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. 88307213  (Stylized and/or with Design, see http://uspto.report/TM/88307213/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 battery chargers, electric power adapters, AC and DC electric power plugs and electric cords, battery packs, and electric connector cords for transmitting data, all for use with electronic devices, namely, cellular telephones, PDAs, DVD players, music players, radios, digital cameras, camcorders, gaming units, notebook computers; full spectrum lighting ballasts; docking station lamp for electronic devices, namely, music players, cellular telephones, PDAs and radios; remote wireless switches
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: battery chargers, electric power adapters, AC and DC electric power plugs and electric cords, battery packs, and electric connector cords for transmitting data, all for use with electronic devices, namely, cellular telephones, PDAs, DVD players, music players, radios, digital cameras, camcorders, gaming units, notebook computers; full spectrum lighting ballasts; docking station lamp for electronic devices, namely, music players, cellular telephones, PDAs and radios; remote wireless power switches; remote wireless switchesClass 009 for battery chargers, electric power adapters, AC and DC electric power plugs and electric cords, battery packs, and electric connector cords for transmitting data, all for use with electronic devices, namely, cellular telephones, PDAs, DVD players, music players, radios, digital cameras, camcorders, gaming units, notebook computers; full spectrum lighting ballasts; remote wireless power switches
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 011 for electric fans for personal use; portable electric fans; lighted vanity mirrors; lighted make-up mirrors; lamps, namely, floor lamps, desk lamps and table lamps; lighting, namely, lighting tubes; lighting fixtures; compact full spectrum electric light bulbs
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: electric fans for personal use; electric tower fans for personal use; portable electric fans; lighted vanity mirrors; lamps for music player, cellular telephone, personalized digital assistant and radio electronic device docketing stations; lighted make-up mirrors; lamps, namely, floor lamps, desk lamps and table lamps; full spectrum lighting, namely, full spectrum lighting tubes; lighting, namely, lighting tubes; full spectrum lighting fixtures; lighting fixtures; compact full spectrum electric light bulbsClass 011 for electric tower fans for personal use; portable electric fans; lamps for music player, cellular telephone, personalized digital assistant and radio electronic device docketing stations; lamps, namely, floor lamps, desk lamps and table lamps; full spectrum lighting, namely, full spectrum lighting tubes; full spectrum lighting fixtures; compact full spectrum electric light bulbs
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 hereby adds the following class of goods/services to the application:
New: Class 020 for portable vanity mirrors enhanced by electric lights; portable make-up mirrors enhanced by electric lights
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: Keith R. Obert. Keith R. Obert of WARE, FRESSOLA, MAGUIRE & BARBER LLP, is located at

      755 MAIN STREET, BLDG. 5
      MONROE, Connecticut 06468
      US
The docket/reference number is 842-038.046.

The phone number is 203-261-1234.

The fax number is 203-261-5676.

The email address is kro@warefressola.com

The applicants proposed attorney information: Keith R. Obert. Other appointed attorneys are Alfred A. Fressola, Francis J. Maguire, William J. Barber, Steven T. Cooper, George B. Snyder. Keith R. Obert of WARE, FRESSOLA, MAGUIRE & BARBER LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      755 MAIN STREET, BLDG. 5
      MONROE, Connecticut 06468
      United States
The docket/reference number is 842-038.046.

The phone number is 203-261-1234.

The fax number is 203-261-5676.

The email address is kro@warefressola.com

Keith R. Obert 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: KEITH R. OBERT. KEITH R. OBERT of WARE, FRESSOLA, MAGUIRE & BARBER LLP, is located at

      755 MAIN STREET, BLDG. 5
      MONROE, Connecticut 06468
      US
The docket/reference number is 842-038.046.

The phone number is 203-261-1234.

The fax number is 203-261-5676.

The email address is kro@warefressola.com; lr@warefressola.com; mail@warefressola.com

The applicants proposed correspondence information: Keith R. Obert. Keith R. Obert of WARE, FRESSOLA, MAGUIRE & BARBER LLP, is located at

      755 MAIN STREET, BLDG. 5
      MONROE, Connecticut 06468
      United States
The docket/reference number is 842-038.046.

The phone number is 203-261-1234.

The fax number is 203-261-5676.

The email address is kro@warefressola.com; jeh@warefressola.com; mail@warefressola.com

ADDITIONAL STATEMENTS
Description of mark
The mark consists of five shaded house-shaped arrow design elements arranged in a pentagon to form a five pointed star shape in the spacing between the house-shaped arrow design elements.

FEE(S)
Fee(s) in the amount of $275 is being submitted.

SIGNATURE(S)
Declaration Signature
The filing Attorney has elected not to submit the signed declaration, believing no supporting declaration is required under the Trademark Rules of Practice.
Response Signature
Signature: /Keith R. Obert/     Date: 11/06/2019
Signatory's Name: Keith R. Obert
Signatory's Position: Attorney of record, Connecticut bar member

Signatory's Phone Number: 203-261-1234

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:    KEITH R. OBERT
   WARE, FRESSOLA, MAGUIRE & BARBER LLP
   
   755 MAIN STREET, BLDG. 5
   MONROE, Connecticut 06468
Mailing Address:    Keith R. Obert
   WARE, FRESSOLA, MAGUIRE & BARBER LLP
   755 MAIN STREET, BLDG. 5
   MONROE, Connecticut 06468
        
RAM Sale Number: 88307213
RAM Accounting Date: 11/06/2019
        
Serial Number: 88307213
Internet Transmission Date: Wed Nov 06 20:31:08 EST 2019
TEAS Stamp: USPTO/ROA-XX.XX.XX.XXX-20191106203108311
097-88307213-700fcf3d0a080ffc89855aebc07
b77c9a099d965a8c2bb83d0b85fbe91927a7bfc-
DA-31070161-20191106202136584005