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. 88284649 3+ (Stylized and/or with Design, see http://uspto.report/TM/88284649/mark.png) has been amended as follows:

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

Applicant's substantive arguments are submitted as a .pdf file in the "Evidence" section.

EVIDENCE
Evidence in the nature of Applicant's substantive response. has been attached.
Original PDF file:
evi_73139139-20200127122031777395_._ROA2_88284649v2.pdf
Converted PDF file(s) ( 2 pages)
Evidence-1
Evidence-2

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 009 for Smart watch comprised of a wristwatch also featuring a silent wake alarm, telephone, software and display screens for viewing, sending and receiving texts, emails data and information; wearable multifunctional smartphone compatible personal electronic device, not for medical use, comprised of software and display screens in the form of bracelets and arm bands, for measuring and displaying data relating to the wearer, namely, distances traveled, number of steps taken, metabolic rate, calories burned, and number of hours slept, for receiving and sending text message and phone calls, for notification of text message, calendar appointments, for transmitting tracked activity data and documents; for manipulating text and image files, activity tracking device
Original Filing Basis:
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant.

Proposed:
Tracked Text Description: Smart watch comprised of a wristwatch also featuring a silent wake alarm, telephone, software and display screens for viewing, sending and receiving texts, emails data and information; wearable multifunctional smartphone compatible personal electronic device, not for medical use, comprised of software and display screens in the form of bracelets and arm bands, for measuring and displaying data relating to the wearer, namely, distances traveled, number of steps taken, metabolic rate, calories burned, and number of hours slept, for receiving and sending text message and phone calls, for notification of text message, calendar appointments, for transmitting tracked activity data and documents; wearable activity trackers, not for medical use, comprised of software and display screens in the form of bracelets and arm bands, for measuring and displaying data relating to the wearer, namely, distances traveled, number of steps taken, metabolic rate, calories burned, and number of hours slept, for receiving and sending text message and phone calls, for notification of text message, calendar appointments, for transmitting tracked activity data and documents, and for manipulating text and image files, activity tracking device; for manipulating text and image files, activity tracking deviceClass 009 for Smart watch comprised of a wristwatch also featuring a silent wake alarm, telephone, software and display screens for viewing, sending and receiving texts, emails data and information; wearable activity trackers, not for medical use, comprised of software and display screens in the form of bracelets and arm bands, for measuring and displaying data relating to the wearer, namely, distances traveled, number of steps taken, metabolic rate, calories burned, and number of hours slept, for receiving and sending text message and phone calls, for notification of text message, calendar appointments, for transmitting tracked activity data and documents, and for manipulating text and image files, activity tracking device
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant.

SIGNATURE(S)
Response Signature
Signature: /g mathew lombard/     Date: 01/27/2020
Signatory's Name: G. Mathew Lombard
Signatory's Position: Attorney for Applicant, NYS Bar Member

Signatory's Phone Number: 917-779-9967

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.

        
Serial Number: 88284649
Internet Transmission Date: Mon Jan 27 12:25:09 EST 2020
TEAS Stamp: USPTO/ROA-XX.XXX.X.XX-202001271225095751
18-88284649-700bb81c0e941739f65656dec81e
154797c68e3269bb7244e43896d7d3fcb555c0-N
/A-N/A-20200127122031777395