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. 88427719 MOMENTUM(Standard Characters, see http://uspto.report/TM/88427719/mark.png) has been amended as follows:

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

Applicant submits its substantive comments and/or arguments in the evidence section as "ROA1_88427719.pdf"

EVIDENCE
Evidence in the nature of Applicant's substantive comments and/or arguments as "ROA1_88427719.pdf" has been attached.
Original PDF file:
evi_18515617589-20190812162006421406_._ROA1_88427719.pdf
Converted PDF file(s) ( 3 pages)
Evidence-1
Evidence-2
Evidence-3

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 009 for Residential, business and personal wired and wireless security system comprising wired and wireless local area network video cameras, video monitors, closed circuit television (CCTV) monitors, surveillance cameras, motion sensitive security lights, infrared cameras, motion detector sensors, video capture devices, video capture and editing software, two-way radios, digital video recorders (DVRs) and computer hard drives for digital video recorders; wireless local area network video camera; video cameras for wireless local area networks
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: Residential, business and personal wired and wireless security system comprising wired and wireless local area network video cameras, video monitors, closed circuit television (CCTV) monitors, surveillance cameras, motion sensitive security lights, infrared cameras, motion detector sensors, video capture devices, video capture and editing software, two-way radios, digital video recorders (DVRs) and computer hard drives for digital video recorders; Wired and wireless security system for residential, business and personal use comprising wired local area network video cameras, wireless local area network video cameras, video monitors, closed circuit television (CCTV) monitors, surveillance cameras, motion sensitive security lights, infrared cameras, motion detector sensors, video capture cards, downloadable video capture and editing software, two-way radios, digital video recorders (DVR) and computer hard drives for digital video recorders; wireless local area network video camera; video cameras for wireless local area networksClass 009 for Wired and wireless security system for residential, business and personal use comprising wired local area network video cameras, wireless local area network video cameras, video monitors, closed circuit television (CCTV) monitors, surveillance cameras, motion sensitive security lights, infrared cameras, motion detector sensors, video capture cards, downloadable video capture and editing software, two-way radios, digital video recorders (DVR) and computer hard drives for digital video recorders; wireless local area network video camera; video cameras for wireless local area networks
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: G MATHEW LOMBARD. G MATHEW LOMBARD of LOMBARD & GELIEBTER LLP, is located at

      STE 4003
      12555 ORANGE DR
      FORT LAUDERDALE, Florida 33330
      US
The docket/reference number is 121.0607.

The phone number is 917-779-9967.

The fax number is 646-349-5567.

The email address is mlombard@LombardIP.com

The applicants proposed attorney information: G MATHEW LOMBARD. G MATHEW LOMBARD of LOMBARD & GELIEBTER LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      STE 4003
      12555 ORANGE DR
      FORT LAUDERDALE, Florida 33330
      United States
The docket/reference number is 121.0607.

The phone number is 917-779-9967.

The fax number is 646-349-5567.

The email address is mlombard@LombardIP.com

G MATHEW LOMBARD submitted the following statement: I attest that I am an 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).
The applicant's current correspondence information: G MATHEW LOMBARD. G MATHEW LOMBARD of LOMBARD & GELIEBTER LLP, is located at

      STE 4003
      12555 ORANGE DR
      FORT LAUDERDALE, Florida 33330
      US
The docket/reference number is 121.0607.

The phone number is 917-779-9967.

The fax number is 646-349-5567.

The email address is mlombard@LombardIP.com; mlombard@lombardip.com; ipdocket@lombardip.com; uspto@dockettrak.com

The applicants proposed correspondence information: G MATHEW LOMBARD. G MATHEW LOMBARD of LOMBARD & GELIEBTER LLP, is located at

      STE 4003
      12555 ORANGE DR
      FORT LAUDERDALE, Florida 33330
      United States
The docket/reference number is 121.0607.

The phone number is 917-779-9967.

The fax number is 646-349-5567.

The email address is mlombard@LombardIP.com; mlombard@lombardip.com; ipdocket@lombardip.com; uspto@dockettrak.com

SIGNATURE(S)
Response Signature
Signature: /g mathew lombard/     Date: 08/12/2019
Signatory's Name: G. Mathew Lombard
Signatory's Position: Attorney for Applicant, NYS Bar Member

Signatory's Phone Number: 917-779-9967

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:    G MATHEW LOMBARD
   LOMBARD & GELIEBTER LLP
   STE 4003
   12555 ORANGE DR
   FORT LAUDERDALE, Florida 33330
Mailing Address:    G MATHEW LOMBARD
   LOMBARD & GELIEBTER LLP
   STE 4003
   12555 ORANGE DR
   FORT LAUDERDALE, Florida 33330
        
Serial Number: 88427719
Internet Transmission Date: Mon Aug 12 16:27:49 EDT 2019
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.XX-201908121627495
33994-88427719-610db916a7d0e1c07bbe3b541
07e4c8f225d5fbf844e7fee624eb5512a231125-
N/A-N/A-20190812162006421406