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. 88338392 OVR TECHNOLOGY(Standard Characters, see http://uspto.report/TM/88338392/mark.png) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant hereby deletes the following class of goods/services from the application.
Class 009 for Augmented Reality glasses and headsets; accessories for augmented reality headsets and glasses; wearable accessories for augmented reality experiences, namely, headsets, gloves; virtual reality glasses and headsets; accessories for virtual reality glasses and headsets, namely, cases for virtual reality headsets, controllers for virtual reality headsets, electronic input devices for virtual reality applications; computer programs for collaboration in augmented reality and virtual reality environments; bands, straps, hats, and headsets all specially adapted for securing an augmented reality device in the nature of an augmented reality head mounted display on a user's head; component features of downloadable software applications that enable users to experience augmented and virtual reality environments, namely, features which provide scents for enhancement of the user's experience; augmented reality software for use in mobile devices for integrating scents with real world environments; virtual reality software for use in mobile devices for integrating scents in virtual environments; accessories for augmented and virtual reality headsets and glasses for integrating scents with real world environments; electrical dispenser that interacts with computer hardware and software to act as a scent module to dispense scent(s) in relation to media content played on an audiovisual or multi-sensory platform; scents and fragrances for use in connection with augmented and virtual reality headsets and glasses

Applicant hereby adds the following class of goods/services to the application:
New: Class 003 (Original Class: 009 ) for Scents and fragrances, namely, odors and air fragrancing preparations for use in connection with augmented reality and virtual reality glasses and headsets that are dispensed in relation to media content played on such audiovisual and multi-sensory platforms
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 009 for Augmented Reality glasses and headsets; Accessories for augmented reality headsets and glasses, namely, data gloves, track ball input devices, digital input and output scanners, headphones, speakers, cameras, trackers, charging stations, and haptic devices; Wearable accessories for augmented reality experiences, namely, augmented reality headsets and data gloves; Virtual reality glasses and headsets; Accessories for virtual reality glasses and headsets, namely, cases for virtual reality headsets, controllers for virtual reality headsets, electronic input devices in the nature of data gloves, track ball input devices, keyboards, computer keypads, headphones, speakers, cameras, trackers, charging stations, and haptic devices, all being for use with virtual reality software applications; Downloadable and recorded computer programs for collaboration in augmented reality and virtual reality environments; Bands, straps, hats, and headsets all specifically adapted for securing an augmented reality device in the nature of an augmented reality head mounted display on a user's head; Software features which provide scents for enhancement of the user's experience, with said features being sold as a component of downloadable software applications that enable users to experience augmented and virtual reality environment; Downloadable and recorded augmented reality software for use in mobile devices for integrating scents with real world environments; Downloadable or recorded virtual reality software for use in mobile devices for integrating scents in virtual environments; Accessories for augmented and virtual reality headsets and glasses for integrating scents with real world environments, namely, activated fragrance dispensers specifically adapted for use as attachments to augmented reality and virtual reality headsets; Electrical dispenser that interacts with computer hardware and software to act as a scent module and dispense scents in relation to media content played on an audiovisual or multi-sensory platform, with said dispensers being specially adapted for use as attachments to augmented reality and virtual reality glasses and headsets
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 042 for Providing temporary use of on-line non-downloadable computer programs from collaboration in augmented reality and virtual reality environments; Providing temporary use of on-line non-downloadable augmented reality computer software for use in mobile devices for integrating scents with real world environments; Providing temporary use of on-line non-downloadable virtual reality software for use in mobile devices for integrating scents in virtual environments
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: Christina M. Licursi. Christina M. Licursi of WOLF, GREENFIELD & SACKS, P.C., is located at

      600 ATLANTIC AVENUE
      BOSTON, Massachusetts 02210-2206
      US
The docket/reference number is S20172000000.

The phone number is 617-646-8384.

The fax number is (617) 646-8646.

The email address is cxltrademarks@wolfgreenfield.com

The applicants proposed attorney information: Christina M. Licursi. Other appointed attorneys are Michael A. Albert, Nicole Davis Amar, Eric L. Amundsen, Michael J. Attisha, C. Hunter Baker, Jason W. Balich, Melissa Beede, Cristin Berkey, Brandon S. Blackwell, Joshua M. Brandt, David F. Cauble, Tani Chen, Thomas S. Chlebeck, Bryan S. Conley, Gregory F. Corbett, Elizabeth A. DiMarco, Heather J. DiPietrantonio, Stuart V. Duncan Smith, Roque El-Hayek, Neil P. Ferraro, Emma L. Frank, Thomas A. Franklin, Edward R. Gates, David S. Gesner, Richard F. Giunta, Matthew H. Grady, Patricia L. Granahan, Michael A. Greene, Eric P. Greenwald, James M. Hanifin, Jr., John S. Harmon, , Jason M. Honeyman, Gerald B. Hrycyszyn, Jeffrey D. Hsi, Elizabeth A. Hudson, Elisabeth H. Hunt, Robert E. Hunt, Robert A. Jensen, Marc S. Johannes, Oona M. Johnstone, Hunter D. Keeton, Jessamine M. Lee, Sardiaa S. Leney, Christina M. Licursi, Helen C. Lockhart, Chelsea Loughran, Ethan W. Marks, William R. McClellan, Gabriel J. McCool, Marie A. McKiernan, Andrea D. Merin, Kevin Mosier, James H. Morris, Michelle K. Nyein, Timothy J. Oyer, Zachary P. Piccolomini, Michael J. Pomianek, Randy J. Pritzker, Michael N. Rader, Jonathan B. Roses, Daniel G. Rudoy, Edward J. Russavage, Eric J. Rutt, Anant K. Saraswat, Turhan F. Sarwar, Claire E. Schuster, Karan Singh, Amanda Slade, Laura B. Sole, Nathan R. Speed, Charles T. Steenburg, Stephanie G. Stella, John L. Strand, Andrew J. Tibbetts, Maria A. Trevisan, Michael J. Twomey, John R. Van Amsterdam, Ryan M. Van Olst, Janice A. Vatland, Jessica A. vonReyn, Robert H. Walat, Patrick R.H. Waller, Edmund J. Walsh, Jennifer J. Wang, Daniel T. Wehner, John L. Welch, Andrew W. Williams, Douglas R. Wolf, Daniel W. Young, Lock See Yu-Jahnes, Wei Zhang, Chelsea E. Witte-Garcia, Adam Z. Zeiger. Christina M. Licursi of WOLF, GREENFIELD & SACKS, P.C., is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      600 ATLANTIC AVENUE
      BOSTON, Massachusetts 02210-2206
      United States
The docket/reference number is S20172000000.

The phone number is 617-646-8384.

The fax number is (617) 646-8646.

The email address is cxltrademarks@wolfgreenfield.com

Christina M. Licursi 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: CHRISTINA M. LICURSI. CHRISTINA M. LICURSI of WOLF, GREENFIELD & SACKS, P.C., is located at

      600 ATLANTIC AVENUE
      BOSTON, Massachusetts 02210-2206
      US
The docket/reference number is S20172000000.

The phone number is 617-646-8384.

The fax number is (617) 646-8646.

The email address is cxltrademarks@wolfgreenfield.com

The applicants proposed correspondence information: Christina M. Licursi. Christina M. Licursi of WOLF, GREENFIELD & SACKS, P.C., is located at

      600 ATLANTIC AVENUE
      BOSTON, Massachusetts 02210-2206
      United States
The docket/reference number is S20172000000.

The phone number is 617-646-8384.

The fax number is (617) 646-8646.

The email address is cxltrademarks@wolfgreenfield.com

ADDITIONAL STATEMENTS
Disclaimer
No claim is made to the exclusive right to use TECHNOLOGY apart from the mark as shown.


Significance of wording, letter(s), or numeral(s)
OVR and OVR TECHNOLOGY appearing in the mark has no significance nor is it a term of art in the relevant trade or industry or as used in connection with the goods/services/collective membership organization listed in the application, or any geographical significance.


FEE(S)
Fee(s) in the amount of $550 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: /Christina M. Licursi/     Date: 08/27/2019
Signatory's Name: Christina M. Licursi
Signatory's Position: Attorney for Applicant

Signatory's Phone Number: (617) 646-8384

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:    CHRISTINA M. LICURSI
   WOLF, GREENFIELD & SACKS, P.C.
   
   600 ATLANTIC AVENUE
   BOSTON, Massachusetts 02210-2206
Mailing Address:    Christina M. Licursi
   WOLF, GREENFIELD & SACKS, P.C.
   600 ATLANTIC AVENUE
   BOSTON, Massachusetts 02210-2206
        
RAM Sale Number: 88338392
RAM Accounting Date: 08/27/2019
        
Serial Number: 88338392
Internet Transmission Date: Tue Aug 27 16:13:06 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XXX.XX.X-201908271613066455
61-88338392-6107c43a646971342b2c3e5934c6
bb848568445c1df7cff7a9a7ebe3862f1ceda-CC
-13049602-20190827155901105303