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. 88284899 SENSEPASS(Standard Characters, see http://uspto.report/TM/88284899/mark.png) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 009 for Data processing apparatus; computer hardware; Apparatus for image recognition and processing; apparatus for face detection and tracking; apparatus for face identification and orientation; apparatus for face attributes detection; apparatus for gesture recognition and analysis; apparatus for body orientation; apparatus for body's motion detection; smartglasses; smartwatches; software for image recognition and processing; software for face detection and tracking; software for face identification and orientation; software for face attributes detection; software for gesture recognition and analysis; software for body orientation; software for body's motion detection; humanoid robots with artificial intelligence; computer game software, recorded; downloadable gesture recognition software; computer software platforms for image recognition and processing; computer software platforms for face detection and tracking; computer software platforms for face identification and orientation; computer software platforms for face attributes detection; computer software platforms for gesture recognition and analysis; computer software platforms for body orientation; computer software platforms for body's motion detection; wearable computers in the nature of smartwatches; wearable computers in the nature of smartglasses; interactive touch screen terminals; time recording apparatus; automatic ticket dispensers; face recognition device, namely, cameras, video cameras and computer hardware used for facial scanning and recognition; attendance machine, namely, electronic readers and controllers for controlling access to a premises; wearable activity trackers; apparatus for transmission of communication; smartphones; monitoring devices for security of buildings and facilities; virtual reality headsets; electronic advertising display; camcorders; selfie lenses for mobile phones; selfie lenses for cameras; cameras photography; teaching robots; electronic chip cards for computers; electronic chip cards for mobile phones; video screens; anti-theft alarms for vehicles; anti-theft alarms for buildings
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: Data processing apparatus; computer hardware; Apparatus for image recognition and processing; apparatus for face detection and tracking; apparatus for face identification and orientation; apparatus for face attributes detection; apparatus for gesture recognition and analysis; apparatus for body orientation; apparatus for body's motion detection; smartglasses; smartwatches; software for image recognition and processing; downloadable software for image recognition and processing; software for face detection and tracking; downloadable software for face detection and tracking; software for face identification and orientation; downloadable software for face identification and orientation; software for face attributes detection; downloadable software for face attributes detection; software for gesture recognition and analysis; downloadable software for gesture recognition and analysis; software for body orientation; downloadable software for body orientation; software for body's motion detection; downloadable software for body's motion detection; humanoid robots with artificial intelligence; computer game software, recorded; downloadable gesture recognition software; computer software platforms for image recognition and processing; downloadable computer software platforms for image recognition and processing; computer software platforms for face detection and tracking; downloadable computer software platforms for face detection and tracking; computer software platforms for face identification and orientation; downloadable computer software platforms for face identification and orientation; computer software platforms for face attributes detection; downloadable computer software platforms for face attributes detection; computer software platforms for gesture recognition and analysis; downloadable computer software platforms for gesture recognition and analysis; computer software platforms for body orientation; downloadable computer software platforms for body orientation; computer software platforms for body's motion detection; downloadable computer software platforms for body's motion detection; wearable computers in the nature of smartwatches; wearable computers in the nature of smartglasses; interactive touch screen terminals; time recording apparatus; automatic ticket dispensers; electric ticket dispensers; face recognition device, namely, cameras, video cameras and computer hardware used for facial scanning and recognition; face recognition devices, namely, cameras, video cameras and computer hardware used for facial scanning and recognition; attendance machine, namely, electronic readers and controllers for controlling access to a premises; attendance tracking machine, namely, electronic card readers and electronic controllers for controlling access to a premises; wearable activity trackers; apparatus for transmission of communication; smartphones; monitoring devices for security of buildings and facilities; virtual reality headsets; electronic advertising display; electronic advertising displays; camcorders; selfie lenses for mobile phones; selfie camera lenses for mobile phones; selfie lenses for cameras; cameras photography; cameras for photography; teaching robots; electronic chip cards for computers; blank electronic chip cards for computers; electronic chip cards for mobile phones; blank electronic chip cards for mobile phones; video screens; anti-theft alarms for vehicles; anti-theft alarms for buildingsClass 009 for Data processing apparatus; computer hardware; Apparatus for image recognition and processing; apparatus for face detection and tracking; apparatus for face identification and orientation; apparatus for face attributes detection; apparatus for gesture recognition and analysis; apparatus for body orientation; apparatus for body's motion detection; smartglasses; smartwatches; downloadable software for image recognition and processing; downloadable software for face detection and tracking; downloadable software for face identification and orientation; downloadable software for face attributes detection; downloadable software for gesture recognition and analysis; downloadable software for body orientation; downloadable software for body's motion detection; humanoid robots with artificial intelligence; computer game software, recorded; downloadable gesture recognition software; downloadable computer software platforms for image recognition and processing; downloadable computer software platforms for face detection and tracking; downloadable computer software platforms for face identification and orientation; downloadable computer software platforms for face attributes detection; downloadable computer software platforms for gesture recognition and analysis; downloadable computer software platforms for body orientation; downloadable computer software platforms for body's motion detection; wearable computers in the nature of smartwatches; wearable computers in the nature of smartglasses; interactive touch screen terminals; time recording apparatus; electric ticket dispensers; face recognition devices, namely, cameras, video cameras and computer hardware used for facial scanning and recognition; attendance tracking machine, namely, electronic card readers and electronic controllers for controlling access to a premises; wearable activity trackers; apparatus for transmission of communication; smartphones; monitoring devices for security of buildings and facilities; virtual reality headsets; electronic advertising displays; camcorders; selfie camera lenses for mobile phones; selfie lenses for cameras; cameras for photography; teaching robots; blank electronic chip cards for computers; blank electronic chip cards for mobile phones; video screens; anti-theft alarms for buildings
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 037 for building construction supervision; construction consultancy; construction; installation, maintenance and repair of computer hardware; electric appliance installation and repair; machinery installation, maintenance and repair; installation and maintenance of medical equipment; motor vehicle maintenance and repair; vehicle breakdown repair services; burglar alarm installation and repair
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: Building construction supervision; construction consultancy; construction; installation, maintenance and repair of computer hardware; electric appliance installation and repair; machinery installation, maintenance and repair; installation and maintenance of medical equipment; motor vehicle maintenance and repair; vehicle breakdown repair services; burglar alarm installation and repair; cleaning of residential housesClass 037 for Building construction supervision; construction consultancy; installation, maintenance and repair of computer hardware; electric appliance installation and repair; machinery installation, maintenance and repair; installation and maintenance of medical equipment; motor vehicle maintenance and repair; vehicle breakdown repair services; burglar alarm installation and repair; cleaning of residential houses
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 042 for technical research for image recognition and processing; technical research for face detection and tracking; technical research for face identification and orientation; technical research for face attributes detection; technical research for gesture recognition and analysis; technical research for body orientation; technical research for body's motion detection; research and development of new products for others; computer software design; computer programming; updating of computer software; consultancy in the design and development of computer hardware; maintenance of computer software; computer system analysis; computer system design; conversion of data or documents from physical to electronic media; information technology consultancy; cloud computing for image recognition and processing; cloud computing for face detection and tracking; cloud computing for face identification and orientation; cloud computing for face attributes detection; cloud computing for gesture recognition and analysis; cloud computing for body orientation; cloud computing for body's motion detection; technical support services, namely, 24/7 monitoring of network systems, servers and web and database applications and notification of related events and alerts; software as a service SaaS for image recognition and processing; software as a service SaaS for face detection and tracking; software as a service SaaS for face identification and orientation; software as a service SaaS for face attributes detection; software as a service SaaS for gesture recognition and analysis; software as a service SaaS for body orientation; software as a service SaaS for body's motion detection; platform as a service PaaS for image recognition and processing; platform as a service PaaS for face detection and tracking; platform as a service PaaS for face identification and orientation; platform as a service PaaS for face attributes detection; platform as a service PaaS for gesture recognition and analysis; platform as a service PaaS for body orientation; platform as a service PaaS for body's motion detection; electronic data storage
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: Technical research for image recognition and processing; technical research for face detection and tracking; technical research for face identification and orientation; technical research for face attributes detection; technical research for gesture recognition and analysis; technical research for body orientation; technical research for body's motion detection; research and development of new products for others; computer software design; computer programming; updating of computer software; consultancy in the design and development of computer hardware; maintenance of computer software; computer system analysis; computer system design; conversion of data or documents from physical to electronic media; information technology consultancy; cloud computing for image recognition and processing; consulting services in the field of cloud computing for image recognition and processing; cloud computing for face detection and tracking; consulting services in the field of cloud computing for face detection and tracking; cloud computing for face identification and orientation; consulting services in the field of cloud computing for face identification and orientation; cloud computing for face attributes detection; consulting services in the field of cloud computing for face attributes detection; cloud computing for gesture recognition and analysis; consulting services in the field of cloud computing for gesture recognition and analysis; cloud computing for body orientation; consulting services in the field of cloud computing for body orientation; cloud computing for body's motion detection; consulting services in the field of cloud computing for body's motion detection; technical support services, namely, 24/7 monitoring of network systems, servers and web and database applications and notification of related events and alerts; software as a service SaaS for image recognition and processing; software as a service (SAAS) featuring software for image recognition and processing; software as a service SaaS for face detection and tracking; software as a service (SAAS) featuring software for face detection and tracking; software as a service SaaS for face identification and orientation; software as a service (SAAS) for face identification and orientation; software as a service SaaS for face attributes detection; software as a service (SAAS) featuring software for face attributes detection; software as a service SaaS for gesture recognition and analysis; software as a service (SAAS) for featuring software gesture recognition and analysis; software as a service SaaS for body orientation; software as a service (SAAS) featuring software for body orientation; software as a service SaaS for body's motion detection; software as a service (SAAS) featuring software for body's motion detection; platform as a service PaaS for image recognition and processing; platform as a service (PAAS) featuring computer software platforms for image recognition and processing; platform as a service PaaS for face detection and tracking; platform as a service (PAAS) featuring computer software platforms for face detection and tracking; platform as a service PaaS for face identification and orientation; platform as a service (PAAS) featuring computer software platforms for face identification and orientation; platform as a service PaaS for face attributes detection; platform as a service (PAAS) featuring computer software platforms for face attributes detection; platform as a service PaaS for gesture recognition and analysis; platform as a service (PAAS) featuring computer software platforms for gesture recognition and analysis; platform as a service PaaS for body orientation; platform as a service (PAAS) featuring computer software platforms for body orientation; platform as a service PaaS for body's motion detection; platform as a service (PAAS) featuring computer software platforms for body's motion detection; electronic data storageClass 042 for Technical research for image recognition and processing; technical research for face detection and tracking; technical research for face identification and orientation; technical research for face attributes detection; technical research for gesture recognition and analysis; technical research for body orientation; technical research for body's motion detection; research and development of new products for others; computer software design; computer programming; updating of computer software; consultancy in the design and development of computer hardware; maintenance of computer software; computer system analysis; computer system design; conversion of data or documents from physical to electronic media; information technology consultancy; consulting services in the field of cloud computing for image recognition and processing; consulting services in the field of cloud computing for face detection and tracking; consulting services in the field of cloud computing for face identification and orientation; consulting services in the field of cloud computing for face attributes detection; consulting services in the field of cloud computing for gesture recognition and analysis; consulting services in the field of cloud computing for body orientation; consulting services in the field of cloud computing for body's motion detection; technical support services, namely, 24/7 monitoring of network systems, servers and web and database applications and notification of related events and alerts; software as a service (SAAS) featuring software for image recognition and processing; software as a service (SAAS) featuring software for face detection and tracking; software as a service (SAAS) for face identification and orientation; software as a service (SAAS) featuring software for face attributes detection; software as a service (SAAS) for featuring software gesture recognition and analysis; software as a service (SAAS) featuring software for body orientation; software as a service (SAAS) featuring software for body's motion detection; platform as a service (PAAS) featuring computer software platforms for image recognition and processing; platform as a service (PAAS) featuring computer software platforms for face detection and tracking; platform as a service (PAAS) featuring computer software platforms for face identification and orientation; platform as a service (PAAS) featuring computer software platforms for face attributes detection; platform as a service (PAAS) featuring computer software platforms for gesture recognition and analysis; platform as a service (PAAS) featuring computer software platforms for body orientation; platform as a service (PAAS) featuring computer software platforms for body's motion detection; electronic data storage
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 045 for guard services; physical security consultancy; monitoring of burglar and security alarms; chaperoning; housekeeping services; online social networking services; licensing of computer software legal services; dating services
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: Guard services; physical security consultancy; monitoring of burglar and security alarms; chaperoning; housekeeping services; online social networking services; licensing of computer software being legal services; licensing of computer software legal services; dating servicesClass 045 for Guard services; physical security consultancy; monitoring of burglar and security alarms; chaperoning; online social networking services; licensing of computer software being legal services; dating services
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant.

The applicant's current attorney information: David Orms. David Orms of POLSON INTELLECTUAL PROPERTY LAW, PC, is located at

      PO BOX 1403
      BROOMFIELD, Colorado 80038
      US
The docket/reference number is 096.T-BS03-0.

The phone number is 303-485-7640.

The email address is teas@polsoniplaw.com

The applicants proposed attorney information: David Orms. David Orms of POLSON INTELLECTUAL PROPERTY LAW, PC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      PO BOX 1403
      BROOMFIELD, Colorado 80038
      United States
The docket/reference number is 096.T-BS03-0.

The phone number is 303-485-7640.

The email address is teas@polsoniplaw.com

David Orms 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: DAVID ORMS. DAVID ORMS of POLSON INTELLECTUAL PROPERTY LAW, PC, is located at

      PO BOX 1403
      BROOMFIELD, Colorado 80038
      US
The docket/reference number is 096.T-BS03-0.

The phone number is 303-485-7640.

The email address is teas@polsoniplaw.com; dorms@polsoniplaw.com

The applicants proposed correspondence information: David Orms. David Orms of POLSON INTELLECTUAL PROPERTY LAW, PC, is located at

      PO BOX 1403
      BROOMFIELD, Colorado 80038
      United States
The docket/reference number is 096.T-BS03-0.

The phone number is 303-485-7640.

The email address is teas@polsoniplaw.com; dorms@polsoniplaw.com

SIGNATURE(S)
Response Signature
Signature: /david orms/     Date: 09/24/2019
Signatory's Name: David Orms
Signatory's Position: Attorney of Record, Colorado bar member

Signatory's Phone Number: 303-485-7640

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:    DAVID ORMS
   POLSON INTELLECTUAL PROPERTY LAW, PC
   
   PO BOX 1403
   BROOMFIELD, Colorado 80038
Mailing Address:    David Orms
   POLSON INTELLECTUAL PROPERTY LAW, PC
   PO BOX 1403
   BROOMFIELD, Colorado 80038
        
Serial Number: 88284899
Internet Transmission Date: Tue Sep 24 18:56:06 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XXX-201909241856065
48315-88284899-610d18abac959a13290e2f36c
6673d12faf6758b6f09cf5c381cfd297c9496ecb
3-N/A-N/A-20190924184941664418