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. 88388080 XR (Stylized and/or with Design, see http://uspto.report/TM/88388080/mark.png) has been amended as follows:

EVIDENCE
Evidence in the nature of an argument against disclaimer requirement with supporting exhibit has been attached.
Original PDF file:
evi_3832442-20191224155957231311_._XR_logo_response.pdf
Converted PDF file(s) ( 6 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Evidence-6

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 009 for Computer application software for smartphones and tablet computers to enable users to stream 360-degree videos, multimedia, music, movie, games, and audio-visual material, and for hosting digital media content for others; Downloadable software to enable streaming of 360-degree videos, multimedia, music, movie, games, and audio-visual material, and for hosting digital media content for others; Downloadable multimedia file containing video relating to virtual reality games; Downloadable multimedia file containing video relating to virtual reality training; Computers featuring pre-installed virtual reality video game software; Virtual reality headsets; Headphones; Wireless headsets for mobile phones, smartphones and tablet computers; Head mounted video displays; Virtual reality video game software; Wearable digital electronic devices comprised primarily of software and display screens for watching virtual reality content; 3D eye glasses; Mobile telephones; Computers; Tablet computers; Portable computers; Televisions; Set-top boxes; Portable media players; DVD players; Computer monitors; Smart watches; Smartphones; Wearable activity trackers; Wearable computers in the nature of smartwatches and smartglasses; Protective covers for smartphones; Computer mouse; Computer keyboards; Audio speakers; Audio electronic components, namely, surround sound systems; Battery chargers for portable phones, tablet computers and portable computers; Rechargeable electric batteries; Light emitting diode (LED) displays; Blank USB flash drives; Blank flash memory cards; Network routers; Digital door locks; Digital signage display panels; Semiconductors; Solid state drives; Video projectors; Cameras; Electric sensors for sensing motion, fluid levels, temperature and pressure
Original Filing Basis:
Filing Basis: Section 44(d), Priority based on foreign filing: 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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority based upon a foreign application. For a certification 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, 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 or services that meet the certification standards of the applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on[ United Kingdom application number 3390716 filed 04/09/2019]. 15 U.S.C.Section 1126(d), as amended.

Proposed:
Tracked Text Description: Computer application software for smartphones and tablet computers to enable users to stream 360-degree videos, multimedia, music, movie, games, and audio-visual material, and for hosting digital media content for others; Downloadable computer application software for smartphones and tablet computers to enable users to stream 360-degree videos, multimedia, music, movie, games, and audio-visual material, and for hosting digital media content for others; Downloadable software to enable streaming of 360-degree videos, multimedia, music, movie, games, and audio-visual material, and for hosting digital media content for others; Recorded computer application software for smartphones and tablet computers to enable users to stream 360-degree videos, multimedia, music, movie, games, and audio-visual material, and for hosting digital media content for others; Downloadable multimedia file containing video relating to virtual reality games; Downloadable multimedia file containing video relating to virtual reality training; Computers featuring pre-installed virtual reality video game software; Virtual reality headsets; Headphones; Wireless headsets for mobile phones, smartphones and tablet computers; Virtual reality video game software; Head mounted video displays; Wearable digital electronic devices comprised primarily of software and display screens for watching virtual reality content; Downloadable virtual reality video game software; Recorded virtual reality video game software; Wearable digital electronic devices comprised primarily of software and display screens for watching virtual reality content, namely, smartwatches and smartphones in the shape of a watch; 3D eye glasses; Mobile telephones; Computers; Tablet computers; Portable computers; Televisions; Set-top boxes; Portable media players; DVD players; Computer monitors; Smart watches; Smartphones; Wearable activity trackers; Wearable computers in the nature of smartwatches and smartglasses; Protective covers for smartphones; Computer mouse; Computer keyboards; Audio speakers; Audio electronic components, namely, surround sound systems; Battery chargers for portable phones, tablet computers and portable computers; Rechargeable electric batteries; Light emitting diode (LED) displays; Blank USB flash drives; Blank flash memory cards; Network routers; Digital door locks; Digital signage display panels; Semiconductors; Solid state drives; Video projectors; Cameras; Electric sensors for sensing motion, fluid levels, temperature and pressureClass 009 for Downloadable computer application software for smartphones and tablet computers to enable users to stream 360-degree videos, multimedia, music, movie, games, and audio-visual material, and for hosting digital media content for others; Downloadable software to enable streaming of 360-degree videos, multimedia, music, movie, games, and audio-visual material, and for hosting digital media content for others; Recorded computer application software for smartphones and tablet computers to enable users to stream 360-degree videos, multimedia, music, movie, games, and audio-visual material, and for hosting digital media content for others; Downloadable multimedia file containing video relating to virtual reality games; Downloadable multimedia file containing video relating to virtual reality training; Computers featuring pre-installed virtual reality video game software; Virtual reality headsets; Headphones; Wireless headsets for mobile phones, smartphones and tablet computers; Head mounted video displays; Downloadable virtual reality video game software; Recorded virtual reality video game software; Wearable digital electronic devices comprised primarily of software and display screens for watching virtual reality content, namely, smartwatches and smartphones in the shape of a watch; 3D eye glasses; Mobile telephones; Computers; Tablet computers; Portable computers; Televisions; Set-top boxes; Portable media players; DVD players; Computer monitors; Smart watches; Smartphones; Wearable activity trackers; Wearable computers in the nature of smartwatches and smartglasses; Protective covers for smartphones; Computer mouse; Computer keyboards; Audio speakers; Audio electronic components, namely, surround sound systems; Battery chargers for portable phones, tablet computers and portable computers; Rechargeable electric batteries; Light emitting diode (LED) displays; Blank USB flash drives; Blank flash memory cards; Network routers; Digital door locks; Digital signage display panels; Semiconductors; Solid state drives; Video projectors; Cameras; Electric sensors for sensing motion, fluid levels, temperature and pressure
Filing Basis: Section 44(d), Priority based on foreign filing: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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority based upon a foreign application. 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, 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 or services that meet the certification standards of the applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on [ United Kingdom application number 3390716 filed 04/09/2019]. 15 U.S.C.Section 1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.

Filing Basis: Section 44(e), Based on Foreign Registration:For all applications: The applicant attaches a copy of [ United Kingdom registration number UK00003390716 registered 07/19/2019 with a renewal date of __________ and an expiration date of 07/19/2029 ], and translation thereof, if appropriate. 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. 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 on or 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 or services that meet the certification standards of the applicant.
Original PDF file:
FRU0-3832442-155957231_._Registration_Certificate_-_XR_Logo__Colour__-_UK.PDF
Converted PDF file(s) ( 3 pages)
Foreign Registration-1
Foreign Registration-2
Foreign Registration-3

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 038 for Streaming of data; Streaming audio and video material on the Internet; Electronic transmission and streaming of digital media content for others via global and local computer networks; Transmission and distribution of data or audio visual images via a global computer network or the internet; Telecommunication services, namely, transmission of voice, data, graphics, images, audio and video by means of telecommunications networks, wireless communication networks, and the Internet; Consulting in the field of telecommunication services, namely, transmission of voice, data, and documents via telecommunications networks; Interactive delivery of music and video over digital networks; Providing on-line chat rooms and electronic bulletin boards for transmission of messages among users in the field of general interest; Computer services, namely, providing on-line facilities for real-time interaction with other computer users concerning topics of general interest
Original Filing Basis:
Filing Basis: Section 44(d), Priority based on foreign filing: 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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority based upon a foreign application. For a certification 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, 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 or services that meet the certification standards of the applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on[ United Kingdom application number 3390716 filed 04/09/2019]. 15 U.S.C.Section 1126(d), as amended.

Proposed: Class 038 for Streaming of data; Streaming audio and video material on the Internet; Electronic transmission and streaming of digital media content for others via global and local computer networks; Transmission and distribution of data or audio visual images via a global computer network or the internet; Telecommunication services, namely, transmission of voice, data, graphics, images, audio and video by means of telecommunications networks, wireless communication networks, and the Internet; Consulting in the field of telecommunication services, namely, transmission of voice, data, and documents via telecommunications networks; Interactive delivery of music and video over digital networks; Providing on-line chat rooms and electronic bulletin boards for transmission of messages among users in the field of general interest; Computer services, namely, providing on-line facilities for real-time interaction with other computer users concerning topics of general interest
Filing Basis: Section 44(d), Priority based on foreign filing: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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority based upon a foreign application. 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, 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 or services that meet the certification standards of the applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on [ United Kingdom application number 3390716 filed 04/09/2019]. 15 U.S.C.Section 1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.

Filing Basis: Section 44(e), Based on Foreign Registration:For all applications: The applicant attaches a copy of [ United Kingdom registration number UK00003390716 registered 07/19/2019 with a renewal date of __________ and an expiration date of 07/19/2029 ], and translation thereof, if appropriate. 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. 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 on or 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 or services that meet the certification standards of the applicant.
Original PDF file:
FRU1-3832442-155957231_._Registration_Certificate_-_XR_Logo__Colour__-_UK.PDF
Converted PDF file(s) ( 3 pages)
Foreign Registration-1
Foreign Registration-2
Foreign Registration-3

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 042 for Providing temporary use of online non-downloadable software to enable streaming of 360-degree videos, audio, multimedia, music, movies, games, and audio-visual material, and for hosting digital multimedia content for others via the internet and other computer and electronic communication networks; Hosting websites on the Internet that provide digital entertainment content, music, movies and games; Technical support services, namely, troubleshooting in the nature of diagnosing and repairing application software problems for mobile phones, personal computers, portable computers, TV and MP3 players; Development, maintenance, and management of application software for mobile phones, personal computers, portable computers, TV and MP3 players; Maintenance, repair and updating of computer software, computer operating system software, and computer utility software; Providing information concerning the design, installation, updating, and maintenance of computer software via the internet and other computer and electronic communication networks; Providing consulting services and technical troubleshooting support in the nature of diagnosing problems for handheld mobile digital electronic devices and other consumer electronics; Consultancy in the design and development of computer hardware; Computer software consultancy; Providing information concerning the design, installation, updating, and maintenance of computer software provided on-line from a global computer network or the Internet; Design and development of websites of others featuring multimedia materials; Hosting the web-sites of others; Computer and computer technology consultancy
Original Filing Basis:
Filing Basis: Section 44(d), Priority based on foreign filing: 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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority based upon a foreign application. For a certification 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, 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 or services that meet the certification standards of the applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on[ United Kingdom application number 3390716 filed 04/09/2019]. 15 U.S.C.Section 1126(d), as amended.

Proposed: Class 042 for Providing temporary use of online non-downloadable software to enable streaming of 360-degree videos, audio, multimedia, music, movies, games, and audio-visual material, and for hosting digital multimedia content for others via the internet and other computer and electronic communication networks; Hosting websites on the Internet that provide digital entertainment content, music, movies and games; Technical support services, namely, troubleshooting in the nature of diagnosing and repairing application software problems for mobile phones, personal computers, portable computers, TV and MP3 players; Development, maintenance, and management of application software for mobile phones, personal computers, portable computers, TV and MP3 players; Maintenance, repair and updating of computer software, computer operating system software, and computer utility software; Providing information concerning the design, installation, updating, and maintenance of computer software via the internet and other computer and electronic communication networks; Providing consulting services and technical troubleshooting support in the nature of diagnosing problems for handheld mobile digital electronic devices and other consumer electronics; Consultancy in the design and development of computer hardware; Computer software consultancy; Providing information concerning the design, installation, updating, and maintenance of computer software provided on-line from a global computer network or the Internet; Design and development of websites of others featuring multimedia materials; Hosting the web-sites of others; Computer and computer technology consultancy
The applicant, 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, but has not provided the dates of use by the applicant, or the applicant's related company, licensee, or predecessor in interest, of the mark on or in connection with the identified goods and/or services.

Filing Basis: Section 44(d), Priority based on foreign filing: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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority based upon a foreign application. 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, 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 or services that meet the certification standards of the applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on [ United Kingdom application number 3390716 filed 04/09/2019]. 15 U.S.C.Section 1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.

Filing Basis: Section 44(e), Based on Foreign Registration:For all applications: The applicant attaches a copy of [ United Kingdom registration number UK00003390716 registered 07/19/2019 with a renewal date of __________ and an expiration date of 07/19/2029 ], and translation thereof, if appropriate. 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. 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 on or 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 or services that meet the certification standards of the applicant.
Original PDF file:
FRU2-3832442-155957231_._Registration_Certificate_-_XR_Logo__Colour__-_UK.PDF
Converted PDF file(s) ( 3 pages)
Foreign Registration-1
Foreign Registration-2
Foreign Registration-3

The applicant's current attorney information: Diane J. Mason. Diane J. Mason of Drinker Biddle & Reath LLP, is located at

      27th Floor
      Four Embarcadero Center
      San Francisco, California 94111-4180
      US

The phone number is 415-913-4911.

The email address is trademarksf@leclairryan.com

The applicants proposed attorney information: Diane J. Mason. Diane J. Mason of Drinker Biddle & Reath LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      27th Floor
      Four Embarcadero Center
      San Francisco, California 94111
      United States

The phone number is 4155917506.

The email address is sftrademarks@dbr.com

Diane J. Mason 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: DIANE J. MASON. DIANE J. MASON of Drinker Biddle & Reath LLP, is located at

      27th Floor
      Four Embarcadero Center
      San Francisco, California 94111-4180
      US

The phone number is 415-591-7506.

The email address is SFTrademarks@dbr.com

The applicants proposed correspondence information: Diane J. Mason. Diane J. Mason of Drinker Biddle & Reath LLP, is located at

      Four Embarcadero Center, 27th Floor
      San Francisco, California 94111
      United States

The phone number is 4155917506.

The email address is sftrademarks@dbr.com; sftrademarks@dbr.com

ADDITIONAL STATEMENTS
Miscellaneous Statement
The Applicant has a bona fide and effective industrial or commercial establishment in the United Kingdom, as of the date of issuance of the foreign registration.


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: /djm/      Date: 12/24/2019
Signatory's Name: Diane J. Mason
Signatory's Position: Attorney of Record, California Bar
Signatory's Phone Number: 4155917506


Response Signature
Signature: /djm/     Date: 12/24/2019
Signatory's Name: Diane J. Mason
Signatory's Position: Attorney of Record, California Bar

Signatory's Phone Number: 4155917506

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:    DIANE J. MASON
   Drinker Biddle & Reath LLP
   27th Floor
   Four Embarcadero Center
   San Francisco, California 94111-4180
Mailing Address:    Diane J. Mason
   Drinker Biddle & Reath LLP
   Four Embarcadero Center, 27th Floor
   San Francisco, California 94111
        
Serial Number: 88388080
Internet Transmission Date: Tue Dec 24 16:43:19 EST 2019
TEAS Stamp: USPTO/ROA-XX.XX.XX.X-2019122416431972700
6-88388080-700a35ca64ddfe750e57e61141a3c
5596a62c8cf9c7784b9638c5d5f6dd86984b-N/A
-N/A-20191224155957231311