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)

---

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. 88381255 CONVEY(Standard Characters, see http://uspto.report/TM/88381255/mark.png) has been amended as follows:

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

Request for Information: The goods are distributed lighting systems having a group of dispersed light fixtures connected to a central power supply module typically by low voltage wiring (and sometimes also a wireless link), and typically in residential and commercial interior spaces. An example of a distributed lighting system is described in the applicant's U.S. Patent 10,448,490 titled Distributed Lighting Control System and Method (See Fig.1, copy attached). The Abstract on page 1 of the patent describes: "A highly configurable and flexible distributed lighting control system that includes a Digital Power Module (DPM) connected to at least one remote/distributed Fixture Control Module (FCM) that controls an associated LED light fixture."

EVIDENCE
Evidence in the nature of US Pat 10-448490 (Distributed Lighting System) has been attached.
Original PDF file:
evi_655138130-20191105150511996661_._US_Pat_10-448490__Distributed_Lighting_System_.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

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 011 for Lighting fixtures; Distributed lighting systems; Distributed lighting systems comprising central control modules, light fixture control modules, and light fixtures
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: Lighting fixtures; Distributed lighting systems; LED distributed lighting systems comprising LED light fixtures and power supplies; distributed lighting systems comprising central control modules, light fixture control modules, and light fixturesClass 011 for Lighting fixtures; LED distributed lighting systems comprising LED light fixtures and power supplies; distributed lighting systems comprising central control modules, light fixture control modules, and light fixtures
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: Fritz L. Schweitzer III. Fritz L. Schweitzer III of ST. ONGE STEWARD JOHNSTON & REENS LLC, is located at

      986 BEDFORD STREET
      STAMFORD, Connecticut 06905-5619
      US
The docket/reference number is 06076-T0112A.

The phone number is 203-324-6155 x4550.

The fax number is 203-327-1096.

The email address is tm-pto@ssjr.com

The applicants proposed attorney information: Fritz L. Schweitzer III. Other appointed attorneys are Fritz L. Schweitzer, Jr., Stephen P. McNamara, Gene S. Winter, Steven B. Simonis, Tatyana Voloshchuk, Alyson J. DiLena, Jonathan A. Winter, Stephen S. Zimowski and Samantha M. Gerold. Fritz L. Schweitzer III of ST. ONGE STEWARD JOHNSTON & REENS LLC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      986 BEDFORD STREET
      STAMFORD, Connecticut 06905-5619
      United States
The docket/reference number is 06076-T0112A.

The phone number is 203-324-6155 x4550.

The fax number is 203-327-1096.

The email address is tm-pto@ssjr.com

Fritz L. Schweitzer III 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: FRITZ L. SCHWEITZER III. FRITZ L. SCHWEITZER III of ST. ONGE STEWARD JOHNSTON & REENS LLC, is located at

      986 BEDFORD STREET
      STAMFORD, Connecticut 06905-5619
      US
The docket/reference number is 06076-T0112A.

The phone number is 203-324-6155 x4550.

The fax number is 203-327-1096.

The email address is tm-pto@ssjr.com

The applicants proposed correspondence information: Fritz L. Schweitzer III. Fritz L. Schweitzer III of ST. ONGE STEWARD JOHNSTON & REENS LLC, is located at

      986 BEDFORD STREET
      STAMFORD, Connecticut 06905-5619
      United States
The docket/reference number is 06076-T0112A.

The phone number is 203-324-6155 x4550.

The fax number is 203-327-1096.

The email address is tm-pto@ssjr.com

SIGNATURE(S)
Response Signature
Signature: /FRITZ L. SCHWEITZER III/     Date: 11/05/2019
Signatory's Name: Fritz L. Schweitzer III
Signatory's Position: Attorney of Record, Connecticut Bar Member

Signatory's Phone Number: 2033246155

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:    FRITZ L. SCHWEITZER III
   ST. ONGE STEWARD JOHNSTON & REENS LLC
   
   986 BEDFORD STREET
   STAMFORD, Connecticut 06905-5619
Mailing Address:    Fritz L. Schweitzer III
   ST. ONGE STEWARD JOHNSTON & REENS LLC
   986 BEDFORD STREET
   STAMFORD, Connecticut 06905-5619
        
Serial Number: 88381255
Internet Transmission Date: Tue Nov 05 15:16:40 EST 2019
TEAS Stamp: USPTO/ROA-XX.XX.XX.XXX-20191105151640179
213-88381255-70028ee69e832189bd8b6308137
9142bbdeea7b16e5b32ffe2c23f19eef88ea30-N
/A-N/A-20191105150511996661