Response to Office Action

WEDGE

Noble Security Inc.

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)

Response to Office Action


The table below presents the data as entered.

Input Field
Entered
SERIAL NUMBER 88367623
LAW OFFICE ASSIGNED LAW OFFICE 118
MARK SECTION
MARK http://uspto.report/TM/88367623/mark.png
LITERAL ELEMENT WEDGE
STANDARD CHARACTERS YES
USPTO-GENERATED IMAGE YES
MARK STATEMENT The mark consists of standard characters, without claim to any particular font style, size or color.
GOODS AND/OR SERVICES SECTION (class deleted)
GOODS AND/OR SERVICES SECTION (class added) Original Class (006)
INTERNATIONAL CLASS 009
DESCRIPTION
security locks for engaging slots or cavities in portable electronic devices; plates attachable to portable electronic devices containing trapezoidal cavities for use with security locks for engaging slots in portable electronic devices
FILING BASIS Section 1(a)
        FIRST USE ANYWHERE DATE At least as early as 03/00/2013
        FIRST USE IN COMMERCE DATE At least as early as 03/00/2013
ADDITIONAL STATEMENTS SECTION
SECTION 2(f) Claim of Acquired Distinctiveness, based on Five or More Years' Use The mark has become distinctive of the goods/services through the applicant's substantially exclusive and continuous use of the mark in commerce that the U.S. Congress may lawfully regulate for at least the five years immediately before the date of this statement.
SIGNATURE SECTION
DECLARATION SIGNATURE /MM/
SIGNATORY'S NAME Max Moskowitz
SIGNATORY'S POSITION Attorney for Applicant, New York Bar Member
SIGNATORY'S PHONE NUMBER 212-382-0700
DATE SIGNED 05/06/2019
RESPONSE SIGNATURE /MM/
SIGNATORY'S NAME Max Moskowitz
SIGNATORY'S POSITION Attorney for Applicant, New York State Bar Member
SIGNATORY'S PHONE NUMBER 212-382-0700
DATE SIGNED 05/06/2019
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Mon May 06 12:46:11 EDT 2019
TEAS STAMP USPTO/ROA-XX.XX.XX.XXX-20
190506124611418659-883676
23-620ec842672341d2a7b58d
cb212a89f29071274462f6ed3
8cd71b4e48f1fdd2f7-N/A-N/
A-20190506121928839862



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. 88367623 WEDGE(Standard Characters, see http://uspto.report/TM/88367623/mark.png) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant hereby deletes the following class of goods/services from the application.
Class 006 for security locks for engaging slots or cavities in portable electronic devices; plates attachable to portable electronic devices containing trapezoidal cavities for use with security locks for engaging slots in portable electronic devices

Applicant hereby adds the following class of goods/services to the application:
New: Class 009 (Original Class: 006 ) for security locks for engaging slots or cavities in portable electronic devices; plates attachable to portable electronic devices containing trapezoidal cavities for use with security locks for engaging slots in portable electronic devices
Filing Basis: Section 1(a), Use in Commerce: The mark was first used at least as early as 03/00/2013 and first used in commerce at least as early as 03/00/2013 , and is now in use in such commerce.

ADDITIONAL STATEMENTS
SECTION 2(f) Claim of Acquired Distinctiveness, based on Five or More Years' Use
The mark has become distinctive of the goods/services through the applicant's substantially exclusive and continuous use of the mark in commerce that the U.S. Congress may lawfully regulate for at least the five years immediately before the date of this statement.


SIGNATURE(S)
Declaration Signature

DECLARATION: The signatory being warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. § 1001, and that such willful false statements and the like may jeopardize the validity of the application or submission or any registration resulting therefrom, declares that, if the applicant submitted the application or allegation of use (AOU) unsigned, all statements in the application or AOU and this submission based on the signatory's own knowledge are true, and all statements in the application or AOU and this submission made on information and belief are believed to be true.

STATEMENTS FOR UNSIGNED SECTION 1(a) APPLICATION/AOU: If the applicant filed an unsigned application under 15 U.S.C. §1051(a) or AOU under 15 U.S.C. §1051(c), the signatory additionally believes that: the applicant is the owner of the mark sought to be registered; the mark is in use in commerce and was in use in commerce as of the filing date of the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; the original specimen(s), if applicable, shows the mark in use in commerce as of the filing date of the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; for a collective trademark, collective service mark, collective membership mark application, or certification mark application, the applicant is exercising legitimate control over the use of the mark in commerce and was exercising legitimate control over the use of the mark in commerce as of the filing date of the application or AOU; for a certification mark application, the applicant is not engaged 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. To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services/collective membership organization of such other persons, to cause confusion or mistake, or to deceive.

STATEMENTS FOR UNSIGNED SECTION 1(b)/SECTION 44 APPLICATION AND FOR SECTION 66(a) COLLECTIVE/CERTIFICATION MARK APPLICATION: If the applicant filed an unsigned application under 15 U.S.C. §§ 1051(b), 1126(d), and/or 1126(e), or filed a collective/certification mark application under 15 U.S.C. §1141f(a), the signatory additionally believes that: for a trademark or service mark application, the applicant is entitled to use the mark in commerce on or in connection with the goods/services specified in the application; the applicant has a bona fide intention to use the mark in commerce and had a bona fide intention to use the mark in commerce as of the application filing date; for a collective trademark, collective service mark, collective membership mark, or certification mark application, the applicant has a bona fide intention, and is entitled, to exercise legitimate control over the use of the mark in commerce and had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce as of the application filing date; the signatory is properly authorized to execute the declaration on behalf of the applicant; for a certification mark application, 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. To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services/collective membership organization of such other persons, to cause confusion or mistake, or to deceive.



Signature: /MM/      Date: 05/06/2019
Signatory's Name: Max Moskowitz
Signatory's Position: Attorney for Applicant, New York Bar Member
Signatory's Phone Number: 212-382-0700


Response Signature
Signature: /MM/     Date: 05/06/2019
Signatory's Name: Max Moskowitz
Signatory's Position: Attorney for Applicant, New York State Bar Member

Signatory's Phone Number: 212-382-0700

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: 88367623
Internet Transmission Date: Mon May 06 12:46:11 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XX.XX.XXX-20190506124611418
659-88367623-620ec842672341d2a7b58dcb212
a89f29071274462f6ed38cd71b4e48f1fdd2f7-N
/A-N/A-20190506121928839862



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