TEAS Request Reconsideration after FOA

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 1960 (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 1960 (Rev 10/2011)

OMB No. 0651-0050 (Exp 09/20/2020)

Request for Reconsideration after Final Action

To the Commissioner for Trademarks:

Application serial no. 88350877 NVIDIA SFF(Standard Characters, see http://uspto.report/TM/88350877/mark.png) has been amended as follows:

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

Applicant hereby responds to the December 3, 2019 final Office Action. In the Office Action, the Examining Attorney requested further clarification of some of the goods in class 9. With respect to the wording "downloadable machine learning software" and "downloadable neural network software," Applicant respectfully submits that these goods are sufficiently definite. Applicant notes that the same or similar wording was accepted in prior applications by the same Applicant that have been allowed, including US Application Nos. 87754260, 87824681, and 87850856. Applicant respectfully requests that the same wording be accepted in this application. As Applicant has otherwise amended the identification of goods and services in response to the Examining Attorney's requests for clarification, Applicant respectfully requests that the mark be approved for publication as to all the amended goods and services.

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following:
Current: Class 009 for Electronic computing platform for operating self-driving and autonomous land vehicles; self-driving and autonomous land vehicle electronic driving system and equipment in the nature of artificial intelligence, machine learning, deep learning, high performance computing, and simulation software and hardware; computers; artificial intelligence computers; supercomputers; artificial intelligence supercomputers; graphics processing units (GPUs); graphics processing units (GPUs) in the nature of computer hardware for enhancing graphical and video display; integrated circuits; integrated circuits for enhancing graphical and video display; semiconductors and semiconductor chip sets; system-on-chip (SOC) processors; electronic computer vision accelerators, namely, artificial intelligence, machine learning, deep learning, high performance computing, and simulation hardware and software; downloadable computer software for performing computer graphics operations and improving graphical and video display capabilities; computer graphics software for improving display quality; downloadable computer graphics software for enhancement of graphical and video display; downloadable computer graphics firmware for enhancement of graphical and video display; downloadable computer software for the display of digital media; computer hardware and downloadable software, and communications hardware and downloadable software for the operation, control, maintenance, and management of land vehicles, self-driving and autonomous land vehicles and land vehicle components, for land vehicle navigation, for travel and trip planning, for communications and for collecting, tracking, analyzing, and reporting data and information in the field of self-driving and autonomous land vehicles; electronic control systems for land motor vehicles; liquid crystal display (LCD) monitors; computer monitors; electronic display screens; electronic display interfaces; liquid crystal displays; flat panel display screens; downloadable computer software development tools; downloadable computer software and computer hardware for machine learning, deep learning, natural language generation, statistical learning, supervised learning, unsupervised learning, data mining, predictive analytics and business intelligence; downloadable computer software for data management, analytics and pattern and activity recognition; downloadable neural network software; downloadable machine learning software; application programming interface (API) for use in building software applications; downloadable software development kits (SDKs) consisting of computer software development tools for the development of self-driving and autonomous land vehicle electronic computing platforms and systems; downloadable software development kits (SDKs) comprising of software development tools and software for use as an application programming interface (API) for creating software and applications related to the development of self-driving and autonomous land vehicle electronic computing platforms and systems; downloadable computer software, namely, an interpretive interface for facilitating interaction between humans and machines; downloadable software for object tracking, motion control and content visualization; downloadable computer software, firmware and computer hardware for use in visual, voice, audio, motion, eye and gesture tracking and recognition; computer hardware and downloadable software for operating sensor devices; electronic sensor devices, cameras, and microphones for gesture, facial, and voice detection, capture and recognition; computer hardware and downloadable software for detecting objects, user gestures and commands; downloadable computer software and firmware for enabling computer hardware and electronic devices to share data and communicate with each other
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: Electronic computing platform for operating self-driving and autonomous land vehicles; self-driving and autonomous land vehicle electronic driving system and equipment in the nature of artificial intelligence, machine learning, deep learning, high performance computing, and simulation software and hardware; computers; artificial intelligence computers; supercomputers; artificial intelligence supercomputers; graphics processing units (GPUs); graphics processing units (GPUs) in the nature of computer hardware for enhancing graphical and video display; integrated circuits; integrated circuits for enhancing graphical and video display; semiconductors and semiconductor chip sets; system-on-chip (SOC) processors; electronic computer vision accelerators, namely, artificial intelligence, machine learning, deep learning, high performance computing, and simulation hardware and software; electronic computer vision accelerators, namely, artificial intelligence, machine learning, deep learning, high performance computing, and simulation hardware and downloadable computer software; downloadable computer software for performing computer graphics operations and improving graphical and video display capabilities; computer graphics software for improving display quality; downloadable computer graphics software for enhancement of graphical and video display; downloadable computer graphics firmware for enhancement of graphical and video display; downloadable computer software for the display of digital media; computer hardware and downloadable software, and communications hardware and downloadable software for the operation, control, maintenance, and management of land vehicles, self-driving and autonomous land vehicles and land vehicle components, for land vehicle navigation, for travel and trip planning, for communications and for collecting, tracking, analyzing, and reporting data and information in the field of self-driving and autonomous land vehicles; electronic control systems for land motor vehicles; liquid crystal display (LCD) monitors; computer monitors; electronic display screens; electronic display interfaces; liquid crystal displays; flat panel display screens; downloadable computer software development tools; downloadable computer software and computer hardware for machine learning, deep learning, natural language generation, statistical learning, supervised learning, unsupervised learning, data mining, predictive analytics and business intelligence; downloadable computer software for data management, analytics and pattern and activity recognition; downloadable neural network software; downloadable machine learning software; application programming interface (API) for use in building software applications; downloadable application programming interface (API) software for use in building software applications; downloadable software development kits (SDKs) consisting of computer software development tools for the development of self-driving and autonomous land vehicle electronic computing platforms and systems; downloadable software development kits (SDKs) comprising of software development tools and software for use as an application programming interface (API) for creating software and applications related to the development of self-driving and autonomous land vehicle electronic computing platforms and systems; downloadable computer software, namely, an interpretive interface for facilitating interaction between humans and machines; downloadable software for object tracking, motion control and content visualization; downloadable computer software for object tracking, motion control and content visualization; downloadable computer software, firmware and computer hardware for use in visual, voice, audio, motion, eye and gesture tracking and recognition; computer hardware and downloadable software for operating sensor devices; electronic sensor devices, cameras, and microphones for gesture, facial, and voice detection, capture and recognition; computer hardware and downloadable software for detecting objects, user gestures and commands; downloadable computer software and firmware for enabling computer hardware and electronic devices to share data and communicate with each otherClass 009 for Electronic computing platform for operating self-driving and autonomous land vehicles; self-driving and autonomous land vehicle electronic driving system and equipment in the nature of artificial intelligence, machine learning, deep learning, high performance computing, and simulation software and hardware; computers; artificial intelligence computers; supercomputers; artificial intelligence supercomputers; graphics processing units (GPUs); graphics processing units (GPUs) in the nature of computer hardware for enhancing graphical and video display; integrated circuits; integrated circuits for enhancing graphical and video display; semiconductors and semiconductor chip sets; system-on-chip (SOC) processors; electronic computer vision accelerators, namely, artificial intelligence, machine learning, deep learning, high performance computing, and simulation hardware and downloadable computer software; downloadable computer software for performing computer graphics operations and improving graphical and video display capabilities; computer graphics software for improving display quality; downloadable computer graphics software for enhancement of graphical and video display; downloadable computer graphics firmware for enhancement of graphical and video display; downloadable computer software for the display of digital media; computer hardware and downloadable software, and communications hardware and downloadable software for the operation, control, maintenance, and management of land vehicles, self-driving and autonomous land vehicles and land vehicle components, for land vehicle navigation, for travel and trip planning, for communications and for collecting, tracking, analyzing, and reporting data and information in the field of self-driving and autonomous land vehicles; electronic control systems for land motor vehicles; liquid crystal display (LCD) monitors; computer monitors; electronic display screens; electronic display interfaces; liquid crystal displays; flat panel display screens; downloadable computer software development tools; downloadable computer software and computer hardware for machine learning, deep learning, natural language generation, statistical learning, supervised learning, unsupervised learning, data mining, predictive analytics and business intelligence; downloadable computer software for data management, analytics and pattern and activity recognition; downloadable neural network software ; downloadable machine learning software; downloadable application programming interface (API) software for use in building software applications; downloadable software development kits (SDKs) consisting of computer software development tools for the development of self-driving and autonomous land vehicle electronic computing platforms and systems; downloadable software development kits (SDKs) comprising of software development tools and software for use as an application programming interface (API) for creating software and applications related to the development of self-driving and autonomous land vehicle electronic computing platforms and systems; downloadable computer software, namely, an interpretive interface for facilitating interaction between humans and machines; downloadable computer software for object tracking, motion control and content visualization; downloadable computer software, firmware and computer hardware for use in visual, voice, audio, motion, eye and gesture tracking and recognition; computer hardware and downloadable software for operating sensor devices; electronic sensor devices, cameras, and microphones for gesture, facial, and voice detection, capture and recognition; computer hardware and downloadable software for detecting objects, user gestures and commands; downloadable computer software and firmware for enabling computer hardware and electronic devices to share data and communicate with each other
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.

OWNER AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: NVIDIA Corporation, a corporation of Delaware, having an address of
      2788 San Tomas Expressway
      Santa Clara, California 95051
      United States

Proposed: NVIDIA Corporation, a corporation of Delaware, having an address of
      2788 San Tomas Expressway
      Santa Clara, California 95051
      United States
      Email Address: XXXX
Correspondence Information (current):
      Sally M. Abel, Esq.
      PRIMARY EMAIL FOR CORRESPONDENCE: trademarks@fenwick.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

The docket/reference number is 25999-70127.
Correspondence Information (proposed):
      Sally M. Abel, Esq.
      PRIMARY EMAIL FOR CORRESPONDENCE: trademarks@fenwick.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): kfalco@fenwick.com

The docket/reference number is 25999-70127.

Requirement for Email and Electronic Filing: I understand that a valid email address must be maintained by the owner/holder and the owner's/holder's attorney, if appointed, and that all official trademark correspondence must be submitted via the Trademark Electronic Application System (TEAS).

SIGNATURE(S)
Request for Reconsideration Signature
Signature: /alongobucco/     Date: 05/28/2020
Signatory's Name: Anne Marie Longobucco, Esq.
Signatory's Position: Associate Attorney, Fenwick & West LLP, New York Bar member

Signatory's Phone Number: 212-921-2001

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.

The applicant is not filing a Notice of Appeal in conjunction with this Request for Reconsideration.

Mailing Address:    Sally M. Abel, Esq.
   FENWICK & WEST LLP
   801 California Street
   
   Mountain View, California 94041
Mailing Address:    Sally M. Abel, Esq.
   FENWICK & WEST LLP
   801 California Street
   
   Mountain View, California 94041
        
Serial Number: 88350877
Internet Transmission Date: Thu May 28 19:11:32 ET 2020
TEAS Stamp: USPTO/RFR-X.XX.XXX.XXX-20200528191132309
751-88350877-710b7c8ae7b2b85bcdf186f6d1f
87ec6aa54f8a479db68e22b62e2552246813f-N/
A-N/A-20200528185720629853