Section 7 Request

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 1597 (Rev 11/2007)

OMB No. 0651-0055 (Exp 10/31/2021)

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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 1597 (Rev 11/2007)

OMB No. 0651-0055 (Exp 10/31/2021)

Section 7 Request Form

To the Commissioner for Trademarks:

The registrant requests the following amendment(s) to registration no. 5924738 AVIA(Standard Characters, see http://uspto.report/TM/88328998/mark.png) has been amended as follows:

EXPLANATION OF FILING
Correction is desired to resolve post-publication objection to the identification of goods. Given USPTO has determined that the post-publication amendment filed on October 29, 2019 was submitted too late or was not processed in time to withdraw the mark from the scheduled issuance of a registration, Registrant would like to resubmit the amendment to the Post Registration Section as a Section 7 Request. Because the amendment was filed prior to registration, no fee is required.

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Registrant proposes to amend the following class of goods/services in the application:
Current: Class 009 for Computer-controlled apparatus for testing and measuring defects, damages and flaws in mobile devices, smart devices and other portable electronic devices; Computer hardware and recorded software systems for automatically inspecting, scanning, detecting, categorizing, analyzing and rating severity of physical, optical, visual, audio, or electrical flaws, damage, or defects in a mobile device screen, mobile device hardware or software, or mobile device functionality; Machines for testing smart phones, cellular phones, mobile devices, wearable electronics, portable gaming devices, smart clothes, smart watches, and other portable electronics; Scientific instrumentation for measuring defects, damages, or flaws in screens and monitors of mobile phones, cellular phones, smartphones, mobile devices, portable gaming devices, wearable smart devices, smart watches, and other portable electronics; physical damage, flaws, blemishes, defects, or damage in the hardware, optical response, optical hardware, electronics, physical body, surface coatings, paint, screen surface, screen hardware, display surface, display hardware, or any other physical component, optical component, or electrical component of a mobile device, mobile phone, or other portable electronics device; physical motion response, electronic signal response, broadcast signal response, radio frequency response, physical stimulation response, vibration response, audio response, optical or visual response, camera response, lighting response, ambient light response, screen user interface response, control system or functionality response, or any other kind of functionality, user interface component, method of interaction, method of input, method of output, signal interchange, program download/upload, data download/upload, or other application or utility or aspect of a mobile device's software and/or hardware
Original Filing Basis:
Filing Basis: Section 1(a), Use in Commerce: The registrant is using the mark in commerce, or the registrant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 02/27/2018 and first used in commerce at least as early as 02/27/2018, and is now in use in such commerce.

Proposed: Class 009 for Computer-controlled apparatus for testing and measuring defects, damages and flaws in mobile devices, smart devices and other portable electronic devices; Computer hardware and recorded software systems for automatically inspecting, scanning, detecting, categorizing, analyzing and rating severity of physical, optical, visual, audio, or electrical flaws, damage, or defects in a mobile device screen, mobile device hardware or software, or mobile device functionality; Machines for testing smart phones, cellular phones, mobile devices, wearable electronics, portable gaming devices, smart clothes, smart watches, and other portable electronics; Scientific instrumentation for measuring defects, damages, or flaws in screens and monitors of mobile phones, cellular phones, smartphones, mobile devices, portable gaming devices, wearable smart devices, smart watches, and other portable electronics; physical damage, flaws, blemishes, defects, or damage in the hardware, optical response, optical hardware, electronics, physical body, surface coatings, paint, screen surface, screen hardware, display surface, display hardware, or any other physical component, optical component, or electrical component of a mobile device, mobile phone, or other portable electronics device; physical motion response, electronic signal response, broadcast signal response, radio frequency response, physical stimulation response, vibration response, audio response, optical or visual response, camera response, lighting response, ambient light response, screen user interface response, control system or functionality response, or any other kind of functionality, user interface component, method of interaction, method of input, method of output, signal interchange, program download/upload, data download/upload, or other application or utility or aspect of a mobile device's software and/or hardware; all of the foregoing not related to computer and software security, security for mobile and smart devices, and personal computer optimizers
Filing Basis: Section 1(a), Use in Commerce: The registrant is using the mark in commerce, or the registrant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 02/27/2018 and first used in commerce at least as early as 02/27/2018, and is now in use in such commerce.

The applicant's current correspondence information: Christopher Lee. Christopher Lee, is located at

      100 CENTURY CENTER COURT SUITE 415
      SAN JOSE, California 95112
      US

The phone number is 408-573-8585.

The email address is ccl@paclaw.com

The applicants proposed correspondence information: Christopher Lee. Christopher Lee of PACIFIC LAW GROUP LLP, is located at

      100 CENTURY CENTER COURT SUITE 415
      SAN JOSE, California 95112
      United States

The email address is ccl@paclaw.com

ADDITIONAL STATEMENTS
Miscellaneous Statement(s)
Per POST PUBLICATION AMENDMENT DECISION issued on December 3, 2019, because the amendment was filed prior to registration, no fee is required.


I hereby elect not to submit any fee. I believe no fee is required because I am seeking to correct an immaterial, e.g., clerical, error that was the fault of the USPTO, rather than the fault of the owner/holder. I understand that the USPTO may, upon later review, require a fee payment.
SIGNATURE(S)
Declaration Signature
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 this submission, declares that all statements made of his/her own knowledge are true and all statements made on information and belief are believed to be true.

Signature: /Christopher Lee/      Date: 12/04/2019
Signatory's Name: Christopher Lee
Signatory's Position: Attorney of record, California Bar member
Signatory's Phone: 4085738585

Request Signature
Signature: /Christopher Lee/     Date: 12/04/2019
Signatory's Name: Christopher Lee
Signatory's Position: Attorney of record, California Bar member

Signatory's Phone: 4085738585

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 filed in conjunction with a pending post-registration filing, and 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.

The registrant is NOT filing a Declaration of Use of Mark under Section 8; a Combined Declaration of Use of Mark under Sections 8 & 15; or a Combined Declaration of Use of Mark/Application for Renewal of Registration of Mark under Sections 8 & 9 in conjunction with this Section 7 Request.

Mailing Address:    Christopher Lee
   
   
   100 CENTURY CENTER COURT SUITE 415
   SAN JOSE, California 95112
Mailing Address:    Christopher Lee
   PACIFIC LAW GROUP LLP
   100 CENTURY CENTER COURT SUITE 415
   SAN JOSE, California 95112
        
Serial Number: 88328998
Internet Transmission Date: Wed Dec 04 21:42:48 EST 2019
TEAS Stamp: USPTO/S7R-XXX.XX.XXX.XXX-201912042142484
11895-5924738-700d34d29a4db542e13083329a
2d3ee581ff6603cfc91ebe4daf6545e4efff2cb-
N/A-N/A-20191204210412267648