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. 88366079 SPOT SHOT(Standard Characters, see http://uspto.report/TM/88366079/mark.png) has been amended as follows:

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

Please see actual arguments attached in evidence section.

EVIDENCE
Evidence in the nature of arguments and exhibits traversing likelihood of confusion rejection has been attached.
Original PDF file:
evi_7377182169-20191003143034431319_._Exhibits_A-E.pdf
Converted PDF file(s) ( 14 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Evidence-6
Evidence-7
Evidence-8
Evidence-9
Evidence-10
Evidence-11
Evidence-12
Evidence-13
Evidence-14
Original PDF file:
evi_1-7377182169-20191003143034431319_._SPOT_SHOT-_ROA_Final.pdf
Converted PDF file(s) ( 15 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Evidence-6
Evidence-7
Evidence-8
Evidence-9
Evidence-10
Evidence-11
Evidence-12
Evidence-13
Evidence-14
Evidence-15

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 009 for Cameras, namely, scope mountable WiFi-enabled video cameras and still cameras; and downloadable software in the nature of a mobile application for video and still cameras
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: Cameras, namely, scope mountable WiFi-enabled video cameras and still cameras; Cameras, namely, scope mountable wireless local area networking enabled video cameras and still cameras; and downloadable software in the nature of a mobile application for video and still cameras; and downloadable software in the nature of a mobile application for organizing and editing photos for video and still cameras.Class 009 for Cameras, namely, scope mountable wireless local area networking enabled video cameras and still cameras; and downloadable software in the nature of a mobile application for organizing and editing photos for video and still cameras.
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: Usha Menon. Usha Menon of D'AMBROSIO & MENON, PLLC, is located at

      12808 W. AIRPORT BLVD, SUITE 329
      SUGAR LAND, Texas 77478
      US
The docket/reference number is GSM042TM.

The phone number is 832-532-7386.

The email address is info@dmiplaw.com

The applicants proposed attorney information: Usha Menon. Usha Menon of D'AMBROSIO & MENON, PLLC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      12808 W. AIRPORT BLVD, SUITE 329
      SUGAR LAND, Texas 77478
      United States
The docket/reference number is GSM042TM.

The phone number is 832-532-7386.

The email address is info@dmiplaw.com

Usha Menon 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: USHA MENON. USHA MENON of D'AMBROSIO & MENON, PLLC, is located at

      12808 W. AIRPORT BLVD, SUITE 329
      SUGAR LAND, Texas 77478
      US
The docket/reference number is GSM042TM.

The phone number is 832-532-7386.

The email address is info@dmiplaw.com; umenon@dmiplaw.com

The applicants proposed correspondence information: Usha Menon. Usha Menon of D'AMBROSIO & MENON, PLLC, is located at

      12808 W. AIRPORT BLVD, SUITE 329
      SUGAR LAND, Texas 77478
      United States
The docket/reference number is GSM042TM.

The phone number is 832-532-7386.

The email address is info@dmiplaw.com; umenon@dmiplaw.com

SIGNATURE(S)
Response Signature
Signature: /Usha Menon/     Date: 10/03/2019
Signatory's Name: Usha Menon
Signatory's Position: Attorney of Record, Texas Bar Member

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:    USHA MENON
   D'AMBROSIO & MENON, PLLC
   
   12808 W. AIRPORT BLVD, SUITE 329
   SUGAR LAND, Texas 77478
Mailing Address:    Usha Menon
   D'AMBROSIO & MENON, PLLC
   12808 W. AIRPORT BLVD, SUITE 329
   SUGAR LAND, Texas 77478
        
Serial Number: 88366079
Internet Transmission Date: Thu Oct 03 14:52:07 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XX.XXX.XXX-2019100314520712
2201-88366079-610317166b3cbb60d6ce6df83d
1caa4e23cbfac58d20745fb6da144338e72dad55
-N/A-N/A-20191003143034431319