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. 88382839 EAVE (Stylized and/or with Design, see http://uspto.report/TM/88382839/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 Computer software for the operation, control, maintenance, and management of vehicles, autonomous vehicles and vehicle components, for battery management for electric vehicles, for vehicle theft protection, for vehicle navigation, for travel and trip planning, for communications between vehicles and mobile devices, and for collecting, tracking, analyzing, and reporting data and information in the field of electric vehicles and autonomous vehicles; Computerized surveillance and electronic control systems for motor vehicles, comprised of computer hardware and application software, cameras, optical sensors, ultrasound sensors, lidar and radar, to detect external objects, obstructions, road lane marks, external light level, and precipitation, and react through command of vehicle steering system, brakes, cruise control, engine, actuators, display monitors, windshield wipers, automotive warning lights, and headlights; safety and driving assistant system for mobile vehicles comprised of electronic proximity sensors and switches, high-resolution cameras, integrated circuits for the purpose of imaging processing, and display monitors
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: Computer software for the operation, control, maintenance, and management of vehicles, autonomous vehicles and vehicle components, for battery management for electric vehicles, for vehicle theft protection, for vehicle navigation, for travel and trip planning, for communications between vehicles and mobile devices, and for collecting, tracking, analyzing, and reporting data and information in the field of electric vehicles and autonomous vehicles; Downloadable computer software for the operation, control, maintenance, and management of vehicles, autonomous vehicles and vehicle components, for battery management for electric vehicles, for vehicle theft protection, for vehicle navigation, for travel and trip planning, for communications between vehicles and mobile devices, and for collecting, tracking, analyzing, and reporting data and information in the field of electric vehicles and autonomous vehicles; Computerized surveillance and electronic control systems for motor vehicles, comprised of computer hardware and application software, cameras, optical sensors, ultrasound sensors, lidar and radar, to detect external objects, obstructions, road lane marks, external light level, and precipitation, and react through command of vehicle steering system, brakes, cruise control, engine, actuators, display monitors, windshield wipers, automotive warning lights, and headlights; safety and driving assistant system for mobile vehicles comprised of electronic proximity sensors and switches, high-resolution cameras, integrated circuits for the purpose of imaging processing, and display monitorsClass 009 for Downloadable computer software for the operation, control, maintenance, and management of vehicles, autonomous vehicles and vehicle components, for battery management for electric vehicles, for vehicle theft protection, for vehicle navigation, for travel and trip planning, for communications between vehicles and mobile devices, and for collecting, tracking, analyzing, and reporting data and information in the field of electric vehicles and autonomous vehicles; Computerized surveillance and electronic control systems for motor vehicles, comprised of computer hardware and application software, cameras, optical sensors, ultrasound sensors, lidar and radar, to detect external objects, obstructions, road lane marks, external light level, and precipitation, and react through command of vehicle steering system, brakes, cruise control, engine, actuators, display monitors, windshield wipers, automotive warning lights, and headlights; safety and driving assistant system for mobile vehicles comprised of electronic proximity sensors and switches, high-resolution cameras, integrated circuits for the purpose of imaging processing, and display monitors
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 proposes to amend the following class of goods/services in the application:
Current: Class 039 for Online services, namely, providing data and information regarding mobile activities, namely, ride sharing, car sharing, travel by autonomous vehicles, combinations of multi-modal travel alternatives and travel route planning; providing road and traffic information; vehicle routing by computer on data networks responsive to monitored pollution data to reduce pollution emissions in locations having elevated pollution levels, vehicle routing by computer on data networks responsive to monitored pollution data to reduce exposure of persons to pollution, vehicle routing by computer on data networks to avoid traffic and weather conditions or to find prompt access to medical care, and vehicle routing by computer on data networks to available parking spaces; online services, namely, providing data and information regarding parking garage and parking lot services, vehicle parking space availability, routing of vehicles by computer on data networks to available parking spaces, traffic, traffic routing, routing of vehicles to avoid traffic, ride sharing, car sharing
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: Online services, namely, providing data and information regarding mobile activities, namely, ride sharing, car sharing, travel by autonomous vehicles, combinations of multi-modal travel alternatives and travel route planning; Providing an online computer database featuring information regarding mobile activities in the nature of car sharing and ride sharing by electric autonomous vehicles including multi-modal travel alternatives and travel route planning; Providing road and traffic information; Vehicle routing by computer on data networks responsive to monitored pollution data to reduce pollution emissions in locations having elevated pollution levels, vehicle routing by computer on data networks responsive to monitored pollution data to reduce exposure of persons to pollution, vehicle routing by computer on data networks to avoid traffic and weather conditions or to find prompt access to medical care, and vehicle routing by computer on data networks to available parking spaces; online services, namely, providing data and information regarding parking garage and parking lot services, vehicle parking space availability, routing of vehicles by computer on data networks to available parking spaces, traffic, traffic routing, routing of vehicles to avoid traffic, ride sharing, car sharing; Providing an online computer database featuring information regarding parking garage and parking lot services and vehicle parking space availability; Routing of vehicles by computer on data networks to available parking spaces; Routing of vehicles by computer on data networks to avoid traffic, congestion; Routing of vehicles by computer on data networks for arranging ride sharing and car sharing; Online services, namely, providing a website featuring data and information regarding mobile activities, namely, traffic planning and traffic avoidance planningClass 039 for Providing an online computer database featuring information regarding mobile activities in the nature of car sharing and ride sharing by electric autonomous vehicles including multi-modal travel alternatives and travel route planning; Providing road and traffic information; Vehicle routing by computer on data networks responsive to monitored pollution data to reduce pollution emissions in locations having elevated pollution levels, vehicle routing by computer on data networks responsive to monitored pollution data to reduce exposure of persons to pollution, vehicle routing by computer on data networks to avoid traffic and weather conditions or to find prompt access to medical care, and vehicle routing by computer on data networks to available parking spaces; Providing an online computer database featuring information regarding parking garage and parking lot services and vehicle parking space availability; Routing of vehicles by computer on data networks to available parking spaces; Routing of vehicles by computer on data networks to avoid traffic, congestion; Routing of vehicles by computer on data networks for arranging ride sharing and car sharing; Online services, namely, providing a website featuring data and information regarding mobile activities, namely, traffic planning and traffic avoidance planning
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 proposes to amend the following class of goods/services in the application:
Current: Class 042 for Providing temporary use of non-downloadable software for the operation, control, maintenance, and management of vehicles, autonomous vehicles and vehicle components, for battery management for electric vehicles, for vehicle theft protection, for vehicle navigation, for travel and trip planning, for communications between vehicles and mobile devices, to detect external objects, obstructions, road lane marks, external light level, and precipitation, and react through command of vehicle steering system, and for collecting, tracking, analyzing, and reporting data and information in the field of electric vehicles and autonomous vehicles; (SaaS) software as a service for the operation, control, maintenance, and management of vehicles, autonomous vehicles and vehicle components, for battery management for electric vehicles, for vehicle theft protection, for vehicle navigation, for travel and trip planning, for communications between vehicles and mobile devices, to detect external objects, obstructions, road lane marks, external light level, and precipitation, and react through command of vehicle steering system, and for collecting, tracking, analyzing, and reporting data and information in the field of electric vehicles and autonomous vehicles; Online services, namely, providing data and information regarding mobile activities, namely, traffic planning and traffic avoidance planning; air quality data collection services, namely, air quality monitoring services; providing temporary use of online non-downloadable software for collecting, tracking, analyzing, assigning, billing, and distributing data and information regarding mobile activities, namely, providing road, traffic, weather, and pollution information, routing of traffic, parking, ride sharing, car sharing, vehicle fleet management, and traffic monitoring and planning
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: Providing temporary use of non-downloadable software for the operation, control, maintenance, and management of vehicles, autonomous vehicles and vehicle components, for battery management for electric vehicles, for vehicle theft protection, for vehicle navigation, for travel and trip planning, for communications between vehicles and mobile devices, to detect external objects, obstructions, road lane marks, external light level, and precipitation, and react through command of vehicle steering system, and for collecting, tracking, analyzing, and reporting data and information in the field of electric vehicles and autonomous vehicles; (SaaS) software as a service for the operation, control, maintenance, and management of vehicles, autonomous vehicles and vehicle components, for battery management for electric vehicles, for vehicle theft protection, for vehicle navigation, for travel and trip planning, for communications between vehicles and mobile devices, to detect external objects, obstructions, road lane marks, external light level, and precipitation, and react through command of vehicle steering system, and for collecting, tracking, analyzing, and reporting data and information in the field of electric vehicles and autonomous vehicles; Software as a service (SaaS) service for the operation, control, maintenance, and management of vehicles, autonomous vehicles and vehicle components, for battery management for electric vehicles, for vehicle theft protection, for vehicle navigation, for travel and trip planning, for communications between vehicles and mobile devices, to detect external objects, obstructions, road lane marks, external light level, and precipitation, and react through command of vehicle steering system, and for collecting, tracking, analyzing, and reporting data and information in the field of electric vehicles and autonomous vehicles; Online services, namely, providing data and information regarding mobile activities, namely, traffic planning and traffic avoidance planning; Air quality data collection services, namely, technical air quality monitoring services; air quality data collection services, namely, air quality monitoring services; providing temporary use of online non-downloadable software for collecting, tracking, analyzing, assigning, billing, and distributing data and information regarding mobile activities, namely, providing road, traffic, weather, and pollution information, routing of traffic, parking, ride sharing, car sharing, vehicle fleet management, and traffic monitoring and planningClass 042 for Providing temporary use of non-downloadable software for the operation, control, maintenance, and management of vehicles, autonomous vehicles and vehicle components, for battery management for electric vehicles, for vehicle theft protection, for vehicle navigation, for travel and trip planning, for communications between vehicles and mobile devices, to detect external objects, obstructions, road lane marks, external light level, and precipitation, and react through command of vehicle steering system, and for collecting, tracking, analyzing, and reporting data and information in the field of electric vehicles and autonomous vehicles; Software as a service (SaaS) service for the operation, control, maintenance, and management of vehicles, autonomous vehicles and vehicle components, for battery management for electric vehicles, for vehicle theft protection, for vehicle navigation, for travel and trip planning, for communications between vehicles and mobile devices, to detect external objects, obstructions, road lane marks, external light level, and precipitation, and react through command of vehicle steering system, and for collecting, tracking, analyzing, and reporting data and information in the field of electric vehicles and autonomous vehicles; Air quality data collection services, namely, technical air quality monitoring services; providing temporary use of online non-downloadable software for collecting, tracking, analyzing, assigning, billing, and distributing data and information regarding mobile activities, namely, providing road, traffic, weather, and pollution information, routing of traffic, parking, ride sharing, car sharing, vehicle fleet management, and traffic monitoring and planning
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.

ADDITIONAL STATEMENTS
Miscellaneous Statement
The applicant respectfully requests suspension of the application pending final disposition of application number 88090534.


SIGNATURE(S)
Response Signature
Signature: /Sharon C. Sorkin/     Date: 12/11/2019
Signatory's Name: Sharon C. Sorkin
Signatory's Position: Chief Trademark Counsel

Signatory's Phone Number: (313) 322-1352

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.

        
Serial Number: 88382839
Internet Transmission Date: Wed Dec 11 14:53:46 EST 2019
TEAS Stamp: USPTO/ROA-XXX.X.XX.XXX-20191211145346396
596-88382839-7006e62dd471c67bfed6e209179
5c3488d55827185c366f2b57893705e58308af9-
N/A-N/A-20191211122039221375