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 |
88348941 |
LAW OFFICE ASSIGNED |
LAW OFFICE 115 |
MARK SECTION |
MARK |
http://uspto.report/TM/88348941/mark.png |
LITERAL ELEMENT |
TCL FLEX |
STANDARD CHARACTERS |
YES |
USPTO-GENERATED IMAGE |
YES |
MARK STATEMENT |
The mark consists of standard characters, without claim to any particular font style, size or color. |
ARGUMENT(S) |
In the Official Action, the Examining Attorney noted that no similar registered marks were uncovered which would bar registration of the Applicant Mark on the Principal Register on
likelihood-of-confusion grounds, under Trademark Act Section 2(d).
The Examining Attorney did issue a “Prior-Filed Application Advisory,” noting that Application Nos. 88/248,680, 88/248,689, 88/248,713, and 88/248,724 have filing dates earlier than
Applicant’s filing date, and, accordingly, may serve as a basis for a refusal to register the Applicant Mark, if registered.
It is noted that each of Application Nos. 88/248,680, 88/248,689, 88/248,713, and 88/248,724 has been expressly abandoned, as reflected in the Trademark Office’s on-line
records. Accordingly, there is no possibility of any of these applications serving as a basis for a refusal to register the Applicant Mark.
The Examining Attorney also objected to certain goods as being allegedly indefinite. These goods have been amended/deleted as shown in the following
table:
Current Goods
|
Amended Goods
|
smart bracelets
|
smart bracelets in the nature of wearable computers in the form of a bracelet
|
smart wristbands
|
smart wristbands in the nature of wearable computers in the form of a wristband
|
display screen
|
electronic display screens; flat panel display screens
|
speakers
|
audio speakers; bass speakers; loud speakers; wireless speakers
|
television apparatuses
|
deleted
|
It is noted that a Preliminary Amendment was filed on March 25, 2019 in this case in which “television apparatuses” was deleted. This term is being
deleted again in this response to ensure entry of this deletion.
In view of the foregoing, it is respectfully submitted that the subject application is in condition for approval for publication.
Favorable action is earnestly solicited. If there are any questions or if additional information is required, please contact Applicant’s attorney at
(973) 486-4114.
|
GOODS AND/OR SERVICES SECTION (current) |
INTERNATIONAL CLASS |
009 |
DESCRIPTION |
portable electronic devices for receiving and reading text, images and sound through wireless access; telephones; mobile phones; smart
phones; cell phones; headphones; earphones; tablet computers; portable computers; wearable electronic devices, namely, smart watches, smart bracelets, and smart wristbands; display screens; digital
cameras; portable media players; rechargeable batteries; battery chargers; batteries for phones; batteries for tablet computers; cases for mobile phones, smart phones and tablet computers; speakers;
data cables; USB cables for phones; cables for the transmission of sound and images; televisions; television apparatuses; microphones; electrical adapters; power adapters; power banks in the nature
of rechargeable batteries; computer network hubs |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (proposed) |
INTERNATIONAL CLASS |
009 |
TRACKED TEXT DESCRIPTION |
portable electronic devices for receiving and reading text, images and sound through wireless access;
telephones; mobile phones; smart phones; cell phones; headphones; earphones; tablet computers; portable computers; wearable
electronic devices, namely, smart watches, smart bracelets, and smart wristbands; wearable electronic devices, namely, smart watches, smart bracelets in the
nature of wearable computers in the form of a bracelet, and smart wristbands in the nature of wearable computers in the form of a wristband; display
screens; display screens, namely, electronic display screens, flat panel display screens; digital cameras; portable media players; rechargeable batteries; battery chargers; batteries for phones; batteries for tablet computers; cases for mobile phones, smart phones and tablet computers; speakers; speakers, namely, audio speakers, bass speakers, loud speakers, wireless speakers; data cables; USB cables for
phones; cables for the transmission of sound and images; televisions; television apparatuses;
microphones; electrical adapters; power adapters; power banks in the nature of rechargeable
batteries; computer network hubs |
FINAL DESCRIPTION |
portable electronic devices for receiving and reading text, images and sound through wireless access; telephones; mobile phones; smart
phones; cell phones; headphones; earphones; tablet computers; portable computers; wearable electronic devices, namely, smart watches, smart bracelets in the nature of wearable computers in the form
of a bracelet, and smart wristbands in the nature of wearable computers in the form of a wristband; display screens, namely, electronic display screens, flat panel display screens; digital cameras;
portable media players; rechargeable batteries; battery chargers; batteries for phones; batteries for tablet computers; cases for mobile phones, smart phones and tablet computers; speakers, namely,
audio speakers, bass speakers, loud speakers, wireless speakers; data cables; USB cables for phones; cables for the transmission of sound and images; televisions; microphones; electrical adapters;
power adapters; power banks in the nature of rechargeable batteries; computer network hubs |
FILING BASIS |
Section 1(b) |
SIGNATURE SECTION |
RESPONSE SIGNATURE |
/Ludomir A. Budzyn/ |
SIGNATORY'S NAME |
Ludomir A. Budzyn |
SIGNATORY'S POSITION |
Attorney of record, NJ bar member |
SIGNATORY'S PHONE NUMBER |
973-486-4114 |
DATE SIGNED |
06/26/2019 |
AUTHORIZED SIGNATORY |
YES |
FILING INFORMATION SECTION |
SUBMIT DATE |
Wed Jun 26 11:24:48 EDT 2019 |
TEAS STAMP |
USPTO/ROA-XXX.XX.XXX.XXX-
20190626112448412967-8834
8941-62052a3e514721d90b5a
0b576d9d6f83104fd17c423d2
b22b46d912b05c12244-N/A-N
/A-20190626111505777917 |
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.
88348941 TCL FLEX(Standard Characters, see http://uspto.report/TM/88348941/mark.png) has been amended as follows:
ARGUMENT(S)
In response to the substantive refusal(s), please note the following:
In the Official Action, the Examining Attorney noted that no similar registered marks were uncovered which would bar registration of the Applicant Mark on the Principal Register on
likelihood-of-confusion grounds, under Trademark Act Section 2(d).
The Examining Attorney did issue a “Prior-Filed Application Advisory,” noting that Application Nos. 88/248,680, 88/248,689, 88/248,713, and 88/248,724 have filing dates earlier than
Applicant’s filing date, and, accordingly, may serve as a basis for a refusal to register the Applicant Mark, if registered.
It is noted that each of Application Nos. 88/248,680, 88/248,689, 88/248,713, and 88/248,724 has been expressly abandoned, as reflected in the Trademark Office’s on-line
records. Accordingly, there is no possibility of any of these applications serving as a basis for a refusal to register the Applicant Mark.
The Examining Attorney also objected to certain goods as being allegedly indefinite. These goods have been amended/deleted as shown in the following
table:
Current Goods
|
Amended Goods
|
smart bracelets
|
smart bracelets in the nature of wearable computers in the form of a bracelet
|
smart wristbands
|
smart wristbands in the nature of wearable computers in the form of a wristband
|
display screen
|
electronic display screens; flat panel display screens
|
speakers
|
audio speakers; bass speakers; loud speakers; wireless speakers
|
television apparatuses
|
deleted
|
It is noted that a Preliminary Amendment was filed on March 25, 2019 in this case in which “television apparatuses” was deleted. This term is being
deleted again in this response to ensure entry of this deletion.
In view of the foregoing, it is respectfully submitted that the subject application is in condition for approval for publication.
Favorable action is earnestly solicited. If there are any questions or if additional information is required, please contact Applicant’s attorney at
(973) 486-4114.
CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 009 for portable electronic devices for receiving and reading text, images and sound through wireless access; telephones; mobile phones; smart phones; cell phones; headphones;
earphones; tablet computers; portable computers; wearable electronic devices, namely, smart watches, smart bracelets, and smart wristbands; display screens; digital cameras; portable media players;
rechargeable batteries; battery chargers; batteries for phones; batteries for tablet computers; cases for mobile phones, smart phones and tablet computers; speakers; data cables; USB cables for
phones; cables for the transmission of sound and images; televisions; television apparatuses; microphones; electrical adapters; power adapters; power banks in the nature of rechargeable batteries;
computer network hubs
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: portable electronic devices for receiving and reading text, images and sound through wireless access;
telephones;
mobile phones;
smart phones;
cell phones;
headphones;
earphones;
tablet computers;
portable computers;
wearable electronic devices, namely, smart watches, smart bracelets, and
smart wristbands;
wearable electronic devices, namely, smart watches, smart bracelets in the nature of wearable computers in the form of a bracelet, and smart
wristbands in the nature of wearable computers in the form of a wristband;
display screens;
display screens, namely,
electronic display screens, flat panel display screens;
digital cameras;
portable media players;
rechargeable
batteries;
battery chargers;
batteries for phones;
batteries for tablet computers;
cases
for mobile phones, smart phones and tablet computers;
speakers;
speakers, namely, audio speakers, bass speakers, loud
speakers, wireless speakers;
data cables;
USB cables for phones;
cables for the transmission of sound and
images;
televisions;
television apparatuses;
microphones;
electrical
adapters;
power adapters;
power banks in the nature of rechargeable batteries;
computer network hubsClass 009
for portable electronic devices for receiving and reading text, images and sound through wireless access; telephones; mobile phones; smart phones; cell phones; headphones; earphones; tablet
computers; portable computers; wearable electronic devices, namely, smart watches, smart bracelets in the nature of wearable computers in the form of a bracelet, and smart wristbands in the nature of
wearable computers in the form of a wristband; display screens, namely, electronic display screens, flat panel display screens; digital cameras; portable media players; rechargeable batteries;
battery chargers; batteries for phones; batteries for tablet computers; cases for mobile phones, smart phones and tablet computers; speakers, namely, audio speakers, bass speakers, loud speakers,
wireless speakers; data cables; USB cables for phones; cables for the transmission of sound and images; televisions; microphones; electrical adapters; power adapters; power banks in the nature of
rechargeable batteries; computer network hubs
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.
SIGNATURE(S)
Response Signature
Signature: /Ludomir A. Budzyn/ Date: 06/26/2019
Signatory's Name: Ludomir A. Budzyn
Signatory's Position: Attorney of record, NJ bar member
Signatory's Phone Number: 973-486-4114
The signatory has confirmed that he/she is an attorney who is a member in good standing of the bar of the highest court of a U.S. state, which includes the District of Columbia, Puerto Rico, and
other federal territories and possessions; 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. attorney or a Canadian attorney/agent not currently associated with his/her company/firm previously represented the owner/holder in this matter: (1) the owner/holder has filed or is concurrently
filing a signed revocation of or substitute power of attorney with the USPTO; (2) the USPTO has granted the request of the prior representative to withdraw; (3) the owner/holder has filed a power of
attorney appointing him/her in this matter; or (4) the owner's/holder's appointed U.S. attorney or Canadian attorney/agent has filed a power of attorney appointing him/her as an associate attorney in
this matter.
Serial Number: 88348941
Internet Transmission Date: Wed Jun 26 11:24:48 EDT 2019
TEAS Stamp: USPTO/ROA-XXX.XX.XXX.XXX-201906261124484
12967-88348941-62052a3e514721d90b5a0b576
d9d6f83104fd17c423d2b22b46d912b05c12244-
N/A-N/A-20190626111505777917