus for making coffee; electric cooking stoves for household purposes; electric foot warmers; electric stoves; electric foot warmers, namely, electric foot muffs; electric therm pots; electric toasters for household purposes; electric thermo pots; electric blankets; for household purposes; electric refrigerators; electric ovens; electric freezers; ice machines for household purposes; induction heating cookers; electric cooking ovens; microwave ovens; induction heating cookers, namely, induction ovens; futon driers for household purposes; sterilizers for household purposes; facial equipment using ultrasonic waves for household purposes; hot plates; electric space cooling apparatus for household purposes; facial equipment using ultrasonic waves for household purposes, namely, hand-held ultrasonic nebulizers for cosmetic lotions for the face; hand-held electric facial pore cleaning instruments; hair dryers for industrial purposes; hair dryers for household purposes; household tap-water filters; electric autoclaves for household purposes; apparatus for filtering drinking water; bread making machines for household purposes; electric kettle; electric cookers for household purposes; electric autoclaves for household cooking purposes; electric roasters for household purposes; electric deep fryers for household purposes; electric facial equipment for household purposes; electric slow cookers for household purposes; electric cooking pots for household purposes; ventilating fans for household purposes; kitchen worktops with integrated sinks for household purposes; electric facial equipment for household purposes, namely, steam facial apparatus; ventilation apparatus; electric facial steamers for household purposes; electric incense burners for household purposes; air blowing installations; sinks integrated into kitchen worktops for household purposes; electric deodorizers for household purposes; ventilation apparatus, namely, turbine ventilators and ventilating fans for commercial and industrial use; air-conditioning installations; dish drying machines; air blowing installations in the nature of air conditioners; electric air deodorizers for household purposes; floor heating apparatus; dish drying machines in the nature of electric dish dryers; cartridges for water purifying apparatus for household purposes; ionization apparatus for the treatment of air; garment steamers; electric sandwich makers; cartridges for water purifying apparatus for household purposes, namely, membrane filter cartridgesClass 011 for Water closets; prefabricated bathroom enclosures featuring shower and bath cubicles, shower panels, shower mixing valves and faucet extensions all sold as a unit; electric lamps and other lighting apparatus, namely, lighting installations; household electrothermic appliances, namely, electric laundry dryers, electric humidifiers, electric air purifiers, electric dehumidifiers, electric fans, electric water ionizers, electric hot plates, electric radiant heaters, electric toasters, electric cooking ovens, and microwave ovens, all of the foregoing for household purposes; air conditioners; toilet stool units with a washing water squirter; microwave ovens for industrial purposes; boilers, other than parts of non-electric prime movers or engines, namely, heating boilers; electric water heaters; air conditioning apparatus; freezing machines and apparatus, namely, freezers; cooking apparatus and installations for industrial purposes, namely, cooktops; dish drying machines for industrial purposes;, namely, electric dish dryers; dish disinfectant apparatus for industrial purposes; clothes dryers; humidifiers; air purifiers; electric air driers; electric fans; water ionizers; electrically heated carpets; electric cooking pots for household purposes; electrical rice cookers; electric apparatus for making coffee; electric cooking stoves for household purposes; electric stoves; electric foot warmers, namely, electric foot muffs; electric toasters for household purposes; electric thermo pots; electric blankets; for household purposes; electric refrigerators; electric freezers; ice machines for household purposes; electric cooking ovens; microwave ovens; induction heating cookers, namely, induction ovens; futon driers for household purposes; sterilizers for household purposes; hot plates; electric space cooling apparatus for household purposes; facial equipment using ultrasonic waves for household purposes, namely, hand-held ultrasonic nebulizers for cosmetic lotions for the face; hand-held electric facial pore cleaning instruments; hair dryers for industrial purposes; hair dryers for household purposes; household tap-water filters; apparatus for filtering drinking water; bread making machines for household purposes; electric kettle; electric autoclaves for household cooking purposes; electric roasters for household purposes; electric deep fryers for household purposes; electric slow cookers for household purposes; electric cooking pots for household purposes; ventilating fans for household purposes; electric facial equipment for household purposes, namely, steam facial apparatus; electric facial steamers for household purposes; electric incense burners for household purposes; sinks integrated into kitchen worktops for household purposes; ventilation apparatus, namely, turbine ventilators and ventilating fans for commercial and industrial use; air-conditioning installations; air blowing installations in the nature of air conditioners; electric air deodorizers for household purposes; floor heating apparatus; dish drying machines in the nature of electric dish dryers; ionization apparatus for the treatment of air; garment steamers; electric sandwich makers; cartridges for water purifying apparatus for household purposes, namely, membrane filter cartridges
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.

Filing Basis: Section 44(d), Priority based on foreign filing: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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority based upon a foreign application. 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, 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, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on [ Japan application number 2018-100753 filed 08/07/2018]. 15 U.S.C.Section 1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 035 for Advertising and publicity services; online advertising on a computer network; presentation of goods on communication media, for retail purposes; rental of advertising space; commercial information and advice for consumers (consumer advice shop); marketing research or analysis; provision of information concerning commercial sales; commercial intermediation services; compilation of information into computer databases; retail services or wholesale services for bicycles; retail services or wholesale services for electrical machinery and apparatus; retail services or wholesale services for kitchen equipment, cleaning tools and washing utensils; retail services or wholesale services for cosmetics, toiletries, dentifrices, soaps and detergents; retail services or wholesale services for paper and stationery; retail services or wholesale services for sports goods; retail services or wholesale services for photographic machines and apparatus and photographic supplies; retail services or wholesale services for woven fabrics and bedding; retail services or wholesale services for food and beverages; retail services or wholesale services for processed food; retail services or wholesale services for musical instruments and records; retail services or wholesale services for clocks, watches and spectacles, eyeglasses and goggles; retail services or wholesale services for building materials; business consultancy and business information services provided in relation to electric consumption; management of buildings; agency services for the leasing or rental of buildings; rental of buildings; purchase and sale of buildings; agency services for the purchase or sale of buildings; real estate appraisal; providing real estate information; land management; agency services for the leasing or rental of land; leasing of land; purchase and sale of land; agency services for the purchase or sales of land
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.

Filing Basis: Section 44(d), Priority based on foreign filing: 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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority based upon a foreign application. For a certification 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, 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, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on[ Japan application number 2018-100753 filed 08/07/2018]. 15 U.S.C.Section 1126(d), as amended.

Proposed:
Tracked Text Description: Advertising and publicity services; online advertising on a computer network; presentation of goods on communication media, for retail purposes; presentation of goods on communication media, for retail purposes, arranging commercial transactions, for others, via online shops; presentation of goods of others for retail purposes via the Internet, namely, retail store services featuring a wide variety of consumer goods of others; commercial information and advice for consumers (consumer advice shop); providing television home shopping services in the field of general consumer merchandise; rental of advertising space; commercial information and advice for consumers in the choice of products and services; commercial intermediation services; marketing research or analysis; provision of information concerning commercial sales; retail services or wholesale services for bicycles; commercial intermediary services for the sale and purchase of goods and services, namely, facilitating transactions between buyers and sellers through providing buyers with information about sellers, goods and services; retail services or wholesale services for electrical machinery and apparatus; compilation of information into computer databases; retail services or wholesale services for kitchen equipment, cleaning tools and washing utensils; Retail or wholesale sale of bicycles, electrical machinery and apparatus, kitchen equipment, cleaning tools and washing utensils, cosmetics, toiletries, dentifrices, soaps and detergents, paper and stationery, sports goods, photographic machines and apparatus and photographic supplies, woven fabrics and bedding, food and beverages, processed food, musical instruments and records, clocks and watches, spectacles, eyeglasses, and goggles, building materials; retail services or wholesale services for cosmetics, toiletries, dentifrices, soaps and detergents; business consultancy and business information services provided for the electric energy industry in relation to electric consumption; retail services or wholesale services for paper and stationery; management of buildings; retail services or wholesale services for sports goods; agency services for the leasing or rental of buildings; retail services or wholesale services for photographic machines and apparatus and photographic supplies; rental of buildings; retail services or wholesale services for woven fabrics and bedding; purchase and sale of buildings; retail services or wholesale services for food and beverages; agency services for the purchase or sale of buildings; retail services or wholesale services for processed food; real estate appraisal; retail services or wholesale services for musical instruments and records; providing real estate information; retail services or wholesale services for clocks, watches and spectacles, eyeglasses and goggles; land management; retail services or wholesale services for building materials; agency services for the leasing or rental of land; business consultancy and business information services provided in relation to electric consumption; leasing of land; purchase and sale of land; agency services for the purchase or sales of landClass 035 for Advertising and publicity services; online advertising on a computer network; presentation of goods on communication media, for retail purposes, arranging commercial transactions, for others, via online shops; presentation of goods of others for retail purposes via the Internet, namely, retail store services featuring a wide variety of consumer goods of others; providing television home shopping services in the field of general consumer merchandise; rental of advertising space; commercial information and advice for consumers in the choice of products and services; marketing research or analysis; provision of information concerning commercial sales; commercial intermediary services for the sale and purchase of goods and services, namely, facilitating transactions between buyers and sellers through providing buyers with information about sellers, goods and services; compilation of information into computer databases; Retail or wholesale sale of bicycles, electrical machinery and apparatus, kitchen equipment, cleaning tools and washing utensils, cosmetics, toiletries, dentifrices, soaps and detergents, paper and stationery, sports goods, photographic machines and apparatus and photographic supplies, woven fabrics and bedding, food and beverages, processed food, musical instruments and records, clocks and watches, spectacles, eyeglasses, and goggles, building materials; business consultancy and business information services provided for the electric energy industry in relation to electric consumption; management of buildings; agency services for the leasing or rental of buildings; rental of buildings; purchase and sale of buildings; agency services for the purchase or sale of buildings; real estate appraisal; providing real estate information; land management; agency services for the leasing or rental of land; leasing of land; purchase and sale of land; agency services for the purchase or sales of land
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.

Filing Basis: Section 44(d), Priority based on foreign filing: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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority based upon a foreign application. 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, 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, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on [ Japan application number 2018-100753 filed 08/07/2018]. 15 U.S.C.Section 1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 036 for management of buildings; agency services for the leasing or rental of buildings; rental of buildings; purchase and sale of buildings; agency services for the purchase or sale of buildings; real estate appraisal; providing real estate information; land management; agency services for the leasing or rental of land; leasing of land; purchase and sale of land; agency services for the purchase or sales of land
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.

Filing Basis: Section 44(d), Priority based on foreign filing: 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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority based upon a foreign application. For a certification 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, 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, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on[ Japan application number 2018-100753 filed 08/07/2018]. 15 U.S.C.Section 1126(d), as amended.

Proposed:
Tracked Text Description: management of buildings; agency services for the leasing or rental of buildings; real estate agency services for the leasing or rental of buildings; rental of buildings; rental of buildings for permanent occupancy; purchase and sale of buildings; real estate agency services for the purchase and sale of buildings; agency services for the purchase or sale of buildings; real estate appraisal; providing real estate information; land management, namely, real estate management of commercial properties and office buildings, rental properties, and vacation homes; land management; real estate agency services for the leasing or rental of land; agency services for the leasing or rental of land; leasing of land; real estate agency services for the purchase and sale of land; purchase and sale of land; agency services for the purchase or sales of landClass 036 for management of buildings; real estate agency services for the leasing or rental of buildings; rental of buildings for permanent occupancy; real estate agency services for the purchase and sale of buildings; real estate appraisal; providing real estate information; land management, namely, real estate management of commercial properties and office buildings, rental properties, and vacation homes; real estate agency services for the leasing or rental of land; leasing of land; real estate agency services for the purchase and sale of land
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.

Filing Basis: Section 44(d), Priority based on foreign filing: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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority based upon a foreign application. 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, 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, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on [ Japan application number 2018-100753 filed 08/07/2018]. 15 U.S.C.Section 1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 042 for Design, programming and maintenance of computer software; providing computer programs on data networks; rental of computers; cloud computing services; rental of web servers; architectural design services; surveying services; designing, other than for advertising purposes; consultancy in the field of energy-saving; consultancy relating to design, programming and maintenance of computer software; computer software design; creating and maintaining web sites for others; hosting computer sites; maintenance of computer software; monitoring of computer systems by remote access; rental of computer software; consultancy in connection with design and development of hardware and software for connection to, management of, operating and using computer networks; SAAS services featuring online application software; providing web hosting platform; technical support relating to the design, programming and maintenance of software; technical support relating to the design, programming and maintenance of computer network systems; design, programming and maintenance of programs for electronic calculators; designing of machines, apparatus, instruments (including their parts) or systems composed of such machines, apparatus and instruments; design and development of computer hardware; testing or research on machines, apparatus and instruments; design and development of computer hardware; research on building construction or city planning; testing or research on prevention of pollution; testing or research on electricity; testing or research on civil engineering; testing or research on machines, apparatus and instruments
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.

Filing Basis: Section 44(d), Priority based on foreign filing: 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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority based upon a foreign application. For a certification 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, 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, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on[ Japan application number 2018-100753 filed 08/07/2018]. 15 U.S.C.Section 1126(d), as amended.

Proposed:
Tracked Text Description: Design, programming and maintenance of computer software; providing computer programs on data networks; providing computer programs on data networks, namely, providing temporary use of online non-downloadable software for remotely monitoring environment and condition and controlling devices within a building, facility and designated separate areas; providing computer programs on data networks, namely, providing temporary use of online non-downloadable software for remotely controlling lighting devices within a building, facilities and designated separate areas; cloud computing services; providing computer programs on data networks, namely, providing temporary use of online non-downloadable software for the purpose of remotely monitoring and controlling electric appliances; providing computer programs on data networks, namely, providing temporary use of online non-downloadable software for displaying advertisements; providing computer programs on data networks, namely, providing temporary use of online non-downloadable software for the operation of electric appliances; surveying services; providing computer programs on data networks, namely, providing temporary use of online non-downloadable software for use to connect and control internet of things (Iot) electronic devices; designing, other than for advertising purposes; providing computer programs on data networks, namely, providing temporary use of online non-downloadable software for image processing used for mobile phones; consultancy in the field of energy-saving; providing computer programs on data networks, namely, providing temporary use of online non-downloadable software for accessing and using the internet; providing computer programs on data networks, namely, providing temporary use of online non-downloadable software for enabling access or entrance control; providing computer programs on data networks, namely, providing temporary use of online non-downloadable software for the processing and analysis of pattern recognition data using artificial intelligence and natural language processing; Providing computer programs on data networks, namely, providing temporary use of online non-downloadable software for providing personal concierge services for others via a mobile phone, computer, tablet, smart phone, handheld computer, portable computer, namely, adding and accessing calendar appointments, alarms, timers, reminders and making restaurant, travel, and hotel reservations; hosting computer sites; providing computer programs on data networks, namely, providing temporary use of online non-downloadable software for personal information management; providing computer programs on data networks, namely, providing temporary use of online non-downloadable software for providing consumer assistants for searching, locating and providing directions for the purchase, consumption and use of a wide range of consumer products, services and information over a global communications network; monitoring of computer systems by remote access; rental of computers; cloud computing, namely, providing virtual computer systems and virtual computer environments through cloud computing; consultancy in connection with design and development of hardware and software for connection to, management of, operating and using computer networks; Application service provider featuring application programming interface (API) software with the function of integration of video content onto websites, monitoring, automating and scheduling of smart devices and access to a cloud services solution, home and environmental monitoring, control, and automation; SAAS services featuring online application software; Application service provider featuring software development kits (SDKs) consisting of computer software for the development, use, and interoperability of APIs that are used by electronic devices, systems; providing web hosting platform; rental of web servers; technical support relating to the design, programming and maintenance of software; architectural design services; technical support relating to the design, programming and maintenance of computer network systems; land surveying services; design, programming and maintenance of programs for electronic calculators; designing and creating websites for others; designing of machines, apparatus, instruments (including their parts) or systems composed of such machines, apparatus and instruments; consultancy in the field of energy measurement to improve energy efficiency; consultancy relating to design, programming and maintenance of computer software; computer software design; creating and maintaining web sites for others; hosting the websites of others on a computer server for a global computer network; maintenance of computer software; monitoring of computer systems by remote access to ensure proper functioning; rental of computer software; testing or research on machines, apparatus and instruments; consultancy in the field of design and development of hardware and software for connection to, management of, operating and using computer networks; software as a service (SAAS) services featuring online application software for use in database management; providing a web hosting platform for electronic commerce; technical support relating to the design, programming and maintenance of software, namely, troubleshooting of computer software problems; technical support relating to the design, programming and maintenance of software, namely, 24/7 monitoring of network systems and notification of related events and alerts; design, programming and maintenance of computer programs for electronic calculators; designing of machines, apparatus, instruments or systems composed of such machines, apparatus and instruments; design and development of computer hardware; testing or research on machines, apparatus and instruments; design and development of computer hardware; research on building construction or city planning; testing or research on prevention of pollution; testing or research on electricity; testing or research on civil engineering; testing the functionality of machines and research on machinesClass 042 for Design, programming and maintenance of computer software; providing computer programs on data networks, namely, providing temporary use of online non-downloadable software for remotely monitoring environment and condition and controlling devices within a building, facility and designated separate areas; providing computer programs on data networks, namely, providing temporary use of online non-downloadable software for remotely controlling lighting devices within a building, facilities and designated separate areas; providing computer programs on data networks, namely, providing temporary use of online non-downloadable software for the purpose of remotely monitoring and controlling electric appliances; providing computer programs on data networks, namely, providing temporary use of online non-downloadable software for displaying advertisements; providing computer programs on data networks, namely, providing temporary use of online non-downloadable software for the operation of electric appliances; providing computer programs on data networks, namely, providing temporary use of online non-downloadable software for use to connect and control internet of things (Iot) electronic devices; providing computer programs on data networks, namely, providing temporary use of online non-downloadable software for image processing used for mobile phones; providing computer programs on data networks, namely, providing temporary use of online non-downloadable software for accessing and using the internet; providing computer programs on data networks, namely, providing temporary use of online non-downloadable software for enabling access or entrance control; providing computer programs on data networks, namely, providing temporary use of online non-downloadable software for the processing and analysis of pattern recognition data using artificial intelligence and natural language processing; Providing computer programs on data networks, namely, providing temporary use of online non-downloadable software for providing personal concierge services for others via a mobile phone, computer, tablet, smart phone, handheld computer, portable computer, namely, adding and accessing calendar appointments, alarms, timers, reminders and making restaurant, travel, and hotel reservations; providing computer programs on data networks, namely, providing temporary use of online non-downloadable software for personal information management; providing computer programs on data networks, namely, providing temporary use of online non-downloadable software for providing consumer assistants for searching, locating and providing directions for the purchase, consumption and use of a wide range of consumer products, services and information over a global communications network; rental of computers; cloud computing, namely, providing virtual computer systems and virtual computer environments through cloud computing; Application service provider featuring application programming interface (API) software with the function of integration of video content onto websites, monitoring, automating and scheduling of smart devices and access to a cloud services solution, home and environmental monitoring, control, and automation; Application service provider featuring software development kits (SDKs) consisting of computer software for the development, use, and interoperability of APIs that are used by electronic devices, systems; rental of web servers; architectural design services; land surveying services; designing and creating websites for others; consultancy in the field of energy measurement to improve energy efficiency; consultancy relating to design, programming and maintenance of computer software; computer software design; creating and maintaining web sites for others; hosting the websites of others on a computer server for a global computer network; maintenance of computer software; monitoring of computer systems by remote access to ensure proper functioning; rental of computer software; consultancy in the field of design and development of hardware and software for connection to, management of, operating and using computer networks; software as a service (SAAS) services featuring online application software for use in database management; providing a web hosting platform for electronic commerce; technical support relating to the design, programming and maintenance of software, namely, troubleshooting of computer software problems; technical support relating to the design, programming and maintenance of software, namely, 24/7 monitoring of network systems and notification of related events and alerts; design, programming and maintenance of computer programs for electronic calculators; designing of machines, apparatus, instruments or systems composed of such machines, apparatus and instruments; design and development of computer hardware; testing or research on machines, apparatus and instruments; design and development of computer hardware; research on building construction or city planning; testing or research on prevention of pollution; testing or research on electricity; testing or research on civil engineering; testing the functionality of machines and research on machines
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.

Filing Basis: Section 44(d), Priority based on foreign filing: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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority based upon a foreign application. 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, 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, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on [ Japan application number 2018-100753 filed 08/07/2018]. 15 U.S.C.Section 1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.

The applicant's current attorney information: Julia Anne Matheson. Julia Anne Matheson of HOGAN LOVELLS US LLP, is located at

      555 13TH STREET NW
      WASHINGTON, District of Columbia 20004
      US
The docket/reference number is 1P3518.tba.

The phone number is 202-637-5600.

The fax number is 202-637-5910.

The email address is DCPTOTrademarkMail@hoganlovells.com

The applicants proposed attorney information: Julia Anne Matheson. Other appointed attorneys are Anna Kurian Shaw, Celine J. Crowson, Lauren C. Chamblee, Katherine Bastian, Lauren B. Cury, Brendan Quinn. Julia Anne Matheson of HOGAN LOVELLS US LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      555 13TH STREET NW
      WASHINGTON, District of Columbia 20004
      United States
The docket/reference number is 1P3518.tba.

The phone number is 202-637-5600.

The fax number is 202-637-5910.

The email address is DCPTOTrademarkMail@hoganlovells.com

Julia Anne Matheson 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: JULIA ANNE MATHESON. JULIA ANNE MATHESON of HOGAN LOVELLS US LLP, is located at

      555 13TH STREET NW
      WASHINGTON, District of Columbia 20004
      US
The docket/reference number is 1P3518.tba.

The phone number is 202-637-5600.

The fax number is 202-637-5910.

The email address is DCPTOTrademarkMail@hoganlovells.com; HLDCTMGroup@hoganlovells.com; dctmfiling@hoganlovells.com; michael.bowman@hoganlovells.com

The applicants proposed correspondence information: Julia Anne Matheson. Julia Anne Matheson of HOGAN LOVELLS US LLP, is located at

      555 13TH STREET NW
      WASHINGTON, District of Columbia 20004
      United States
The docket/reference number is 1P3518.tba.

The phone number is 202-637-5600.

The fax number is 202-637-5910.

The email address is DCPTOTrademarkMail@hoganlovells.com; julia.matheson@hoganlovells.com; HLDCTMGroup@hoganlovells.com; dctmfiling@hoganlovells.com

SIGNATURE(S)
Response Signature
Signature: /Julia Anne Matheson/     Date: 10/08/2019
Signatory's Name: Julia Anne Matheson
Signatory's Position: Attorney of Record, DC Bar Member

Signatory's Phone Number: 202-637-5600

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:    JULIA ANNE MATHESON
   HOGAN LOVELLS US LLP
   
   555 13TH STREET NW
   WASHINGTON, District of Columbia 20004
Mailing Address:    Julia Anne Matheson
   HOGAN LOVELLS US LLP
   555 13TH STREET NW
   WASHINGTON, District of Columbia 20004
        
Serial Number: 88281362
Internet Transmission Date: Tue Oct 08 11:19:53 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XXX-201910081119538
59837-88281362-610dd676ba678beb582242f35
9d25d552c2c77b176c2d4e25eaa969c1f255acf-
N/A-N/A-20191008105539543998