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 |
88400014 |
LAW OFFICE ASSIGNED |
LAW OFFICE 107 |
MARK SECTION |
MARK FILE NAME |
http://uspto.report/TM/88400014/mark.png |
LITERAL ELEMENT |
AXIS |
STANDARD CHARACTERS |
NO |
USPTO-GENERATED IMAGE |
NO |
GOODS AND/OR SERVICES SECTION (current) |
INTERNATIONAL CLASS |
009 |
DESCRIPTION |
Optical sensor system comprised of photo-diodes and optical fiber cable using projected, structured light patterns to determine the
location of video projectors in 3D space for projection mapping for entertainment and live events |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
018053419 |
FOREIGN APPLICATION COUNTRY |
European Union Trademark - EUTM |
FOREIGN FILING DATE |
04/18/2019 |
GOODS AND/OR SERVICES SECTION (proposed) |
INTERNATIONAL CLASS |
009 |
TRACKED TEXT DESCRIPTION |
Optical sensor system comprised of photo-diodes and optical fiber cable using projected, structured light patterns to
determine the location of video projectors in 3D space for projection mapping for entertainment and live events; none of the above-mentioned goods in relation
to access control products, video intercom products, audio intercom products, surveillance products, cameras including but not limited to digital cameras, network cameras, web cameras and IP-cameras,
video encoders, video decoders, network document servers, print servers, radars, speakers, microphones, software and accessories for the above-mentioned products |
FINAL DESCRIPTION |
Optical sensor system comprised of photo-diodes and optical fiber cable using projected, structured light patterns to determine the
location of video projectors in 3D space for projection mapping for entertainment and live events; none of the above-mentioned goods in relation to access control products, video intercom products,
audio intercom products, surveillance products, cameras including but not limited to digital cameras, network cameras, web cameras and IP-cameras, video encoders, video decoders, network document
servers, print servers, radars, speakers, microphones, software and accessories for the above-mentioned products |
FILING BASIS |
Section 1(b) |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
018053419 |
FOREIGN APPLICATION COUNTRY |
European Union Trademark - EUTM |
FOREIGN FILING DATE |
04/18/2019 |
INTENT TO
PERFECT 44(d)
|
At this time, the applicant has another basis for registration (Section 1(a) or Section 1(b)) and does NOT intend to rely on Section 44(e) as the
basis for registration, but is only asserting a valid claim of priority. The application should not be suspended to await the submission of the foreign registration. |
SIGNATURE SECTION |
DECLARATION SIGNATURE |
/Lori Krafte/ |
SIGNATORY'S NAME |
Lori Krafte |
SIGNATORY'S POSITION |
Attorney of record, Ohio bar member |
SIGNATORY'S PHONE NUMBER |
5132412324 |
DATE SIGNED |
07/24/2019 |
RESPONSE SIGNATURE |
/Lori Krafte/ |
SIGNATORY'S NAME |
Lori Krafte |
SIGNATORY'S POSITION |
Attorney of record, Ohio bar member |
SIGNATORY'S PHONE NUMBER |
5132412324 |
DATE SIGNED |
07/24/2019 |
AUTHORIZED SIGNATORY |
YES |
FILING INFORMATION SECTION |
SUBMIT DATE |
Wed Jul 24 15:16:24 EDT 2019 |
TEAS STAMP |
USPTO/ROA-XXX.XXX.XXX.XX-
20190724151624351625-8840
0014-620d7be2e8940cd7b9c9
caf84b29a62ffc495478a0874
15d54158ec354e5171c63-N/A
-N/A-20190724150718766510 |
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.
88400014 AXIS (Stylized and/or with Design, see http://uspto.report/TM/88400014/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 Optical sensor system comprised of photo-diodes and optical fiber cable using projected, structured light patterns to determine the location of video projectors in 3D
space for projection mapping for entertainment and live events
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[ European Union Trademark - EUTM application number 018053419 filed 04/18/2019]. 15 U.S.C.Section
1126(d), as amended.
Proposed:
Tracked Text Description: Optical sensor system comprised of photo-diodes and optical fiber cable using projected, structured light patterns to determine the location of
video projectors in 3D space for projection mapping for entertainment and live events;
none of the above-mentioned goods in relation to access control
products, video intercom products, audio intercom products, surveillance products, cameras including but not limited to digital cameras, network cameras, web cameras and IP-cameras, video encoders,
video decoders, network document servers, print servers, radars, speakers, microphones, software and accessories for the above-mentioned productsClass 009 for Optical sensor system comprised of
photo-diodes and optical fiber cable using projected, structured light patterns to determine the location of video projectors in 3D space for projection mapping for entertainment and live events;
none of the above-mentioned goods in relation to access control products, video intercom products, audio intercom products, surveillance products, cameras including but not limited to digital
cameras, network cameras, web cameras and IP-cameras, video encoders, video decoders, network document servers, print servers, radars, speakers, microphones, software and accessories for the
above-mentioned products
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.
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 [ European Union Trademark - EUTM application number 018053419 filed
04/18/2019]. 15 U.S.C.Section 1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant has another basis for registration (Section 1(a) or Section 1(b)) and does NOT intend to rely on Section 44(e) as the basis for registration, but
is only asserting a valid claim of priority. The application should not be suspended to await the submission 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: /Lori Krafte/ Date: 07/24/2019
Signatory's Name: Lori Krafte
Signatory's Position: Attorney of record, Ohio bar member
Signatory's Phone Number: 5132412324
Response Signature
Signature: /Lori Krafte/ Date: 07/24/2019
Signatory's Name: Lori Krafte
Signatory's Position: Attorney of record, Ohio bar member
Signatory's Phone Number: 5132412324
The signatory has confirmed that he/she is an attorney who is a member in good standing of the bar of the highest court of a U.S. state, which includes the District of Columbia, Puerto Rico, and
other federal territories and possessions; 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. attorney or a Canadian attorney/agent not currently associated with his/her company/firm previously represented the owner/holder in this matter: (1) the owner/holder has filed or is concurrently
filing a signed revocation of or substitute power of attorney with the USPTO; (2) the USPTO has granted the request of the prior representative to withdraw; (3) the owner/holder has filed a power of
attorney appointing him/her in this matter; or (4) the owner's/holder's appointed U.S. attorney or Canadian attorney/agent has filed a power of attorney appointing him/her as an associate attorney in
this matter.
Serial Number: 88400014
Internet Transmission Date: Wed Jul 24 15:16:24 EDT 2019
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.XX-201907241516243
51625-88400014-620d7be2e8940cd7b9c9caf84
b29a62ffc495478a087415d54158ec354e5171c6
3-N/A-N/A-20190724150718766510