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
The table below presents the data as entered.
Input Field
|
Entered
|
SERIAL NUMBER |
88390003 |
LAW OFFICE ASSIGNED |
LAW OFFICE 128 |
MARK SECTION |
MARK |
http://uspto.report/TM/88390003/mark.png |
LITERAL ELEMENT |
TOUCHVIEW |
STANDARD CHARACTERS |
YES |
USPTO-GENERATED IMAGE |
YES |
MARK STATEMENT |
The mark consists of standard characters, without claim to any particular font style, size or color. |
ARGUMENT(S) |
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 SECTION |
EVIDENCE FILE NAME(S) |
ORIGINAL PDF FILE |
evi_17316218854-20191120220642989965_._Office_Action_Response_and_Enclosures.pdf |
CONVERTED PDF FILE(S)
(25 pages) |
\\TICRS\EXPORT17\IMAGEOUT17\883\900\88390003\xml4\ROA0002.JPG |
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\\TICRS\EXPORT17\IMAGEOUT17\883\900\88390003\xml4\ROA0003.JPG |
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\\TICRS\EXPORT17\IMAGEOUT17\883\900\88390003\xml4\ROA0004.JPG |
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\\TICRS\EXPORT17\IMAGEOUT17\883\900\88390003\xml4\ROA0005.JPG |
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\\TICRS\EXPORT17\IMAGEOUT17\883\900\88390003\xml4\ROA0006.JPG |
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\\TICRS\EXPORT17\IMAGEOUT17\883\900\88390003\xml4\ROA0007.JPG |
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\\TICRS\EXPORT17\IMAGEOUT17\883\900\88390003\xml4\ROA0008.JPG |
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\\TICRS\EXPORT17\IMAGEOUT17\883\900\88390003\xml4\ROA0009.JPG |
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\\TICRS\EXPORT17\IMAGEOUT17\883\900\88390003\xml4\ROA0010.JPG |
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\\TICRS\EXPORT17\IMAGEOUT17\883\900\88390003\xml4\ROA0011.JPG |
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\\TICRS\EXPORT17\IMAGEOUT17\883\900\88390003\xml4\ROA0012.JPG |
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\\TICRS\EXPORT17\IMAGEOUT17\883\900\88390003\xml4\ROA0013.JPG |
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\\TICRS\EXPORT17\IMAGEOUT17\883\900\88390003\xml4\ROA0014.JPG |
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\\TICRS\EXPORT17\IMAGEOUT17\883\900\88390003\xml4\ROA0015.JPG |
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\\TICRS\EXPORT17\IMAGEOUT17\883\900\88390003\xml4\ROA0016.JPG |
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\\TICRS\EXPORT17\IMAGEOUT17\883\900\88390003\xml4\ROA0017.JPG |
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\\TICRS\EXPORT17\IMAGEOUT17\883\900\88390003\xml4\ROA0018.JPG |
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\\TICRS\EXPORT17\IMAGEOUT17\883\900\88390003\xml4\ROA0019.JPG |
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\\TICRS\EXPORT17\IMAGEOUT17\883\900\88390003\xml4\ROA0020.JPG |
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\\TICRS\EXPORT17\IMAGEOUT17\883\900\88390003\xml4\ROA0021.JPG |
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\\TICRS\EXPORT17\IMAGEOUT17\883\900\88390003\xml4\ROA0022.JPG |
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\\TICRS\EXPORT17\IMAGEOUT17\883\900\88390003\xml4\ROA0023.JPG |
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\\TICRS\EXPORT17\IMAGEOUT17\883\900\88390003\xml4\ROA0024.JPG |
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\\TICRS\EXPORT17\IMAGEOUT17\883\900\88390003\xml4\ROA0025.JPG |
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\\TICRS\EXPORT17\IMAGEOUT17\883\900\88390003\xml4\ROA0026.JPG |
DESCRIPTION OF EVIDENCE FILE |
applicant's response and exhibits |
GOODS AND/OR SERVICES SECTION (009)(current) |
INTERNATIONAL CLASS |
009 |
DESCRIPTION |
interactive touch screen displays, webcams, wireless keyboards, digital signage panels, computers, wireless modules for the touch
panels |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (009)(proposed) |
INTERNATIONAL CLASS |
009 |
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 panels |
FINAL DESCRIPTION |
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) |
GOODS AND/OR SERVICES SECTION (012)(current) |
INTERNATIONAL CLASS |
012 |
DESCRIPTION |
mobile carts |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (012)(proposed) |
INTERNATIONAL CLASS |
012 |
TRACKED TEXT DESCRIPTION |
mobile carts; mobile carts, namely trolleys and mobile storage cart
for domestic and commercial use |
FINAL DESCRIPTION |
mobile carts, namely trolleys and mobile storage cart for domestic and commercial use |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (020)(class deleted) |
GOODS AND/OR SERVICES SECTION (006)(class added)Original Class (020) |
INTERNATIONAL CLASS |
006 |
DESCRIPTION |
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) |
ATTORNEY SECTION (current) |
NAME |
Brendan M. Shortell |
ATTORNEY BAR MEMBERSHIP NUMBER |
NOT SPECIFIED |
YEAR OF ADMISSION |
NOT SPECIFIED |
U.S. STATE/ COMMONWEALTH/ TERRITORY |
NOT SPECIFIED |
FIRM NAME |
LAMBERT SHORTELL & CONNAUGHTON |
INTERNAL ADDRESS |
SUITE 200 |
STREET |
92 STATE STREET |
CITY |
BOSTON |
STATE |
Massachusetts |
POSTAL CODE |
02109 |
COUNTRY |
US |
PHONE |
617-720-5822 |
FAX |
6177206307 |
EMAIL |
shortell@lambertpatentlaw.com |
AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
DOCKET/REFERENCE NUMBER |
19-048-JH |
ATTORNEY SECTION (proposed) |
NAME |
Brendan M. Shortell |
ATTORNEY BAR MEMBERSHIP NUMBER |
XXX |
YEAR OF ADMISSION |
XXXX |
U.S. STATE/ COMMONWEALTH/ TERRITORY |
XX |
FIRM NAME |
LAMBERT SHORTELL & CONNAUGHTON |
INTERNAL ADDRESS |
SUITE 200 |
STREET |
92 STATE STREET |
CITY |
BOSTON |
STATE |
Massachusetts |
POSTAL CODE |
02109 |
COUNTRY |
United States |
PHONE |
617-720-5822 |
FAX |
6177206307 |
EMAIL |
shortell@lambertpatentlaw.com |
AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
DOCKET/REFERENCE NUMBER |
19-048-JH |
CORRESPONDENCE SECTION (current) |
NAME |
BRENDAN M. SHORTELL |
FIRM NAME |
LAMBERT SHORTELL & CONNAUGHTON |
INTERNAL ADDRESS |
SUITE 200 |
STREET |
92 STATE STREET |
CITY |
BOSTON |
STATE |
Massachusetts |
POSTAL CODE |
02109 |
COUNTRY |
US |
PHONE |
617-720-5822 |
FAX |
6177206307 |
EMAIL |
shortell@lambertpatentlaw.com |
AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
DOCKET/REFERENCE NUMBER |
19-048-JH |
CORRESPONDENCE SECTION (proposed) |
NAME |
Brendan M. Shortell |
FIRM NAME |
LAMBERT SHORTELL & CONNAUGHTON |
INTERNAL ADDRESS |
SUITE 200 |
STREET |
92 STATE STREET |
CITY |
BOSTON |
STATE |
Massachusetts |
POSTAL CODE |
02109 |
COUNTRY |
United States |
PHONE |
617-720-5822 |
FAX |
6177206307 |
EMAIL |
shortell@lambertpatentlaw.com |
AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
DOCKET/REFERENCE NUMBER |
19-048-JH |
SIGNATURE SECTION |
RESPONSE SIGNATURE |
/Brendan M. Shortell/ |
SIGNATORY'S NAME |
Brendan M. Shortell |
SIGNATORY'S POSITION |
attorney of record, member of MA bar |
SIGNATORY'S PHONE NUMBER |
6177205822 |
DATE SIGNED |
11/20/2019 |
AUTHORIZED SIGNATORY |
YES |
FILING INFORMATION SECTION |
SUBMIT DATE |
Wed Nov 20 22:32:28 EST 2019 |
TEAS STAMP |
USPTO/ROA-XXX.XXX.XXX.XX-
20191120223228484326-8839
0003-7001699cf974ed08a6c0
f60c95d23536855f4d80e57be
e801b8e76cad3bfb380-N/A-N
/A-20191120220642989965 |
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
Evidence-16
Evidence-17
Evidence-18
Evidence-19
Evidence-20
Evidence-21
Evidence-22
Evidence-23
Evidence-24
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