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. 88409052 UNTETHERED IOT(Standard Characters, see http://uspto.report/TM/88409052/mark.png) has been amended as follows:

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

USPTO Office Action 071219 Response Seeonic received a Non-Final Office Action on July 12, 2019, rejecting our application for a USPTO Trademark for ?Untethered IoT?. This is a response to that rejection asking for reconsideration of the Untethered IoT trademark. The Examiner declined the trademark as the mark ?merely describes a characteristic or feature of applicant?s goods.? The examiner also stated that ?A mark is merely descriptive if it describes an ingredient, quality, characteristic, function, feature, purpose, or use of an applicant?s goods and/or services.? Seeonic?s would ask the USPTO to reconsider the initial rejection of ?Untethered IoT? for two primary reasons: In this instance, the USPTO happened to read ?untethered? as a technical term rather than its intended context as a term of business and operational value. For example, many IoT solutions require electrical or communications infrastructure. Mass-deploying such solutions entail operational complexities, creating ?tethers that impeded deployments, thereby negatively impacting business effectiveness and return on investment (ROI). In contrast, Seeonic?s product suite offers an ?untethered? alternative that yield companies maximal unimpeded flexibility which speeds time to market and improves the bottom line. In essence, Seeonic is using ?Untethered? in a similar way that one might use ?Unbound?. Seeonic has already been granted the trademark ?Untethered RFID? for products offered that are specific to the RFID category. In this case, the USPTO read ?Untethered? in the context intended ? as a term of business and operational value rather than a technical one. Seeonic respectfully requests the same context be applied to ?Untethered IoT?. Word Mark UNTETHERED RFID Goods and Services IC 009. US 021 023 026 036 038. G & S: RFID readers; Radio-frequency identification (RFID) readers. FIRST USE: 20171101. FIRST USE IN COMMERCE: 20180302 Standard Characters Claimed Mark Drawing Code (4) STANDARD CHARACTER MARK Serial Number 87863228 Filing Date April 4, 2018 Current Basis 1A Original Filing Basis 1A Published for Opposition September 18, 2018 Registration Number 5621220 Registration Date December 4, 2018 Owner (REGISTRANT) Seeonic, Inc. CORPORATION MINNESOTA 1848 Berkshire Lane North Plymouth MINNESOTA 55441 Disclaimer NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE "RFID" APART FROM THE MARK AS SHOWN Type of Mark TRADEMARK Register PRINCIPAL Live/Dead Indicator LIVE

EVIDENCE
Evidence in the nature of The mark "Untethered IoT" is place on our SightWare RFID reader for delivery to our customers. has been attached. Evidence-1

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 009 for Microcontrollers for internet of things (IoT) enabled devices
Original Filing Basis:
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, 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. The mark was first used at least as early as 01/20/2019 and first used in commerce at least as early as 04/04/2019 , and is now in use in such commerce.

Proposed: Class 009 for Microcontrollers for internet of things (IoT) enabled devices
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, 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. The mark was first used at least as early as 01/20/2019 and first used in commerce at least as early as 04/04/2019 , and is now in use in such commerce.
Applicant hereby submits one(or more) specimen(s) for Class 009 . The specimen(s) submitted consists of Picture of the Seeonic SightWare RFID Reader with the mark "Untethered IoT" just before being sent to a customer. .
"The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing date of the application"[for an application based on Section 1(a), Use in Commerce] OR "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce prior either to the filing of the Amendment to Allege Use or expiration of the filing deadline for filing a Statement of Use" [for an application based on Section 1(b) Intent-to-Use]. OR "The attached specimen is a true copy of the specimen that was originally submitted with the application, amendment to allege use, or statement of use" [for an illegible specimen]. Specimen File1

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: /Harley Feldman/      Date: 01/10/2020
Signatory's Name: Harley Feldman
Signatory's Position: Cofounder & CMO
Signatory's Phone Number: 612-840-1774


Response Signature
Signature: /Harley Feldman/     Date: 01/10/2020
Signatory's Name: Harley Feldman
Signatory's Position: Cofounder and CMO

Signatory's Phone Number: 612-840-1774

The signatory has confirmed that he/she is not represented by an authorized attorney, and that he/she is either: (1) the owner/holder ; or (2) a person or persons with legal authority to bind the owner/holder; and if he/she had previously been represented by an attorney in this matter, either he/she revoked their power of attorney by filing a signed revocation with the USPTO or the USPTO has granted this attorney's withdrawal request.

        
Serial Number: 88409052
Internet Transmission Date: Fri Jan 10 17:22:09 EST 2020
TEAS Stamp: USPTO/ROA-XX.XXX.XX.XX-20200110172209302
282-88409052-7008c566f944db0c4a09b522bb3
e8d88efc8c45ccbc843edadfbc5d1c5cd4ab5068
-N/A-N/A-20200110165147115741