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. 88290423 GUARD(Standard Characters, see http://uspto.report/TM/88290423/mark.png) has been amended as follows:

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

Evidence attached

EVIDENCE
Evidence in the nature of Response Letter to Office Action from Bradley Gordan, Trademark Examining Attorney has been attached.
Original PDF file:
evi_1742143426-20190821184747778913_._2019.08.21_Guard_Response_to_Office_Action__3_.pdf
Converted PDF file(s) ( 6 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Evidence-6

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 009 for Surveillance systems comprised of cameras, switches, monitors, sensors, microphones, recorders; Surveillance systems comprised of cameras, switches, monitors, sensors, microphones, recorders, and related computer vision technology with the ultimate objective to detect when someone may be drowning
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: Surveillance systems comprised of cameras, switches, monitors, sensors, microphones, recorders; Downloadable software for use in water imaging analysis in a swimming pool; Surveillance systems comprised of cameras, switches, monitors, sensors, microphones, recorders, and related computer vision technology with the ultimate objective to detect when someone may be drowning; namely, a downloadable electronic platform for design, development, installation and maintenance of computer software for water imaging analysis in a swimming poolClass 009 for Downloadable software for use in water imaging analysis in a swimming pool; namely, a downloadable electronic platform for design, development, installation and maintenance of computer software for water imaging analysis in a swimming pool
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: /Piotr Szymanski/     Date: 08/21/2019
Signatory's Name: Piotr Szymanski
Signatory's Position: Attorney of Record, California bar member

Signatory's Phone Number: 6507764826

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: 88290423
Internet Transmission Date: Wed Aug 21 19:02:39 EDT 2019
TEAS Stamp: USPTO/ROA-XXX.XXX.XX.XX-2019082119023964
0942-88290423-610fc189c203661ea1aa86362d
caf9389164a8dfd7fe3b5d6b194d438ac262dbc-
N/A-N/A-20190821184747778913