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. 88310376 SMARTFIT(Standard Characters, see http://uspto.report/TM/88310376/mark.png) has been amended as follows:

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

Noting that the cited prior registration No. 4283476 has now lapsed, we request that the Likelihood of Confusion refusal be withdrawn.

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 009 for Computer software enabling the tailoring of automobile seats, steering column, internal and external mirrors, pedals, to the occupants' morphology through a wireless technology communicating with the onboard computer
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: Computer software enabling the tailoring of automobile seats, steering column, internal and external mirrors, pedals, to the occupants' morphology through a wireless technology communicating with the onboard computer; Downloadable and non-downloadable computer software enabling the tailoring of automobile seats, steering column, internal and external mirrors, pedals, to the occupants' morphology through a wireless technology communicating with the onboard computerClass 009 for Downloadable and non-downloadable computer software enabling the tailoring of automobile seats, steering column, internal and external mirrors, pedals, to the occupants' morphology through a wireless technology communicating with the onboard computer
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 AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: FAURECIA a(n) Société européenne, legally organized under the laws of France, having an address of
      23-27 Avenue des Champs Pierreux
      NANTERRE, 92000
      France

Proposed: FAURECIA, European Company legally organized under the laws of France, having an address of
      23-27 Avenue des Champs Pierreux
      NANTERRE, 92000
      France

The applicant's current attorney information: Dmitriy O. Makarov. Dmitriy O. Makarov of IPHORGAN LTD., is located at

      195 ARLINGTON HEIGHTS RD, SUITE #125
      BUFFALO GROVE, Illinois 60089
      US
The docket/reference number is CLV 0611 US.

The phone number is 847-808-5500.

The fax number is 847-808-7238.

The email address is mail@iphorgan.com

The applicants proposed attorney information: Dmitriy O. Makarov. Other appointed attorneys are Alexander T. Bara, Carlynn B. Ferguson, Christopher Lay, Daniel Saam, Dermot Horgan, Eric Estadt, Jeannine Rittenhouse, John T.D. Bathke, and Michael L. Kenaga. Dmitriy O. Makarov of IPHORGAN LTD., is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      195 ARLINGTON HEIGHTS RD, SUITE #125
      BUFFALO GROVE, Illinois 60089
      United States
The docket/reference number is CLV 0611 US.

The phone number is 847-808-5500.

The fax number is 847-808-7238.

The email address is mail@iphorgan.com

Dmitriy O. Makarov 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: DMITRIY O. MAKAROV. DMITRIY O. MAKAROV of IPHORGAN LTD., is located at

      195 ARLINGTON HEIGHTS RD, SUITE #125
      BUFFALO GROVE, Illinois 60089
      US
The docket/reference number is CLV 0611 US.

The phone number is 847-808-5500.

The fax number is 847-808-7238.

The email address is mail@iphorgan.com; dmakarov@iphorgan.com

The applicants proposed correspondence information: Dmitriy O. Makarov. Dmitriy O. Makarov of IPHORGAN LTD., is located at

      195 ARLINGTON HEIGHTS RD, SUITE #125
      BUFFALO GROVE, Illinois 60089
      United States
The docket/reference number is CLV 0611 US.

The phone number is 847-808-5500.

The fax number is 847-808-7238.

The email address is mail@iphorgan.com; dmakarov@iphorgan.com

SIGNATURE(S)
Response Signature
Signature: /Dmitriy O. Makarov/     Date: 09/16/2019
Signatory's Name: Dmitriy O. Makarov
Signatory's Position: Attorney of record, Illinois bar member

Signatory's Phone Number: 847-808-5500

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:    DMITRIY O. MAKAROV
   IPHORGAN LTD.
   
   195 ARLINGTON HEIGHTS RD, SUITE #125
   BUFFALO GROVE, Illinois 60089
Mailing Address:    Dmitriy O. Makarov
   IPHORGAN LTD.
   195 ARLINGTON HEIGHTS RD, SUITE #125
   BUFFALO GROVE, Illinois 60089
        
Serial Number: 88310376
Internet Transmission Date: Mon Sep 16 18:00:22 EDT 2019
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.XX-201909161800225
95719-88310376-6104d60603848cae0a690d9ff
891398532a70535c5a98273b34cf9f3a876d5a4c
e-N/A-N/A-20190916175013988248