Response to Office Action

ASI

ASI Computer Technologies, Inc

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)

Response to Office Action


The table below presents the data as entered.

Input Field
Entered
SERIAL NUMBER 88346245
LAW OFFICE ASSIGNED LAW OFFICE 113
MARK SECTION (current)
MARK FILE NAME http://uspto.report/TM/88346245/mark.png
LITERAL ELEMENT ASI
STANDARD CHARACTERS NO
USPTO-GENERATED IMAGE NO
COLOR(S) CLAIMED
(If applicable)
The color(s) yellow and blue is/are claimed as a feature of the mark.
DESCRIPTION OF THE MARK
(and Color Location, if applicable)
The mark consists of a yellow circle to the left of a blue triangle which slightly encloses the yellow dot, and to the right of the triangle are the letters "ASI" in blue.
MARK SECTION (proposed)
MARK FILE NAME \\TICRS\EXPORT17\IMAGEOUT 17\883\462\88346245\xml5\ ROA0002.JPG
LITERAL ELEMENT ASI
STANDARD CHARACTERS NO
USPTO-GENERATED IMAGE NO
COLOR MARK YES
COLOR(S) CLAIMED
(If applicable)
The color(s) yellow and blue is/are claimed as a feature of the mark.
DESCRIPTION OF THE MARK
(and Color Location, if applicable)
The mark consists of a yellow circle to the left of a blue triangle which slightly encloses the yellow dot, and to the right of the triangle are the letters "ASI" in blue.
PIXEL COUNT ACCEPTABLE YES
PIXEL COUNT 700 x 300
ARGUMENT(S)
Please see the Evidence section for a PDF containing the arguments and evidence in support thereof.
EVIDENCE SECTION
        EVIDENCE FILE NAME(S)
       ORIGINAL PDF FILE evi_18121463108-20190925133332139481_._ASI_OAR_09.25.19_TO_FILE.pdf
       CONVERTED PDF FILE(S)
       (24 pages)
\\TICRS\EXPORT17\IMAGEOUT17\883\462\88346245\xml5\ROA0003.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\883\462\88346245\xml5\ROA0004.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\883\462\88346245\xml5\ROA0005.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\883\462\88346245\xml5\ROA0006.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\883\462\88346245\xml5\ROA0007.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\883\462\88346245\xml5\ROA0008.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\883\462\88346245\xml5\ROA0009.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\883\462\88346245\xml5\ROA0010.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\883\462\88346245\xml5\ROA0011.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\883\462\88346245\xml5\ROA0012.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\883\462\88346245\xml5\ROA0013.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\883\462\88346245\xml5\ROA0014.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\883\462\88346245\xml5\ROA0015.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\883\462\88346245\xml5\ROA0016.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\883\462\88346245\xml5\ROA0017.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\883\462\88346245\xml5\ROA0018.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\883\462\88346245\xml5\ROA0019.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\883\462\88346245\xml5\ROA0020.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\883\462\88346245\xml5\ROA0021.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\883\462\88346245\xml5\ROA0022.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\883\462\88346245\xml5\ROA0023.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\883\462\88346245\xml5\ROA0024.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\883\462\88346245\xml5\ROA0025.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\883\462\88346245\xml5\ROA0026.JPG
DESCRIPTION OF EVIDENCE FILE A PDF containing arguments and evidence in support of reversing the Section 2(d) likelihood of confusion refusal in connection with the cited registration, and prior-pending application. Other issues raised in the Office Action are addressed in the appropriate sections in this Response.
GOODS AND/OR SERVICES SECTION (current)
INTERNATIONAL CLASS 035
DESCRIPTION
On-line wholesale and retail store services featuring electronic and computer goods and accessories and distributorship services featuring electronic and computer goods and accessories
FILING BASIS Section 1(a)
        FIRST USE ANYWHERE DATE At least as early as 12/31/1987
        FIRST USE IN COMMERCE DATE At least as early as 12/31/1987
GOODS AND/OR SERVICES SECTION (proposed)
INTERNATIONAL CLASS 035
TRACKED TEXT DESCRIPTION
On-line wholesale and retail store services featuring electronic and computer goods and accessories and distributorship services featuring electronic and computer goods and accessories; On-line wholesale and retail store services featuring electronic goods, namely, computers, tablets, computer monitors, displays, projectors, CPUs, memory, headphones, speakers, power supply, drones, fans and heat control components, printers, cables, cases, keyboards, mice, security and surveillance systems and components, drivers, storage systems, laptops, motherboards, enclosures, servers, drives, soundcards, networking components scanners, software, adapters, video cards, and computer goods and accessories, and distributorship services featuring electronic goods, namely, computers, tablets, computer monitors, displays, projectors, CPUs, memory, headphones, speakers, power supply, drones, fans and heat control components, printers, cables, cases, keyboards, mice, security and surveillance systems and components, drivers, storage systems, laptops, motherboards, enclosures, servers, drives, soundcards, networking components scanners, software, adapters, video cards, and computer goods and accessories.
FINAL DESCRIPTION
On-line wholesale and retail store services featuring electronic goods, namely, computers, tablets, computer monitors, displays, projectors, CPUs, memory, headphones, speakers, power supply, drones, fans and heat control components, printers, cables, cases, keyboards, mice, security and surveillance systems and components, drivers, storage systems, laptops, motherboards, enclosures, servers, drives, soundcards, networking components scanners, software, adapters, video cards, and computer goods and accessories, and distributorship services featuring electronic goods, namely, computers, tablets, computer monitors, displays, projectors, CPUs, memory, headphones, speakers, power supply, drones, fans and heat control components, printers, cables, cases, keyboards, mice, security and surveillance systems and components, drivers, storage systems, laptops, motherboards, enclosures, servers, drives, soundcards, networking components scanners, software, adapters, video cards, and computer goods and accessories.
FILING BASIS Section 1(a)
       FIRST USE ANYWHERE DATE At least as early as 12/31/1987
       FIRST USE IN COMMERCE DATE At least as early as 12/31/1987
ATTORNEY SECTION (current)
NAME Daniel Griffith
ATTORNEY BAR MEMBERSHIP NUMBER NOT SPECIFIED
YEAR OF ADMISSION NOT SPECIFIED
U.S. STATE/ COMMONWEALTH/ TERRITORY NOT SPECIFIED
FIRM NAME GRIFFITH IP
INTERNAL ADDRESS SUITE 4-2002
STREET 400 WEST PEACHTREE ST NW
CITY ATLANTA
STATE Georgia
POSTAL CODE 30308
COUNTRY US
PHONE 844-732-3300
EMAIL dg@griffithip.com
AUTHORIZED TO COMMUNICATE VIA EMAIL Yes
ATTORNEY SECTION (proposed)
NAME Daniel Griffith
ATTORNEY BAR MEMBERSHIP NUMBER XXX
YEAR OF ADMISSION XXXX
U.S. STATE/ COMMONWEALTH/ TERRITORY XX
FIRM NAME GRIFFITH IP
INTERNAL ADDRESS SUITE 4-2002
STREET 400 WEST PEACHTREE ST NW
CITY ATLANTA
STATE Georgia
POSTAL CODE 30308
COUNTRY United States
PHONE 844-732-3300
EMAIL dg@griffithip.com
AUTHORIZED TO COMMUNICATE VIA EMAIL Yes
CORRESPONDENCE SECTION (current)
NAME DANIEL GRIFFITH
FIRM NAME GRIFFITH IP
INTERNAL ADDRESS SUITE 4-2002
STREET 400 WEST PEACHTREE ST NW
CITY ATLANTA
STATE Georgia
POSTAL CODE 30308
COUNTRY US
PHONE 844-732-3300
EMAIL dg@griffithip.com
AUTHORIZED TO COMMUNICATE VIA EMAIL Yes
CORRESPONDENCE SECTION (proposed)
NAME Daniel Griffith
FIRM NAME GRIFFITH IP
INTERNAL ADDRESS SUITE 4-2002
STREET 400 WEST PEACHTREE ST NW
CITY ATLANTA
STATE Georgia
POSTAL CODE 30308
COUNTRY United States
PHONE 844-732-3300
EMAIL dg@griffithip.com
AUTHORIZED TO COMMUNICATE VIA EMAIL Yes
SIGNATURE SECTION
RESPONSE SIGNATURE /Daniel Griffith/
SIGNATORY'S NAME Daniel Griffith
SIGNATORY'S POSITION Attorney of Record, Georgia Bar Member
SIGNATORY'S PHONE NUMBER 844.732.3300
DATE SIGNED 09/25/2019
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Wed Sep 25 13:49:26 EDT 2019
TEAS STAMP USPTO/ROA-XXX.XXX.XX.XXX-
20190925134926499775-8834
6245-610ef4baf95cbb41d123
2b2f6ac47969d1e2a780ba424
e6f9565fd6e61ad7facf8-N/A
-N/A-20190925133332139481



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. 88346245 ASI (Stylized and/or with Design, see http://uspto.report/TM/88346245/mark.png) has been amended as follows:

MARK
Applicant proposes to amend the mark as follows:
Current: ASI (Stylized and/or with Design, see http://uspto.report/TM/88346245/mark.png)
Proposed: ASI (Stylized and/or with Design, see mark)
The color(s) yellow and blue is/are claimed as a feature of the mark.
The mark consists of a yellow circle to the left of a blue triangle which slightly encloses the yellow dot, and to the right of the triangle are the letters "ASI" in blue.

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

Please see the Evidence section for a PDF containing the arguments and evidence in support thereof.

EVIDENCE
Evidence in the nature of A PDF containing arguments and evidence in support of reversing the Section 2(d) likelihood of confusion refusal in connection with the cited registration, and prior-pending application. Other issues raised in the Office Action are addressed in the appropriate sections in this Response. has been attached.
Original PDF file:
evi_18121463108-20190925133332139481_._ASI_OAR_09.25.19_TO_FILE.pdf
Converted PDF file(s) ( 24 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Evidence-6
Evidence-7
Evidence-8
Evidence-9
Evidence-10
Evidence-11
Evidence-12
Evidence-13
Evidence-14
Evidence-15
Evidence-16
Evidence-17
Evidence-18
Evidence-19
Evidence-20
Evidence-21
Evidence-22
Evidence-23
Evidence-24

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 035 for On-line wholesale and retail store services featuring electronic and computer goods and accessories and distributorship services featuring electronic and computer goods and accessories
Original Filing Basis:
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant'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 12/31/1987 and first used in commerce at least as early as 12/31/1987 , and is now in use in such commerce.

Proposed:
Tracked Text Description: On-line wholesale and retail store services featuring electronic and computer goods and accessories and distributorship services featuring electronic and computer goods and accessories; On-line wholesale and retail store services featuring electronic goods, namely, computers, tablets, computer monitors, displays, projectors, CPUs, memory, headphones, speakers, power supply, drones, fans and heat control components, printers, cables, cases, keyboards, mice, security and surveillance systems and components, drivers, storage systems, laptops, motherboards, enclosures, servers, drives, soundcards, networking components scanners, software, adapters, video cards, and computer goods and accessories, and distributorship services featuring electronic goods, namely, computers, tablets, computer monitors, displays, projectors, CPUs, memory, headphones, speakers, power supply, drones, fans and heat control components, printers, cables, cases, keyboards, mice, security and surveillance systems and components, drivers, storage systems, laptops, motherboards, enclosures, servers, drives, soundcards, networking components scanners, software, adapters, video cards, and computer goods and accessories.Class 035 for On-line wholesale and retail store services featuring electronic goods, namely, computers, tablets, computer monitors, displays, projectors, CPUs, memory, headphones, speakers, power supply, drones, fans and heat control components, printers, cables, cases, keyboards, mice, security and surveillance systems and components, drivers, storage systems, laptops, motherboards, enclosures, servers, drives, soundcards, networking components scanners, software, adapters, video cards, and computer goods and accessories, and distributorship services featuring electronic goods, namely, computers, tablets, computer monitors, displays, projectors, CPUs, memory, headphones, speakers, power supply, drones, fans and heat control components, printers, cables, cases, keyboards, mice, security and surveillance systems and components, drivers, storage systems, laptops, motherboards, enclosures, servers, drives, soundcards, networking components scanners, software, adapters, video cards, and computer goods and accessories.
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant'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 12/31/1987 and first used in commerce at least as early as 12/31/1987 , and is now in use in such commerce.
The applicant's current attorney information: Daniel Griffith. Daniel Griffith of GRIFFITH IP, is located at

      SUITE 4-2002
      400 WEST PEACHTREE ST NW
      ATLANTA, Georgia 30308
      US

The phone number is 844-732-3300.

The email address is dg@griffithip.com

The applicants proposed attorney information: Daniel Griffith. Daniel Griffith of GRIFFITH IP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      SUITE 4-2002
      400 WEST PEACHTREE ST NW
      ATLANTA, Georgia 30308
      United States

The phone number is 844-732-3300.

The email address is dg@griffithip.com

Daniel Griffith 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: DANIEL GRIFFITH. DANIEL GRIFFITH of GRIFFITH IP, is located at

      SUITE 4-2002
      400 WEST PEACHTREE ST NW
      ATLANTA, Georgia 30308
      US

The phone number is 844-732-3300.

The email address is dg@griffithip.com

The applicants proposed correspondence information: Daniel Griffith. Daniel Griffith of GRIFFITH IP, is located at

      SUITE 4-2002
      400 WEST PEACHTREE ST NW
      ATLANTA, Georgia 30308
      United States

The phone number is 844-732-3300.

The email address is dg@griffithip.com

SIGNATURE(S)
Response Signature
Signature: /Daniel Griffith/     Date: 09/25/2019
Signatory's Name: Daniel Griffith
Signatory's Position: Attorney of Record, Georgia Bar Member

Signatory's Phone Number: 844.732.3300

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:    DANIEL GRIFFITH
   GRIFFITH IP
   SUITE 4-2002
   400 WEST PEACHTREE ST NW
   ATLANTA, Georgia 30308
Mailing Address:    Daniel Griffith
   GRIFFITH IP
   SUITE 4-2002
   400 WEST PEACHTREE ST NW
   ATLANTA, Georgia 30308
        
Serial Number: 88346245
Internet Transmission Date: Wed Sep 25 13:49:26 EDT 2019
TEAS Stamp: USPTO/ROA-XXX.XXX.XX.XXX-201909251349264
99775-88346245-610ef4baf95cbb41d1232b2f6
ac47969d1e2a780ba424e6f9565fd6e61ad7facf
8-N/A-N/A-20190925133332139481


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