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. 88291312 NOTION(Standard Characters, see http://uspto.report/TM/88291312/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 Electroencephalography computer consisting of an electroencephalogram (EEG) headset, EEG sensing device, brain sensing headset, wearable headset device, embedded computer, wireless computer, to measure, track, and monitor EEG brainwaves, and associated software sold as a unit therewith, all of the aforesaid in association with measurements and signals derived exclusively from the head, brain functioning, brain processes, brain activity and/or mental and cognitive measurements, analysis, functioning; downloadable software, and downloadable software in the nature of a mobile application, for use in connection with a wearable headset
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.

In International Class 009, the mark was first used at least as early as 06/11/2019 and first used in commerce at least as early as 06/11/2019 .

Proposed:
Tracked Text Description: Electroencephalography computer consisting of an electroencephalogram (EEG) headset, EEG sensing device, brain sensing headset, wearable headset device, embedded computer, wireless computer, to measure, track, and monitor EEG brainwaves, and associated software sold as a unit therewith, all of the aforesaid in association with measurements and signals derived exclusively from the head, brain functioning, brain processes, brain activity and/or mental and cognitive measurements, analysis, functioning; Electroencephalography computer consisting of an electroencephalogram (EEG) headset, EEG sensing device in the nature of electronic sensors, brain sensing headset for use with computers, wearable headset for use with computers, embedded computer, wireless computer, to measure, track, and monitor EEG brainwaves, and associated downloadable software sold as a unit therewith, all of the aforesaid in association with measurements and signals derived exclusively from the head, brain functioning, brain processes, brain activity and mental and cognitive measurements, analysis, functioning; downloadable software, and downloadable software in the nature of a mobile application, for use in connection with a wearable headset; downloadable software, and downloadable software in the nature of a mobile application, for use in connection with a wearable headset, namely for use controlling a wearable headset, viewing information associated with a wearable headset, changing the source code of the wearable headset, and connecting the wearable headset to the Internet.Class 009 for Electroencephalography computer consisting of an electroencephalogram (EEG) headset, EEG sensing device in the nature of electronic sensors, brain sensing headset for use with computers, wearable headset for use with computers, embedded computer, wireless computer, to measure, track, and monitor EEG brainwaves, and associated downloadable software sold as a unit therewith, all of the aforesaid in association with measurements and signals derived exclusively from the head, brain functioning, brain processes, brain activity and mental and cognitive measurements, analysis, functioning; downloadable software, and downloadable software in the nature of a mobile application, for use in connection with a wearable headset, namely for use controlling a wearable headset, viewing information associated with a wearable headset, changing the source code of the wearable headset, and connecting the wearable headset to the Internet.
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.

In International Class 009, the mark was first used at least as early as 06/11/2019 . and first used in commerce at least as early as 06/11/2019 .

SIGNATURE(S)
Response Signature
Signature: /fjd/     Date: 06/14/2019
Signatory's Name: Francis J. Duffin
Signatory's Position: Attorney of record, a Connecticut Bar member

Signatory's Phone Number: 203.498.4347

The signatory has confirmed that he/she is an attorney who is a member in good standing of the bar of the highest court of a U.S. state, which includes the District of Columbia, Puerto Rico, and other federal territories and possessions; 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. attorney or a Canadian attorney/agent not currently associated with his/her company/firm previously represented the owner/holder in this matter: (1) the owner/holder has filed or is concurrently filing a signed revocation of or substitute power of attorney with the USPTO; (2) the USPTO has granted the request of the prior representative to withdraw; (3) the owner/holder has filed a power of attorney appointing him/her in this matter; or (4) the owner's/holder's appointed U.S. attorney or Canadian attorney/agent has filed a power of attorney appointing him/her as an associate attorney in this matter.

        
Serial Number: 88291312
Internet Transmission Date: Fri Jun 14 10:23:21 EDT 2019
TEAS Stamp: USPTO/ROA-XX.X.XX.XX-2019061410232175161
7-88291312-6202fb34bf7cf9090b1564a6cc79c
d161f23dc241baf8ea349db29441bd4bd42fe7-N
/A-N/A-20190614102015164668