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. 88346529 MATRIX (Stylized and/or with Design, see http://uspto.report/TM/88346529/mark.png) has been amended as follows:

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

The Examining Attorney has refused registration because she believes there to be a likelihood of confusion between the applicant's mark and the marks shown in the cited registration based on the shared literal elements among the marks and the purported relatedness of the goods and services offered under the mark. Applicant respectfully disagrees and submits that, as reflected in the amended descriptions of goods being submitted with this Response, Applicant's goods and services are sufficiently distinct from those offered under the cited marks as to make consumer confusion highly unlikely. Accordingly, Applicant requests withdrawal of the refusal to register and approval of the application for publication and registration.

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 009 for a smartwatch that measures the user's ability to convert body heat to electric power using a thermoelectric element; smartwatch and wearable activity tracker that measures the user's activity, steps taken, and sleep patterns and features a compass, altimeter, power meter, and wireless communication channel; downloadable mobile app that communicates with the user's smartwatch and wearable activity tracker to record and display data regarding the user's activity, steps taken, sleep patterns, direction, and altitude; smartwatch and wearable activity tracker that is powered by the user's body heat using thermoelectric technology; downloadable mobile app that communicates with the user's smartwatch and wearable activity tracker to record and display the user's electrical power generation; apparatus for converting thermal energy to electrical energy, namely, thermoelectric converters; beacons and sensors for Internet of Things devices; energy harvesting devices; thermoelectric components for incorporation into other devices
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: a smartwatch that measures the user's ability to convert body heat to electric power using a thermoelectric element; smartwatch and wearable activity tracker that measures the user's activity, steps taken, and sleep patterns and features a compass, altimeter, power meter, and wireless communication channel; downloadable mobile app that communicates with the user's smartwatch and wearable activity tracker to record and display data regarding the user's activity, steps taken, sleep patterns, direction, and altitude; smartwatch and wearable activity tracker that is powered by the user's body heat using thermoelectric technology; downloadable mobile app that communicates with the user's smartwatch and wearable activity tracker to record and display the user's electrical power generation; apparatus for converting thermal energy to electrical energy, namely, thermoelectric converters; apparatus for converting thermal energy to electrical energy, namely, thermoelectric converters, not including ac and dc power converters or electronic controls therefor; beacons and sensors for Internet of Things devices; location beacons and beacons in the nature of wireless transmitters and sensors in the nature of temperature, environmental, weather, smoke, motion and sound sensors for Internet of Things devices; energy harvesting devices; thermoelectric components for incorporation into other devices; thermoelectric components for incorporation into other devices, not including ac and dc power converters or electronic controls thereforClass 009 for a smartwatch that measures the user's ability to convert body heat to electric power using a thermoelectric element; smartwatch and wearable activity tracker that measures the user's activity, steps taken, and sleep patterns and features a compass, altimeter, power meter, and wireless communication channel; downloadable mobile app that communicates with the user's smartwatch and wearable activity tracker to record and display data regarding the user's activity, steps taken, sleep patterns, direction, and altitude; smartwatch and wearable activity tracker that is powered by the user's body heat using thermoelectric technology; downloadable mobile app that communicates with the user's smartwatch and wearable activity tracker to record and display the user's electrical power generation; apparatus for converting thermal energy to electrical energy, namely, thermoelectric converters, not including ac and dc power converters or electronic controls therefor; location beacons and beacons in the nature of wireless transmitters and sensors in the nature of temperature, environmental, weather, smoke, motion and sound sensors for Internet of Things devices; energy harvesting devices; thermoelectric components for incorporation into other devices, not including ac and dc power converters or electronic controls therefor
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 refrigeration equipment, namely, namely, rapid chilling units for household use; home refrigeration unites for rapidly chilling or freezer food and beverages; thermoelectric cooling materials; HVAC units; refrigerators
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: refrigeration equipment, namely, namely, rapid chilling units for household use; home refrigeration unites for rapidly chilling or freezer food and beverages; home refrigeration units for rapidly chilling or freezer food and beverages; thermoelectric cooling materials; HVAC units; refrigeratorsClass 011 for refrigeration equipment, namely, namely, rapid chilling units for household use; home refrigeration units for rapidly chilling or freezer food and beverages; thermoelectric cooling materials; refrigerators
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: Heather E. Balmat. Heather E. Balmat of BALMAT LAW, PLLC, is located at

      977 SEMINOLE TR., #342
      CHARLOTTESVILLE, Virginia 22901
      US
The docket/reference number is 01122.

The phone number is 434-260-1837.

The fax number is 434-473-6738.

The email address is hbalmat@balmatlaw.com

The applicants proposed attorney information: Heather E. Balmat. Heather E. Balmat of BALMAT LAW, PLLC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      977 SEMINOLE TR., #342
      CHARLOTTESVILLE, Virginia 22901
      United States
The docket/reference number is 01122.

The phone number is 434-260-1837.

The fax number is 434-473-6738.

The email address is hbalmat@balmatlaw.com

Heather E. Balmat 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: HEATHER E. BALMAT. HEATHER E. BALMAT of BALMAT LAW, PLLC, is located at

      977 SEMINOLE TR., #342
      CHARLOTTESVILLE, Virginia 22901
      US
The docket/reference number is 01122.

The phone number is 434-260-1837.

The fax number is 434-473-6738.

The email address is hbalmat@balmatlaw.com

The applicants proposed correspondence information: Heather E. Balmat. Heather E. Balmat of BALMAT LAW, PLLC, is located at

      977 SEMINOLE TR., #342
      CHARLOTTESVILLE, Virginia 22901
      United States
The docket/reference number is 01122.

The phone number is 434-260-1837.

The fax number is 434-473-6738.

The email address is hbalmat@balmatlaw.com

ADDITIONAL STATEMENTS
Description of mark
The mark consists of a straight horizontal line and a wavy horizontal line, with both lines connected to each other at the ends and the wavy line crossing over the straight line at two points, with the stylized word "MATRIX" below the design.

SIGNATURE(S)
Response Signature
Signature: /Heather E. Balmat/     Date: 11/18/2019
Signatory's Name: Heather E. Balmat
Signatory's Position: Attorney of record, Massachusetts and Virginia bar member

Signatory's Phone Number: 4342601837

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:    HEATHER E. BALMAT
   BALMAT LAW, PLLC
   
   977 SEMINOLE TR., #342
   CHARLOTTESVILLE, Virginia 22901
Mailing Address:    Heather E. Balmat
   BALMAT LAW, PLLC
   977 SEMINOLE TR., #342
   CHARLOTTESVILLE, Virginia 22901
        
Serial Number: 88346529
Internet Transmission Date: Mon Nov 18 16:45:31 EST 2019
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XXX-201911181645317
75703-88346529-700136bb88678808cdc3a22a0
c71ad17b36b44e6a596c656f83c781d3c9d1ffec
4-N/A-N/A-20191118163944153876