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. 88369812 CLICKIT(Standard Characters, see http://uspto.report/TM/88369812/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 009 for Downloadable computer software for monitoring the use of seat belts in a moving vehicle in real time, for sending communications to drivers in relation to their use or non-use of seat belts, for sending alerts to third parties in relation to use or non-use of seat belts in a moving vehicle, for permitting a third party to communicate with a driver in a moving vehicle to alert them in relation to their or their passengers' use or non-use of seat belts; vehicle seat belt tracking devices comprised of computer software and computer hardware, sensors, transmitters, all for use in connection with real time seat belt tracking and monitoring; vehicle seat belt detection equipment, namely, sensors, hardware and software to detect seat belt usage; downloadable mobile applications for communication between one or more third parties and a vehicle driver, including texts, audio communications, and video communications
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: Downloadable computer software for monitoring the use of seat belts in a moving vehicle in real time, for sending communications to drivers in relation to their use or non-use of seat belts, for sending alerts to third parties in relation to use or non-use of seat belts in a moving vehicle, for permitting a third party to communicate with a driver in a moving vehicle to alert them in relation to their or their passengers' use or non-use of seat belts; Downloadable computer software for monitoring the use of seat belts in a moving vehicle in real time, for sending communications to drivers in relation to their use or non-use of seat belts, for sending alerts to third parties in relation to use or non-use of seat belts in a moving vehicle, and for permitting a third party to communicate with a driver in a moving vehicle to alert the driver about use or non-use of seat belts in that vehicle; vehicle seat belt tracking devices comprised of computer software and computer hardware, sensors, transmitters, all for use in connection with real time seat belt tracking and monitoring; Vehicle seat belt tracking devices for real time seat belt tracking and monitoring that comprise recorded computer software for seat belt usage monitoring in the vehicle, computer hardware, seat belt usage sensors, and wireless transmitters; vehicle seat belt detection equipment, namely, sensors, hardware and software to detect seat belt usage; Vehicle seat belt detection equipment, namely, seat belt usage sensors, computer hardware and recorded software for detecting seat belt usage; downloadable mobile applications for communication between one or more third parties and a vehicle driver, including texts, audio communications, and video communications; Downloadable mobile applications that allow third parties and a vehicle driver to communicate with each other via text messages, audio communications, and video communicationsClass 009 for Downloadable computer software for monitoring the use of seat belts in a moving vehicle in real time, for sending communications to drivers in relation to their use or non-use of seat belts, for sending alerts to third parties in relation to use or non-use of seat belts in a moving vehicle, and for permitting a third party to communicate with a driver in a moving vehicle to alert the driver about use or non-use of seat belts in that vehicle; Vehicle seat belt tracking devices for real time seat belt tracking and monitoring that comprise recorded computer software for seat belt usage monitoring in the vehicle, computer hardware, seat belt usage sensors, and wireless transmitters; Vehicle seat belt detection equipment, namely, seat belt usage sensors, computer hardware and recorded software for detecting seat belt usage; Downloadable mobile applications that allow third parties and a vehicle driver to communicate with each other via text messages, audio communications, and video communications
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 hereby adds the following class of goods/services to the application:
New: Class 042 for Providing temporary use of online, non-downloadable software for detecting seat belt usage
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: Vic Lin. Vic Lin of INNOVATION CAPITAL LAW GROUP, LLP, is located at

      19800 MACARTHUR BLVD., SUITE 280
      IRVINE, California 92612
      US
The docket/reference number is JOH1-TMA01.

The phone number is 949-954-5430.

The fax number is 949-954-8528.

The email address is processing@icaplaw.com

The applicants proposed attorney information: Vic Lin. Vic Lin of INNOVATION CAPITAL LAW GROUP, LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      19800 MACARTHUR BLVD., SUITE 280
      IRVINE, California 92612
      United States
The docket/reference number is JOH1-TMA01.

The phone number is 949-954-5430.

The fax number is 949-954-8528.

The email address is processing@icaplaw.com

Vic Lin 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: VIC LIN. VIC LIN of INNOVATION CAPITAL LAW GROUP, LLP, is located at

      19800 MACARTHUR BLVD., SUITE 280
      IRVINE, California 92612
      US
The docket/reference number is JOH1-TMA01.

The phone number is 949-954-5430.

The fax number is 949-954-8528.

The email address is processing@icaplaw.com; vlin@icaplaw.com

The applicants proposed correspondence information: Vic Lin. Vic Lin of INNOVATION CAPITAL LAW GROUP, LLP, is located at

      19800 MACARTHUR BLVD., SUITE 280
      IRVINE, California 92612
      United States
The docket/reference number is JOH1-TMA01.

The phone number is 949-954-5430.

The fax number is 949-954-8528.

The email address is processing@icaplaw.com; vlin@icaplaw.com; kmeier@icaplaw.com

FEE(S)
Fee(s) in the amount of $275 is being submitted.

SIGNATURE(S)
Declaration Signature
The filing Attorney has elected not to submit the signed declaration, believing no supporting declaration is required under the Trademark Rules of Practice.
Response Signature
Signature: /Vic Lin/     Date: 10/31/2019
Signatory's Name: Vic Lin
Signatory's Position: Attorney of record

Signatory's Phone Number: 949-954-5430

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:    VIC LIN
   INNOVATION CAPITAL LAW GROUP, LLP
   
   19800 MACARTHUR BLVD., SUITE 280
   IRVINE, California 92612
Mailing Address:    Vic Lin
   INNOVATION CAPITAL LAW GROUP, LLP
   19800 MACARTHUR BLVD., SUITE 280
   IRVINE, California 92612
        
RAM Sale Number: 88369812
RAM Accounting Date: 10/31/2019
        
Serial Number: 88369812
Internet Transmission Date: Thu Oct 31 17:20:17 EDT 2019
TEAS Stamp: USPTO/ROA-XXXX:XXX:XXXX:XXXX:XXXX:XXXX:X
XXX:XXXX-20191031172017625242-88369812-7
00dc91d925d7cba7f99be413c93077ca9c62a465
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