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. 88354321 NPS(Standard Characters, see http://uspto.report/TM/88354321/mark.png) has been amended as follows:

EVIDENCE
Evidence in the nature of Applicant's Response and related attachments has been attached.
JPG file(s):
Evidence-1
Evidence-2
Original Specimen:
APPLICANT-SUPPLIED FILE (SOUND/MOTION)
Original Specimen:
APPLICANT-SUPPLIED FILE (SOUND/MOTION)
Original PDF file:
evi_1544312834-20191206165058256101_._NPS_-Response_to_Office_Action_.pdf
Converted PDF file(s) ( 6 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Evidence-6

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 009 for Computer hardware and computer firmware to analyze data to detect human presence within an area
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: Computer hardware and computer firmware to analyze data to detect human presence within an area; Computer hardware and downloadable computer firmware to analyze data to detect human presence within an areaClass 009 for Computer hardware and downloadable computer firmware to analyze data to detect human presence within an area
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: Kirk A. Damman. Kirk A. Damman of LEWIS RICE LLC, is located at

      600 WASHINGTON AVENUE, SUITE 2500
      BOX IP DEPARTMENT
      ST. LOUIS, Missouri 63101
      US
The docket/reference number is 317/AVA002.

The phone number is 314-444-7600.

The fax number is 314-612-1301.

The email address is ipdept@lewisrice.com

The applicants proposed attorney information: Kirk A. Damman. Kirk A. Damman of LEWIS RICE LLC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      600 WASHINGTON AVENUE, SUITE 2500
      BOX IP DEPARTMENT
      ST. LOUIS, Missouri 63101
      United States
The docket/reference number is 317/AVA002.

The phone number is 314-444-7600.

The fax number is 314-612-1301.

The email address is ipdept@lewisrice.com

Kirk A. Damman 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: KIRK A. DAMMAN. KIRK A. DAMMAN of LEWIS RICE LLC, is located at

      600 WASHINGTON AVENUE, SUITE 2500
      BOX IP DEPARTMENT
      ST. LOUIS, Missouri 63101
      US
The docket/reference number is 317/AVA002.

The phone number is 314-444-7600.

The fax number is 314-612-1301.

The email address is ipdept@lewisrice.com

The applicants proposed correspondence information: Kirk A. Damman. Kirk A. Damman of LEWIS RICE LLC, is located at

      600 WASHINGTON AVENUE, SUITE 2500
      BOX IP DEPARTMENT
      ST. LOUIS, Missouri 63101
      United States
The docket/reference number is 317/AVA002.

The phone number is 314-444-7600.

The fax number is 314-612-1301.

The email address is ipdept@lewisrice.com

SIGNATURE(S)
Response Signature
Signature: /Kirk A Damman/     Date: 12/06/2019
Signatory's Name: Kirk A. Damman
Signatory's Position: Attorney of Record, MO Bar Member

Signatory's Phone Number: 314-444-7600

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:    KIRK A. DAMMAN
   LEWIS RICE LLC
   600 WASHINGTON AVENUE, SUITE 2500
   BOX IP DEPARTMENT
   ST. LOUIS, Missouri 63101
Mailing Address:    Kirk A. Damman
   LEWIS RICE LLC
   600 WASHINGTON AVENUE, SUITE 2500
   BOX IP DEPARTMENT
   ST. LOUIS, Missouri 63101
        
Serial Number: 88354321
Internet Transmission Date: Fri Dec 06 17:44:34 EST 2019
TEAS Stamp: USPTO/ROA-XXX.XX.XXX.XX-2019120617443494
7466-88354321-700227548d7f5c82b456aea10f
e96d0e9b1683aeb6cbd4388cd78b8a1269c0a8-N
/A-N/A-20191206165058256101