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 |
88411653 |
LAW OFFICE ASSIGNED |
LAW OFFICE 114 |
MARK SECTION |
MARK |
http://uspto.report/TM/88411653/mark.png |
LITERAL ELEMENT |
NAVIGA |
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) |
Please see the actual argument text attached within the Evidence section. For those reasons, Applicant believes no translation of the mark is
required in this Response to Office Action. |
EVIDENCE SECTION |
EVIDENCE FILE NAME(S) |
ORIGINAL PDF FILE |
evi_2041451034-20200114145810984584_._NAVIGA_Response_to_Office_Action__O2715222x9F8AD_.pdf |
CONVERTED PDF FILE(S)
(4 pages) |
\\TICRS\EXPORT17\IMAGEOUT17\884\116\88411653\xml4\ROA0002.JPG |
|
\\TICRS\EXPORT17\IMAGEOUT17\884\116\88411653\xml4\ROA0003.JPG |
|
\\TICRS\EXPORT17\IMAGEOUT17\884\116\88411653\xml4\ROA0004.JPG |
|
\\TICRS\EXPORT17\IMAGEOUT17\884\116\88411653\xml4\ROA0005.JPG |
DESCRIPTION OF EVIDENCE FILE |
Legal argument. |
GOODS AND/OR SERVICES SECTION (current) |
INTERNATIONAL CLASS |
038 |
DESCRIPTION |
Internet access services; telecommunication services, namely, transmission of voice, data, images, text, audio and video by means of
telecommunications networks, optical fiber networks, wireless networks, and the internet; providing access to computer information networks; personal communications services; providing
telecommunications connections over a global communications network; electronic mail services; voice mail services; electronic voice messaging, namely, the recording and storage and subsequent
transmission of voice messages using telecommunications networks, optical fiber networks, wireless networks, and the internet; audio, text, image and video broadcasting services over the internet or
other communication networks; streaming and live streaming of video, audiovisual, and interactive audiovisual content over the internet or other communication networks; telecommunications and
peer-to-peer network computer services, namely, electronic transmission of images, audio-visual and video content, photographs, videos, data, text, messages, communications and information; cable
television broadcasting; voice over internet protocol (voip) services |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (proposed) |
INTERNATIONAL CLASS |
038 |
TRACKED TEXT DESCRIPTION |
Internet access services; telecommunication services, namely, transmission of voice, data,
images, text, audio and video by means of telecommunications networks, optical fiber networks, wireless networks, and the internet; providing access to computer information
networks; personal communications services; providing telecommunications connections over a global communications network; electronic mail services; transmission of electronic mail; voice mail services; electronic voice messaging, namely, the recording and storage and subsequent transmission of voice messages using telecommunications networks, optical fiber networks, wireless networks, and
the internet; electronic voice messaging, namely, the recording and subsequent transmission of voice messages using telecommunications networks, optical fiber
networks, wireless networks, and the internet; audio, text, image and video broadcasting services over the internet or other communication networks; streaming and live streaming of video, audiovisual, and interactive audiovisual content over the internet or other communication networks; telecommunications and
peer-to-peer network computer services, namely, electronic transmission of images, audio-visual and video content, photographs, videos, data, text, messages, communications and information;
cable television broadcasting; voice over internet protocol (voip) services |
FINAL DESCRIPTION |
Internet access services; telecommunication services, namely, transmission of voice, data, images, text, audio and video by means of
telecommunications networks, optical fiber networks, wireless networks, and the internet; providing access to computer information networks; personal communications services; providing
telecommunications connections over a global communications network; transmission of electronic mail; voice mail services; electronic voice messaging, namely, the recording and subsequent
transmission of voice messages using telecommunications networks, optical fiber networks, wireless networks, and the internet; audio, text, image and video broadcasting services over the internet or
other communication networks; streaming and live streaming of video, audiovisual, and interactive audiovisual content over the internet or other communication networks; telecommunications and
peer-to-peer network computer services, namely, electronic transmission of images, audio-visual and video content, photographs, videos, data, text, messages, communications and information; cable
television broadcasting; voice over internet protocol (voip) services |
FILING BASIS |
Section 1(b) |
ATTORNEY SECTION (current) |
NAME |
David P. Hathaway |
ATTORNEY BAR MEMBERSHIP NUMBER |
NOT SPECIFIED |
YEAR OF ADMISSION |
NOT SPECIFIED |
U.S. STATE/ COMMONWEALTH/ TERRITORY |
NOT SPECIFIED |
FIRM NAME |
DEAN, MEAD, EGERTON, BLOODWORTH, CAPOUANO & BOZART |
INTERNAL ADDRESS |
SUITE 700 |
STREET |
420 S. ORANGE AVE. |
CITY |
ORLANDO |
STATE |
Florida |
POSTAL CODE |
32801 |
COUNTRY |
US |
PHONE |
407-428-5124 |
FAX |
407-423-1831 |
EMAIL |
dhathaway@deanmead.com |
AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
ATTORNEY SECTION (proposed) |
NAME |
David P. Hathaway |
ATTORNEY BAR MEMBERSHIP NUMBER |
XXX |
YEAR OF ADMISSION |
XXXX |
U.S. STATE/ COMMONWEALTH/ TERRITORY |
XX |
FIRM NAME |
DEAN, MEAD, EGERTON, BLOODWORTH, CAPOUANO & BOZART |
INTERNAL ADDRESS |
SUITE 700 |
STREET |
420 S. ORANGE AVE. |
CITY |
ORLANDO |
STATE |
Florida |
POSTAL CODE |
32801 |
COUNTRY |
United States |
PHONE |
407-428-5124 |
FAX |
407-423-1831 |
EMAIL |
dhathaway@deanmead.com |
AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
CORRESPONDENCE SECTION (current) |
NAME |
DAVID P. HATHAWAY |
FIRM NAME |
DEAN, MEAD, EGERTON, BLOODWORTH, CAPOUANO & BOZART |
INTERNAL ADDRESS |
SUITE 700 |
STREET |
420 S. ORANGE AVE. |
CITY |
ORLANDO |
STATE |
Florida |
POSTAL CODE |
32801 |
COUNTRY |
US |
PHONE |
407-428-5124 |
FAX |
407-423-1831 |
EMAIL |
dhathaway@deanmead.com; smarshall@deanmead.com |
AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
CORRESPONDENCE SECTION (proposed) |
NAME |
David P. Hathaway |
FIRM NAME |
DEAN, MEAD, EGERTON, BLOODWORTH, CAPOUANO & BOZART |
INTERNAL ADDRESS |
SUITE 700 |
STREET |
420 S. ORANGE AVE. |
CITY |
ORLANDO |
STATE |
Florida |
POSTAL CODE |
32801 |
COUNTRY |
United States |
PHONE |
407-428-5124 |
FAX |
407-423-1831 |
EMAIL |
dhathaway@deanmead.com; smarshall@deanmead.com |
AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
SIGNATURE SECTION |
RESPONSE SIGNATURE |
/David P. Hathaway/ |
SIGNATORY'S NAME |
David P. Hathaway |
SIGNATORY'S POSITION |
Attorney of record, Florida bar member |
SIGNATORY'S PHONE NUMBER |
407-841-1200 |
DATE SIGNED |
01/14/2020 |
AUTHORIZED SIGNATORY |
YES |
FILING INFORMATION SECTION |
SUBMIT DATE |
Tue Jan 14 15:12:01 EST 2020 |
TEAS STAMP |
USPTO/ROA-XXX.XXX.XXX.X-2
0200114151201065841-88411
653-700d88f65279b93dfdb9c
123e9fbbd4879553a19551fe6
a87a75ea5ac423dfa0-N/A-N/
A-20200114145810984584 |
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.
88411653 NAVIGA(Standard Characters, see http://uspto.report/TM/88411653/mark.png) has been amended as follows:
ARGUMENT(S)
In response to the substantive refusal(s), please note the following:
Please see the actual argument text attached within the Evidence section. For those reasons, Applicant believes no translation of the mark is required in this Response to Office Action.
EVIDENCE
Evidence in the nature of Legal argument. has been attached.
Original PDF file:
evi_2041451034-20200114145810984584_._NAVIGA_Response_to_Office_Action__O2715222x9F8AD_.pdf
Converted PDF file(s) ( 4 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 038 for Internet access services; telecommunication services, namely, transmission of voice, data, images, text, audio and video by means of telecommunications networks, optical
fiber networks, wireless networks, and the internet; providing access to computer information networks; personal communications services; providing telecommunications connections over a global
communications network; electronic mail services; voice mail services; electronic voice messaging, namely, the recording and storage and subsequent transmission of voice messages using
telecommunications networks, optical fiber networks, wireless networks, and the internet; audio, text, image and video broadcasting services over the internet or other communication networks;
streaming and live streaming of video, audiovisual, and interactive audiovisual content over the internet or other communication networks; telecommunications and peer-to-peer network computer
services, namely, electronic transmission of images, audio-visual and video content, photographs, videos, data, text, messages, communications and information; cable television broadcasting; voice
over internet protocol (voip) services
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: Internet access services;
telecommunication services, namely, transmission of voice, data, images, text, audio and video
by means of telecommunications networks, optical fiber networks, wireless networks, and the internet;
providing access to computer information networks;
personal communications services;
providing telecommunications connections over a global communications network;
electronic
mail services;
transmission of electronic mail;
voice mail services;
electronic voice
messaging, namely, the recording and storage and subsequent transmission of voice messages using telecommunications networks, optical fiber networks, wireless networks, and the internet;
electronic voice messaging, namely, the recording and subsequent transmission of voice messages using telecommunications networks, optical fiber networks, wireless
networks, and the internet;
audio, text, image and video broadcasting services over the internet or other communication networks;
streaming and
live streaming of video, audiovisual, and interactive audiovisual content over the internet or other communication networks;
telecommunications and peer-to-peer network
computer services, namely, electronic transmission of images, audio-visual and video content, photographs, videos, data, text, messages, communications and information;
cable television broadcasting;
voice over internet protocol (voip) servicesClass 038 for Internet access services; telecommunication services, namely,
transmission of voice, data, images, text, audio and video by means of telecommunications networks, optical fiber networks, wireless networks, and the internet; providing access to computer
information networks; personal communications services; providing telecommunications connections over a global communications network; transmission of electronic mail; voice mail services; electronic
voice messaging, namely, the recording and subsequent transmission of voice messages using telecommunications networks, optical fiber networks, wireless networks, and the internet; audio, text, image
and video broadcasting services over the internet or other communication networks; streaming and live streaming of video, audiovisual, and interactive audiovisual content over the internet or other
communication networks; telecommunications and peer-to-peer network computer services, namely, electronic transmission of images, audio-visual and video content, photographs, videos, data, text,
messages, communications and information; cable television broadcasting; voice over internet protocol (voip) services
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: David P. Hathaway. David P. Hathaway of DEAN, MEAD, EGERTON, BLOODWORTH, CAPOUANO & BOZART, is located at
SUITE 700
420 S. ORANGE AVE.
ORLANDO, Florida 32801
US
The phone number is 407-428-5124.
The fax number is 407-423-1831.
The email address is dhathaway@deanmead.com
The applicants proposed attorney information: David P. Hathaway. David P. Hathaway of DEAN, MEAD, EGERTON, BLOODWORTH, CAPOUANO & BOZART, is a member of the XX bar, admitted to the bar in
XXXX, bar membership no. XXX, is located at
SUITE 700
420 S. ORANGE AVE.
ORLANDO, Florida 32801
United States
The phone number is 407-428-5124.
The fax number is 407-423-1831.
The email address is dhathaway@deanmead.com
David P. Hathaway 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: DAVID P. HATHAWAY. DAVID P. HATHAWAY of DEAN, MEAD, EGERTON, BLOODWORTH, CAPOUANO & BOZART, is located at
SUITE 700
420 S. ORANGE AVE.
ORLANDO, Florida 32801
US
The phone number is 407-428-5124.
The fax number is 407-423-1831.
The email address is dhathaway@deanmead.com; smarshall@deanmead.com
The applicants proposed correspondence information: David P. Hathaway. David P. Hathaway of DEAN, MEAD, EGERTON, BLOODWORTH, CAPOUANO & BOZART, is located at
SUITE 700
420 S. ORANGE AVE.
ORLANDO, Florida 32801
United States
The phone number is 407-428-5124.
The fax number is 407-423-1831.
The email address is dhathaway@deanmead.com; smarshall@deanmead.com
SIGNATURE(S)
Response Signature
Signature: /David P. Hathaway/ Date: 01/14/2020
Signatory's Name: David P. Hathaway
Signatory's Position: Attorney of record, Florida bar member
Signatory's Phone Number: 407-841-1200
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: DAVID P. HATHAWAY
DEAN, MEAD, EGERTON, BLOODWORTH, CAPOUANO & BOZART
SUITE 700
420 S. ORANGE AVE.
ORLANDO, Florida 32801
Mailing Address: David P. Hathaway
DEAN, MEAD, EGERTON, BLOODWORTH, CAPOUANO & BOZART
SUITE 700
420 S. ORANGE AVE.
ORLANDO, Florida 32801
Serial Number: 88411653
Internet Transmission Date: Tue Jan 14 15:12:01 EST 2020
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.X-2020011415120106
5841-88411653-700d88f65279b93dfdb9c123e9
fbbd4879553a19551fe6a87a75ea5ac423dfa0-N
/A-N/A-20200114145810984584