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. 88385664 RAPT(Standard Characters, see http://uspto.report/TM/88385664/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 generating series of sounds and images and/or sensing and evaluating responses to visual and audio stimuli to optimize sound processing and language development in infants, toddlers and children; downloadable audio and video recordings featuring series of sounds and visual images designed as stimuli to optimize sound processing and language development in infants, toddlers and children; audio and video recordings featuring series of sounds and visual images designed as stimuli to optimize sound processing and language development in infants, toddlers and children; computer applications for mobile phones, portable media players, and handheld computers, namely, software for generating series of sounds and images and/or sensing and evaluating responses to visual and audio stimuli to optimize sound processing and language development in infants, toddlers and children; baby monitors; home monitors; home automation control devices; standalone voice controlled device for monitoring homes; standalone remotely-controlled device for monitoring homes; cloud-connected and voice-controlled smart audio speakers; computer software used for controlling stand-alone voice controlled information devices, namely, cloud-connected and voice-controlled smart audio speakers, home monitors, or home automation devices
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 generating series of sounds and images and/or sensing and evaluating responses to visual and audio stimuli to optimize sound processing and language development in infants, toddlers and children; Downloadable computer software for generating a series of sounds and images and sensing and evaluating responses to visual and/or audio stimuli to optimize sound processing and language development in infants, toddlers and children; downloadable audio and video recordings featuring series of sounds and visual images designed as stimuli to optimize sound processing and language development in infants, toddlers and children; downloadable audio and/or video recordings featuring series of sounds and/or visual images designed as stimuli to optimize sound processing and language development in infants, toddlers and children; audio and video recordings featuring series of sounds and visual images designed as stimuli to optimize sound processing and language development in infants, toddlers and children; audio and/or video recordings featuring series of sounds and/or visual images designed as stimuli to optimize sound processing and language development in infants, toddlers and children; computer applications for mobile phones, portable media players, and handheld computers, namely, software for generating series of sounds and images and/or sensing and evaluating responses to visual and audio stimuli to optimize sound processing and language development in infants, toddlers and children; Downloadable computer application software for mobile phones, portable media players, and handheld computers, namely, software for generating a series of sounds and/or images and sensing and evaluating responses to visual and/or audio stimuli to optimize sound processing and language development in infants, toddlers and children; baby monitors; home monitors; home alarm monitoring systems; home automation control devices; home automation control devices, namely, electrical controllers; standalone voice controlled device for monitoring homes; standalone voice controlled device for monitoring homes, namely, home automation hubs comprised of voice-activated speakers, computer hardware, and downloadable software for controlling networked devices in the internet of things (IoT) and home security alarms; standalone remotely-controlled device for monitoring homes; standalone remotely-controlled device for monitoring homes, namely, home automation systems comprised of computer hardware, wireless and wired controllers, and downloadable software for automating home security alarm systems; cloud-connected and voice-controlled smart audio speakers; computer software used for controlling stand-alone voice controlled information devices, namely, cloud-connected and voice-controlled smart audio speakers, home monitors, or home automation devices; Downloadable computer software for controlling stand-alone voice controlled information devices, namely, cloud-connected and voice-controlled smart audio speakers, home alarm monitoring systems and home automation devicesClass 009 for Downloadable computer software for generating a series of sounds and images and sensing and evaluating responses to visual and/or audio stimuli to optimize sound processing and language development in infants, toddlers and children; downloadable audio and/or video recordings featuring series of sounds and/or visual images designed as stimuli to optimize sound processing and language development in infants, toddlers and children; audio and/or video recordings featuring series of sounds and/or visual images designed as stimuli to optimize sound processing and language development in infants, toddlers and children; Downloadable computer application software for mobile phones, portable media players, and handheld computers, namely, software for generating a series of sounds and/or images and sensing and evaluating responses to visual and/or audio stimuli to optimize sound processing and language development in infants, toddlers and children; baby monitors; home alarm monitoring systems; home automation control devices, namely, electrical controllers; standalone voice controlled device for monitoring homes, namely, home automation hubs comprised of voice-activated speakers, computer hardware, and downloadable software for controlling networked devices in the internet of things (IoT) and home security alarms; standalone remotely-controlled device for monitoring homes, namely, home automation systems comprised of computer hardware, wireless and wired controllers, and downloadable software for automating home security alarm systems; cloud-connected and voice-controlled smart audio speakers; Downloadable computer software for controlling stand-alone voice controlled information devices, namely, cloud-connected and voice-controlled smart audio speakers, home alarm monitoring systems and home automation devices
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 028 for Infant, toddler and child multiple activity toys; infant, toddler and child development toys; educational toys for developing language skills; toys designed to be attached to or incorporated into car seats, infant travelers, strollers, cribs, play pens, high chairs, changing tables, mobiles, exercise seats or mats, bouncer seats, activity tables, bath tubs, or infant swings; baby rattles; mobiles for children; plush toys; infant toys
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: Infant, toddler and child multiple activity toys; infant, toddler and child development toys; infant and toddler development toys; educational toys for developing language skills; child development toys, namely, children's educational toys for developing fine motor, language processing, numbers, counting, colors and alphabet skills; toys designed to be attached to or incorporated into car seats, infant travelers, strollers, cribs, play pens, high chairs, changing tables, mobiles, exercise seats or mats, bouncer seats, activity tables, bath tubs, or infant swings; children's educational toys for developing language processing skills; toys designed to be attached to car seats, infant travelers, strollers, cribs, play pens, high chairs, changing tables, mobiles, exercise seats, exercise mats, bouncer seats, activity tables, bath tubs and infant swings; toys designed to be incorporated into car seats, infant travelers, strollers, cribs, play pens, high chairs, changing tables, mobiles, exercise seats, exercise mats, bouncer seats, activity tables, bath tubs and infant swings; baby rattles; mobiles for children; plush toys; infant toysClass 028 for Infant, toddler and child multiple activity toys; infant and toddler development toys; child development toys, namely, children's educational toys for developing fine motor, language processing, numbers, counting, colors and alphabet skills; children's educational toys for developing language processing skills; toys designed to be attached to car seats, infant travelers, strollers, cribs, play pens, high chairs, changing tables, mobiles, exercise seats, exercise mats, bouncer seats, activity tables, bath tubs and infant swings; toys designed to be incorporated into car seats, infant travelers, strollers, cribs, play pens, high chairs, changing tables, mobiles, exercise seats, exercise mats, bouncer seats, activity tables, bath tubs and infant swings; baby rattles; mobiles for children; plush toys; infant toys
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 041 for Teaching and training in technology related to auditory processing in children, infants and toddlers; teaching and training in technology related to visual processing in children, infants and toddlers
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: Teaching and training in technology related to auditory processing in children, infants and toddlers; Teaching and training services in the field of technology related to auditory processing in children, infants and toddlers; teaching and training in technology related to visual processing in children, infants and toddlers; teaching and training services in the field of technology related to visual processing in children, infants and toddlersClass 041 for Teaching and training services in the field of technology related to auditory processing in children, infants and toddlers; teaching and training services in the field of technology related to visual processing in children, infants and toddlers
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 technology information in the field of auditory processing in children, infants and toddlers; technology consultation in the field of auditory processing in children, infants and toddlers; providing technology information in the field of visual processing in children, infants and toddlers; technology consultation in the field of visual processing in children, infants and toddlers; SAAS for generating series of sounds and images and/or sensing and evaluating responses to visual and audio stimuli to optimize sound processing and language development in infants, toddlers and children; SAAS for generating series of sounds and images and/or sensing and evaluating responses to visual and audio stimuli to optimize sound processing and language development in infants, toddlers and children; software as a service featuring software for video telephony, software for the transmission, recording, and review of audio, video and audio-visual content via computer networks, software as a service for controlling smart audio speakers; software as a service featuring software for voice command and recognition, speech to text conversion, voice-enabled software applications; providing temporary use of on-line non-downloadable software and applications for accessing streaming audio and video files, games, and multimedia files
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 technology information in the field of auditory processing in children, infants and toddlers; technology consultation in the field of auditory processing in children, infants and toddlers; providing technology information in the field of visual processing in children, infants and toddlers; technology consultation in the field of visual processing in children, infants and toddlers; SAAS for generating series of sounds and images and/or sensing and evaluating responses to visual and audio stimuli to optimize sound processing and language development in infants, toddlers and children; Software as a service (SAAS) services, namely, hosting software for use by others for use in generating a series of sounds and images and sensing and evaluating responses to visual and/or audio stimuli to optimize sound processing and language development in infants, toddlers and children; SAAS for generating series of sounds and images and/or sensing and evaluating responses to visual and audio stimuli to optimize sound processing and language development in infants, toddlers and children; Software as a service (SAAS) services featuring software for video telephony and for controlling smart audio speakers; software as a service featuring software for video telephony, software for the transmission, recording, and review of audio, video and audio-visual content via computer networks, software as a service for controlling smart audio speakers; Software as a service (SAAS) services featuring software for voice command and recognition, speech to text conversion and voice-enabled computer application software for mobile phones, portable media players, and handheld computers for generating a series of sounds and/or images and sensing and evaluating responses to visual and/or audio stimuli to optimize sound processing and language development in infants, toddlers and children; software as a service featuring software for voice command and recognition, speech to text conversion, voice-enabled software applications; Providing temporary use of non-downloadable computer software for generating a series of sounds and/or images and sensing and evaluating responses to visual and/or audio stimuli to optimize sound processing and language development in infants, toddlers and children; providing temporary use of on-line non-downloadable software and applications for accessing streaming audio and video files, games, and multimedia files; Providing temporary use of non-downloadable computer application software for mobile phones, portable media players, and handheld computers, namely, software for generating a series of sounds and/or images and sensing and evaluating responses to visual and/or audio stimuli to optimize sound processing and language development in infants, toddlers and children; Providing temporary use of non-downloadable computer software for controlling stand-alone voice controlled information devices, namely, cloud-connected and voice-controlled smart audio speakers, home alarm monitoring systems and home automation devicesClass 042 for Providing technology information in the field of auditory processing in children, infants and toddlers; technology consultation in the field of auditory processing in children, infants and toddlers; providing technology information in the field of visual processing in children, infants and toddlers; technology consultation in the field of visual processing in children, infants and toddlers; Software as a service (SAAS) services, namely, hosting software for use by others for use in generating a series of sounds and images and sensing and evaluating responses to visual and/or audio stimuli to optimize sound processing and language development in infants, toddlers and children; Software as a service (SAAS) services featuring software for video telephony and for controlling smart audio speakers; Software as a service (SAAS) services featuring software for voice command and recognition, speech to text conversion and voice-enabled computer application software for mobile phones, portable media players, and handheld computers for generating a series of sounds and/or images and sensing and evaluating responses to visual and/or audio stimuli to optimize sound processing and language development in infants, toddlers and children; Providing temporary use of non-downloadable computer software for generating a series of sounds and/or images and sensing and evaluating responses to visual and/or audio stimuli to optimize sound processing and language development in infants, toddlers and children; Providing temporary use of non-downloadable computer application software for mobile phones, portable media players, and handheld computers, namely, software for generating a series of sounds and/or images and sensing and evaluating responses to visual and/or audio stimuli to optimize sound processing and language development in infants, toddlers and children; Providing temporary use of non-downloadable computer software for controlling stand-alone voice controlled information devices, namely, cloud-connected and voice-controlled smart audio speakers, home alarm monitoring systems and home automation devices
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.

SIGNATURE(S)
Response Signature
Signature: /lah/     Date: 08/26/2019
Signatory's Name: Lara A. Holzman
Signatory's Position: Attorney of Record, New York bar member

Signatory's Phone Number: 212-210-9553

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: 88385664
Internet Transmission Date: Mon Aug 26 12:18:13 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XX.XXX.XXX-2019082612181313
4289-88385664-6102fa1ed6249a163fbe7f1a74
df1db46cedb61c1d6af51ff63c5158ff8f520-N/
A-N/A-20190826115305463030