Response to Office Action

HI

Smithsonian Institution

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 88373221
LAW OFFICE ASSIGNED LAW OFFICE 122
MARK SECTION
MARK FILE NAME http://uspto.report/TM/88373221/mark.png
LITERAL ELEMENT HI
STANDARD CHARACTERS NO
USPTO-GENERATED IMAGE NO
COLOR(S) CLAIMED
(If applicable)
Color is not claimed as a feature of the mark.
DESCRIPTION OF THE MARK
(and Color Location, if applicable)
The mark consists of lower case letters "hi" with the symbol of an eye above the letter "i".
GOODS AND/OR SERVICES SECTION (current)
INTERNATIONAL CLASS 009
DESCRIPTION
downloadable software in the nature of a mobile application that enables users to access and view information about art, artists, art history and culture
FILING BASIS Section 1(a)
        FIRST USE ANYWHERE DATE At least as early as 01/12/2018
        FIRST USE IN COMMERCE DATE At least as early as 06/19/2018
GOODS AND/OR SERVICES SECTION (proposed)
INTERNATIONAL CLASS 009
DESCRIPTION
downloadable software in the nature of a mobile application that enables users to access and view information about art, artists, art history and culture
FILING BASIS Section 1(a)
       FIRST USE ANYWHERE DATE At least as early as 01/12/2018
       FIRST USE IN COMMERCE DATE At least as early as 06/19/2018
       STATEMENT TYPE "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing date of the application"[for an application based on Section 1(a), Use in Commerce] OR "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce prior either to the filing of the Amendment to Allege Use or expiration of the filing deadline for filing a Statement of Use" [for an application based on Section 1(b) Intent-to-Use]. OR "The attached specimen is a true copy of the specimen that was originally submitted with the application, amendment to allege use, or statement of use" [for an illegible specimen].
       SPECIMEN
       FILE NAME(S)
\\TICRS\EXPORT17\IMAGEOUT 17\883\732\88373221\xml5\ ROA0002.JPG
       SPECIMEN DESCRIPTION launch screen that shows the mark in an introductory message box that appears after opening the program
ADDITIONAL STATEMENTS SECTION
DESCRIPTION OF THE MARK
(and Color Location, if applicable)
The mark consists of lower case letters "hi" with a stylized eye as the dot above the letter "i".
SIGNATURE SECTION
DECLARATION SIGNATURE /Judith Leonard/
SIGNATORY'S NAME Judith Leonard
SIGNATORY'S POSITION General Counsel
SIGNATORY'S PHONE NUMBER 202-633-5115
DATE SIGNED 07/16/2019
RESPONSE SIGNATURE /Lauryn Guttenplan/
SIGNATORY'S NAME Lauryn Guttenplan
SIGNATORY'S POSITION Deputy General Counsel
SIGNATORY'S PHONE NUMBER 202-669-8931
DATE SIGNED 07/16/2019
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Tue Jul 16 16:39:38 EDT 2019
TEAS STAMP USPTO/ROA-XXX.XXX.XXX.XX-
20190716163938990839-8837
3221-6204d35798c24238c0d9
ca4e238d6050961817e0cca2f
aadb885b2df314090ebeb-N/A
-N/A-20190716135451666046



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. 88373221 HI (Stylized and/or with Design, see http://uspto.report/TM/88373221/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 software in the nature of a mobile application that enables users to access and view information about art, artists, art history and culture
Original Filing Basis:
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 01/12/2018 and first used in commerce at least as early as 06/19/2018 , and is now in use in such commerce.

Proposed: Class 009 for downloadable software in the nature of a mobile application that enables users to access and view information about art, artists, art history and culture
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 01/12/2018 and first used in commerce at least as early as 06/19/2018 , and is now in use in such commerce.
Applicant hereby submits one(or more) specimen(s) for Class 009 . The specimen(s) submitted consists of launch screen that shows the mark in an introductory message box that appears after opening the program .
"The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing date of the application"[for an application based on Section 1(a), Use in Commerce] OR "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce prior either to the filing of the Amendment to Allege Use or expiration of the filing deadline for filing a Statement of Use" [for an application based on Section 1(b) Intent-to-Use]. OR "The attached specimen is a true copy of the specimen that was originally submitted with the application, amendment to allege use, or statement of use" [for an illegible specimen]. Specimen File1

ADDITIONAL STATEMENTS
Description of mark
The mark consists of lower case letters "hi" with a stylized eye as the dot above the letter "i".

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: /Judith Leonard/      Date: 07/16/2019
Signatory's Name: Judith Leonard
Signatory's Position: General Counsel
Signatory's Phone Number: 202-633-5115


Response Signature
Signature: /Lauryn Guttenplan/     Date: 07/16/2019
Signatory's Name: Lauryn Guttenplan
Signatory's Position: Deputy General Counsel

Signatory's Phone Number: 202-669-8931

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: 88373221
Internet Transmission Date: Tue Jul 16 16:39:38 EDT 2019
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.XX-201907161639389
90839-88373221-6204d35798c24238c0d9ca4e2
38d6050961817e0cca2faadb885b2df314090ebe
b-N/A-N/A-20190716135451666046


Response to Office Action [image/jpeg]


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