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)

---

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. 88350980 UBIQUITOUS TPV(Standard Characters, see http://uspto.report/TM/88350980/mark.png) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 002 for Optical coating; optical coating for glass; optical coating sold as an integral part of glass; optical coating for use in energy harvesting; optical coating for exterior surface of vehicles
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: Optical coating; optical coating for glass; optical coating sold as an integral part of glass; optical coating for use in energy harvesting; optical coating for exterior surface of vehiclesClass 002 for Optical coating; optical coating for glass; optical coating for use in energy harvesting; optical coating for exterior surface of vehicles
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 012 for Glass windows for vehicles
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: Glass windows for vehicles; Glass windows for vehicles with an optical coating sold as an integral part of the glassClass 012 for Glass windows for vehicles; Glass windows for vehicles with an optical coating sold as an integral part of the glass
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 019 for Glass for building and construction; construction and building materials, namely, glass panels and panes having diffractive or refractive elements for use in energy harvesting; construction and building materials, namely, glass panels and panes incorporating optical coatings for use in energy harvesting; non-metal windows; glass façade panels; non-metal greenhouse panels; non-metal windows, glass façade panels for building purposes and non-metal greenhouse panels incorporating optical coatings for use in energy harvesting; optical coating sold as an integral part of building glass
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: Glass for building and construction; construction and building materials, namely, glass panels and panes having diffractive or refractive elements for use in energy harvesting; construction and building materials, namely, glass panels and panes incorporating optical coatings for use in energy harvesting; non-metal windows; glass façade panels; glass façade panels for building; non-metal greenhouse panels; non-metal windows, glass façade panels for building purposes and non-metal greenhouse panels incorporating optical coatings for use in energy harvesting; optical coating sold as an integral part of building glassClass 019 for Glass for building and construction; construction and building materials, namely, glass panels and panes having diffractive or refractive elements for use in energy harvesting; construction and building materials, namely, glass panels and panes incorporating optical coatings for use in energy harvesting; non-metal windows; glass façade panels for building; non-metal greenhouse panels; non-metal windows, glass façade panels for building purposes and non-metal greenhouse panels incorporating optical coatings for use in energy harvesting; optical coating sold as an integral part of building glass
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: Margaret McHugh. Margaret McHugh of KILPATRICK TOWNSEND & STOCKTON LLP, is located at

      1100 PEACHTREE STREET, SUITE 2800
      MAILSTOP: IP DOCKETING - 22
      ATLANTA, Georgia 30309
      US
The docket/reference number is 1131872.

The phone number is 415-576-0200.

The fax number is 4155760300.

The email address is mmchugh@kilpatricktownsend.com

The applicants proposed attorney information: Margaret McHugh. Margaret McHugh of KILPATRICK TOWNSEND & STOCKTON LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      Two Embarcadero Center, Suite 1900
      San Francisco, California 94111
      United States
The docket/reference number is 1131872.

The phone number is 415-576-0200.

The fax number is 4155760300.

The email address is tmadmin@kilpatricktownsend.com

Margaret McHugh 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: MARGARET MCHUGH. MARGARET MCHUGH of KILPATRICK TOWNSEND & STOCKTON LLP, is located at

      1100 PEACHTREE STREET, SUITE 2800
      MAILSTOP: IP DOCKETING - 22
      ATLANTA, Georgia 30309
      US
The docket/reference number is 1131872.

The phone number is 415-576-0200.

The fax number is 4155760300.

The email address is mmchugh@kilpatricktownsend.com; tmadmin@kilpatricktownsend.com; ndrake@kilpatricktownsend.com; bkemp@kilpatricktownsend.com; pcheng@kilpatricktownsend.com

The applicants proposed correspondence information: Margaret McHugh. Margaret McHugh of KILPATRICK TOWNSEND & STOCKTON LLP, is located at

      Mailstop: IP Docketing - 22
      1100 Peachtree Street, Suite 2800
      Atlanta, Georgia 30309
      United States
The docket/reference number is 1131872.

The phone number is 4155760200.

The fax number is 4155760300.

The email address is tmadmin@kilpatricktownsend.com; mmchugh@kilpatricktownsend.com; pcheng@kilpatricktownsend.com; jgreenacre@kilpatricktownsend.com

ADDITIONAL STATEMENTS
Disclaimer
No claim is made to the exclusive right to use TPV apart from the mark as shown.


SIGNATURE(S)
Response Signature
Signature: /Margaret C. McHugh/     Date: 11/27/2019
Signatory's Name: Margaret C. McHugh
Signatory's Position: Attorney of record, CA bar member

Signatory's Phone Number: 415-273-7509

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:    MARGARET MCHUGH
   KILPATRICK TOWNSEND & STOCKTON LLP
   1100 PEACHTREE STREET, SUITE 2800
   MAILSTOP: IP DOCKETING - 22
   ATLANTA, Georgia 30309
Mailing Address:    Margaret McHugh
   KILPATRICK TOWNSEND & STOCKTON LLP
   Mailstop: IP Docketing - 22
   1100 Peachtree Street, Suite 2800
   Atlanta, Georgia 30309
        
Serial Number: 88350980
Internet Transmission Date: Wed Nov 27 18:17:44 EST 2019
TEAS Stamp: USPTO/ROA-XX.XXX.XX.XXX-2019112718174493
6404-88350980-700c96129649a5478fc50bb589
687bd6866f0c31b641130d668706ef5ffc070e56
d-N/A-N/A-20191127124404538943