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. 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