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. 88390003 TOUCHVIEW(Standard Characters, see http://uspto.report/TM/88390003/mark.png) has been amended as follows:

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

PARTIAL SECTION 2(e)(1) REFUSAL ? MERELY DESCRIPTIVE Applicant will be submitting a request to divide class 9 from the application and amending to the supplemental for this class once this response is processed. SECTION 2(D) REFUSAL - LIKELIHOOD OF CONFUSION Applicant has attached its response.

EVIDENCE
Evidence in the nature of applicant's response and exhibits has been attached.
Original PDF file:
evi_17316218854-20191120220642989965_._Office_Action_Response_and_Enclosures.pdf
Converted PDF file(s) ( 25 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
Evidence-15
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Evidence-18
Evidence-19
Evidence-20
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Evidence-22
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Evidence-25

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant hereby deletes the following class of goods/services from the application.
Class 020 for wall mounts

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 009 for interactive touch screen displays, webcams, wireless keyboards, digital signage panels, computers, wireless modules for the touch panels
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: interactive touch screen displays, webcams, wireless keyboards, digital signage panels, computers, wireless modules for the touch panels; interactive LED touch screen displays; digital signage display panels; wireless integrated circuit and computer memory modules for the touch panelsClass 009 for interactive LED touch screen displays; digital signage display panels; wireless integrated circuit and computer memory modules for the touch panels
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 012 for mobile carts
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: mobile carts; mobile carts, namely trolleys and mobile storage cart for domestic and commercial useClass 012 for mobile carts, namely trolleys and mobile storage cart for domestic and commercial use
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 hereby adds the following class of goods/services to the application:
New: Class 006 (Original Class: 020 ) for wall mounts, namely, metal mounting brackets for general use, metal hardware in the nature of general use wall and ceiling mounts for audio, video or computer equipment
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: Brendan M. Shortell. Brendan M. Shortell of LAMBERT SHORTELL & CONNAUGHTON, is located at

      SUITE 200
      92 STATE STREET
      BOSTON, Massachusetts 02109
      US
The docket/reference number is 19-048-JH.

The phone number is 617-720-5822.

The fax number is 6177206307.

The email address is shortell@lambertpatentlaw.com

The applicants proposed attorney information: Brendan M. Shortell. Brendan M. Shortell of LAMBERT SHORTELL & CONNAUGHTON, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      SUITE 200
      92 STATE STREET
      BOSTON, Massachusetts 02109
      United States
The docket/reference number is 19-048-JH.

The phone number is 617-720-5822.

The fax number is 6177206307.

The email address is shortell@lambertpatentlaw.com

Brendan M. Shortell 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: BRENDAN M. SHORTELL. BRENDAN M. SHORTELL of LAMBERT SHORTELL & CONNAUGHTON, is located at

      SUITE 200
      92 STATE STREET
      BOSTON, Massachusetts 02109
      US
The docket/reference number is 19-048-JH.

The phone number is 617-720-5822.

The fax number is 6177206307.

The email address is shortell@lambertpatentlaw.com

The applicants proposed correspondence information: Brendan M. Shortell. Brendan M. Shortell of LAMBERT SHORTELL & CONNAUGHTON, is located at

      SUITE 200
      92 STATE STREET
      BOSTON, Massachusetts 02109
      United States
The docket/reference number is 19-048-JH.

The phone number is 617-720-5822.

The fax number is 6177206307.

The email address is shortell@lambertpatentlaw.com

SIGNATURE(S)
Response Signature
Signature: /Brendan M. Shortell/     Date: 11/20/2019
Signatory's Name: Brendan M. Shortell
Signatory's Position: attorney of record, member of MA bar

Signatory's Phone Number: 6177205822

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:    BRENDAN M. SHORTELL
   LAMBERT SHORTELL & CONNAUGHTON
   SUITE 200
   92 STATE STREET
   BOSTON, Massachusetts 02109
Mailing Address:    Brendan M. Shortell
   LAMBERT SHORTELL & CONNAUGHTON
   SUITE 200
   92 STATE STREET
   BOSTON, Massachusetts 02109
        
Serial Number: 88390003
Internet Transmission Date: Wed Nov 20 22:32:28 EST 2019
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.XX-201911202232284
84326-88390003-7001699cf974ed08a6c0f60c9
5d23536855f4d80e57bee801b8e76cad3bfb380-
N/A-N/A-20191120220642989965