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. 88301892 MICROTEK(Standard Characters, see http://uspto.report/TM/88301892/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 011 for Luminaires; LED light fixtures; LED lighting systems, comprised of LED modules, power supplies and wiring; lamps; LED light engines; LED modules; optical components used within light fixtures, namely, diffusing lenses, collimating lenses, light redirecting lenses, wavelength conversion optics and light directing guides
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 011, the mark was first used at least as early as 09/18/2019 and first used in commerce at least as early as 09/18/2019 .

Proposed: Class 011 for Luminaires; LED light fixtures; LED lighting systems, comprised of LED modules, power supplies and wiring; lamps; LED light engines; LED modules; optical components used within light fixtures, namely, diffusing lenses, collimating lenses, light redirecting lenses, wavelength conversion optics and light directing guides

Deleted Filing Basis: 1(b)
In International Class 011, the mark was first used at least as early as 09/18/2019 . and first used in commerce at least as early as 09/18/2019 .

Applicant hereby submits one(or more) specimen(s) for Class 011 . The specimen(s) submitted consists of Specimen consists of screenshots from two webpages from the Fusion Optix website which show use of the Microtek mark in association with lighting systems and optical components used in light fixtures. .
"The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing date of the application"[for an application based on Section 1(a), Use in Commerce] OR "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce prior either to the filing of the Amendment to Allege Use or expiration of the filing deadline for filing a Statement of Use" [for an application based on Section 1(b) Intent-to-Use]. OR "The attached specimen is a true copy of the specimen that was originally submitted with the application, amendment to allege use, or statement of use" [for an illegible specimen].
Original PDF file:
SPU0-2603300554e0e00074a0dc5d12236983-20191127144231202457_._Microtek_SOU_specimen_191127.pdf
Converted PDF file(s) ( 1 page)
Specimen File1
Original PDF file:
SPU0-2603300554e0e00074a0dc5d12236983-20191127144231202457_._Microtek_specimen_UGR_191127.pdf
Converted PDF file(s) ( 1 page)
Specimen File1

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 017 for Non-metal films and sheets, and profile extrusions having optical functionality, namely, diffusion, light redirection, beam control, collimation, brightness enhancement, wavelength conversion, waveguiding, lightguiding for use in lighting, display, and solar applications
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 017, the mark was first used at least as early as 09/18/2019 and first used in commerce at least as early as 09/18/2019 .

Proposed: Class 017 for Non-metal films and sheets, and profile extrusions having optical functionality, namely, diffusion, light redirection, beam control, collimation, brightness enhancement, wavelength conversion, waveguiding, lightguiding for use in lighting, display, and solar applications

Deleted Filing Basis: 1(b)
In International Class 017, the mark was first used at least as early as 09/18/2019 . and first used in commerce at least as early as 09/18/2019 .

Applicant hereby submits one(or more) specimen(s) for Class 017 . The specimen(s) submitted consists of Specimen consists of screenshots from two webpages from the Fusion Optix website which show use of the Microtek mark in association with sheets and profile extrusions having optical functionality for lighting application. .
"The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing date of the application"[for an application based on Section 1(a), Use in Commerce] OR "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce prior either to the filing of the Amendment to Allege Use or expiration of the filing deadline for filing a Statement of Use" [for an application based on Section 1(b) Intent-to-Use]. OR "The attached specimen is a true copy of the specimen that was originally submitted with the application, amendment to allege use, or statement of use" [for an illegible specimen].
Original PDF file:
SPU1-2603300554e0e00074a0dc5d12236983-20191127144231202457_._Microtek_specimen_UGR_191127.pdf
Converted PDF file(s) ( 1 page)
Specimen File1
Original PDF file:
SPU1-2603300554e0e00074a0dc5d12236983-20191127144231202457_._Microtek_SOU_specimen_191127.pdf
Converted PDF file(s) ( 1 page)
Specimen File1

SIGNATURE(S)
Declaration Signature

DECLARATION: The signatory being warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. § 1001, and that such willful false statements and the like may jeopardize the validity of the application or submission or any registration resulting therefrom, declares that, if the applicant submitted the application or allegation of use (AOU) unsigned, all statements in the application or AOU and this submission based on the signatory's own knowledge are true, and all statements in the application or AOU and this submission made on information and belief are believed to be true.

STATEMENTS FOR UNSIGNED SECTION 1(a) APPLICATION/AOU: If the applicant filed an unsigned application under 15 U.S.C. §1051(a) or AOU under 15 U.S.C. §1051(c), the signatory additionally believes that: the applicant is the owner of the mark sought to be registered; the mark is in use in commerce and was in use in commerce as of the filing date of the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; the original specimen(s), if applicable, shows the mark in use in commerce as of the filing date of the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; for a collective trademark, collective service mark, collective membership mark application, or certification mark application, the applicant is exercising legitimate control over the use of the mark in commerce and was exercising legitimate control over the use of the mark in commerce as of the filing date of the application or AOU; for a certification mark application, the applicant is not engaged 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. To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services/collective membership organization of such other persons, to cause confusion or mistake, or to deceive.

STATEMENTS FOR UNSIGNED SECTION 1(b)/SECTION 44 APPLICATION AND FOR SECTION 66(a) COLLECTIVE/CERTIFICATION MARK APPLICATION: If the applicant filed an unsigned application under 15 U.S.C. §§ 1051(b), 1126(d), and/or 1126(e), or filed a collective/certification mark application under 15 U.S.C. §1141f(a), the signatory additionally believes that: for a trademark or service mark application, the applicant is entitled to use the mark in commerce on or in connection with the goods/services specified in the application; the applicant has a bona fide intention to use the mark in commerce and had a bona fide intention to use the mark in commerce as of the application filing date; for a collective trademark, collective service mark, collective membership mark, or certification mark application, the applicant has a bona fide intention, and is entitled, to exercise legitimate control over the use of the mark in commerce and had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce as of the application filing date; the signatory is properly authorized to execute the declaration on behalf of the applicant; for a certification mark application, 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. To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services/collective membership organization of such other persons, to cause confusion or mistake, or to deceive.

Signature: /Timothy Kelly/      Date: 11/27/2019
Signatory's Name: Timothy Kelly
Signatory's Position: Intellectual Property Officer
Signatory's Phone Number: 781-995-0805 ext. 104


Response Signature
Signature: /Timothy Kelly/     Date: 11/27/2019
Signatory's Name: Timothy Kelly
Signatory's Position: Intellectual Property Officer

Signatory's Phone Number: 781-995-0805 ext. 104

The signatory has confirmed that he/she is not represented by an authorized attorney, and that he/she is either: (1) the owner/holder ; or (2) a person or persons with legal authority to bind the owner/holder; and if he/she had previously been represented by an attorney in this matter, either he/she revoked their power of attorney by filing a signed revocation with the USPTO or the USPTO has granted this attorney's withdrawal request.

        
Serial Number: 88301892
Internet Transmission Date: Wed Nov 27 15:20:02 EST 2019
TEAS Stamp: USPTO/ROA-XXXX:XXXX:XXXX:XXXX:XXXX:XXXX:
XXXX:XXXX-20191127152002620782-88301892-
7005b3970486d5df1d1dbe1e0fb5ae731e97b965
62d9c9e3e96c2ec4788a2d52-N/A-N/A-2019112
7144231202457