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 |
88428058 |
| LAW OFFICE ASSIGNED |
LAW OFFICE 104 |
| MARK SECTION |
| MARK |
http://uspto.report/TM/88428058/mark.png |
| LITERAL ELEMENT |
DRAGONFLY |
| 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) |
|
Applicant has amended the ID as shown herein and respectfully submits that confusion as regards U.S. Registration Nos. 2647229 and 5428673 is not likely. Lightweight,
general-purpose laptops and notebooks are optimized for mobile workers using business applications. They emphasize small size, low weight, and battery life over processing speed or I/O ports,
and general productivity over specific functions. They are generally unsuitable for processor-intensive or specialized applications, such as 3-D imaging, video surveillance, and connectivity
hardware development. Marketing for these types of goods is also very different – see Exhibits A – C.
|
| EVIDENCE SECTION |
| EVIDENCE FILE NAME(S) |
| ORIGINAL PDF FILE |
evi_3810435170-20191209132358846648_._Exhibits_A-C.pdf |
CONVERTED PDF FILE(S)
(32 pages) |
\\TICRS\EXPORT17\IMAGEOUT17\884\280\88428058\xml5\ROA0002.JPG |
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\\TICRS\EXPORT17\IMAGEOUT17\884\280\88428058\xml5\ROA0003.JPG |
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\\TICRS\EXPORT17\IMAGEOUT17\884\280\88428058\xml5\ROA0004.JPG |
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\\TICRS\EXPORT17\IMAGEOUT17\884\280\88428058\xml5\ROA0005.JPG |
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\\TICRS\EXPORT17\IMAGEOUT17\884\280\88428058\xml5\ROA0006.JPG |
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\\TICRS\EXPORT17\IMAGEOUT17\884\280\88428058\xml5\ROA0007.JPG |
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\\TICRS\EXPORT17\IMAGEOUT17\884\280\88428058\xml5\ROA0008.JPG |
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\\TICRS\EXPORT17\IMAGEOUT17\884\280\88428058\xml5\ROA0009.JPG |
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\\TICRS\EXPORT17\IMAGEOUT17\884\280\88428058\xml5\ROA0010.JPG |
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\\TICRS\EXPORT17\IMAGEOUT17\884\280\88428058\xml5\ROA0011.JPG |
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\\TICRS\EXPORT17\IMAGEOUT17\884\280\88428058\xml5\ROA0012.JPG |
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\\TICRS\EXPORT17\IMAGEOUT17\884\280\88428058\xml5\ROA0013.JPG |
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\\TICRS\EXPORT17\IMAGEOUT17\884\280\88428058\xml5\ROA0014.JPG |
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\\TICRS\EXPORT17\IMAGEOUT17\884\280\88428058\xml5\ROA0015.JPG |
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\\TICRS\EXPORT17\IMAGEOUT17\884\280\88428058\xml5\ROA0016.JPG |
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\\TICRS\EXPORT17\IMAGEOUT17\884\280\88428058\xml5\ROA0017.JPG |
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\\TICRS\EXPORT17\IMAGEOUT17\884\280\88428058\xml5\ROA0018.JPG |
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\\TICRS\EXPORT17\IMAGEOUT17\884\280\88428058\xml5\ROA0019.JPG |
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\\TICRS\EXPORT17\IMAGEOUT17\884\280\88428058\xml5\ROA0020.JPG |
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\\TICRS\EXPORT17\IMAGEOUT17\884\280\88428058\xml5\ROA0021.JPG |
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\\TICRS\EXPORT17\IMAGEOUT17\884\280\88428058\xml5\ROA0022.JPG |
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\\TICRS\EXPORT17\IMAGEOUT17\884\280\88428058\xml5\ROA0023.JPG |
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\\TICRS\EXPORT17\IMAGEOUT17\884\280\88428058\xml5\ROA0024.JPG |
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\\TICRS\EXPORT17\IMAGEOUT17\884\280\88428058\xml5\ROA0025.JPG |
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\\TICRS\EXPORT17\IMAGEOUT17\884\280\88428058\xml5\ROA0026.JPG |
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\\TICRS\EXPORT17\IMAGEOUT17\884\280\88428058\xml5\ROA0027.JPG |
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\\TICRS\EXPORT17\IMAGEOUT17\884\280\88428058\xml5\ROA0028.JPG |
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\\TICRS\EXPORT17\IMAGEOUT17\884\280\88428058\xml5\ROA0029.JPG |
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\\TICRS\EXPORT17\IMAGEOUT17\884\280\88428058\xml5\ROA0030.JPG |
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\\TICRS\EXPORT17\IMAGEOUT17\884\280\88428058\xml5\ROA0031.JPG |
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\\TICRS\EXPORT17\IMAGEOUT17\884\280\88428058\xml5\ROA0032.JPG |
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\\TICRS\EXPORT17\IMAGEOUT17\884\280\88428058\xml5\ROA0033.JPG |
| DESCRIPTION OF EVIDENCE FILE |
Exhibits A - C |
| GOODS AND/OR SERVICES SECTION (current) |
| INTERNATIONAL CLASS |
009 |
| DESCRIPTION |
| Computers; personal computers; laptop computers; notebook computers; desktop computers; computer hardware; computer peripherals;
computer monitors; computer display screens; computer keyboards; computer mice; computer bags and backpacks |
| FILING BASIS |
Section 1(b) |
| GOODS AND/OR SERVICES SECTION (proposed) |
| INTERNATIONAL CLASS |
009 |
| TRACKED TEXT DESCRIPTION |
Computers; General-purpose lightweight business laptop
computers; personal computers; general-purpose lightweight business notebook computers; laptop computers; computer peripherals; notebook computers; computer monitors; desktop computers; computer keyboards; computer hardware; computer mice;
computer bags and backpacks especially adapted for holding laptops and notebook computers; computer display screens;
computer bags and backpacks |
| FINAL DESCRIPTION |
| General-purpose lightweight business laptop computers; general-purpose lightweight business notebook computers; computer peripherals;
computer monitors; computer keyboards; computer mice; computer bags and backpacks especially adapted for holding laptops and notebook computers |
| FILING BASIS |
Section 1(b) |
| SIGNATURE SECTION |
| RESPONSE SIGNATURE |
/James F. Struthers/ |
| SIGNATORY'S NAME |
James F. Struthers |
| SIGNATORY'S POSITION |
Attorney of Record, TX Bar Member |
| SIGNATORY'S PHONE NUMBER |
214 206-4300 |
| DATE SIGNED |
12/09/2019 |
| AUTHORIZED SIGNATORY |
YES |
| FILING INFORMATION SECTION |
| SUBMIT DATE |
Mon Dec 09 13:34:05 EST 2019 |
| TEAS STAMP |
USPTO/ROA-XX.XXX.XX.XXX-2
0191209133405350895-88428
058-70012b13456fc823b6abd
6d1583d7f0474e4352a9829cb
1693528988c8d533052c5-N/A
-N/A-20191209132358846648 |
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.
88428058 DRAGONFLY(Standard Characters, see http://uspto.report/TM/88428058/mark.png) has been amended as follows:
ARGUMENT(S)
In response to the substantive refusal(s), please note the following:
Applicant has amended the ID as shown herein and respectfully submits that confusion as regards U.S. Registration Nos. 2647229 and 5428673 is not likely. Lightweight,
general-purpose laptops and notebooks are optimized for mobile workers using business applications. They emphasize small size, low weight, and battery life over processing speed or I/O ports,
and general productivity over specific functions. They are generally unsuitable for processor-intensive or specialized applications, such as 3-D imaging, video surveillance, and connectivity
hardware development. Marketing for these types of goods is also very different – see Exhibits A – C.
EVIDENCE
Evidence in the nature of Exhibits A - C has been attached.
Original PDF file:
evi_3810435170-20191209132358846648_._Exhibits_A-C.pdf
Converted PDF file(s) ( 32 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
Evidence-26
Evidence-27
Evidence-28
Evidence-29
Evidence-30
Evidence-31
Evidence-32
CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 009 for Computers; personal computers; laptop computers; notebook computers; desktop computers; computer hardware; computer peripherals; computer monitors; computer display
screens; computer keyboards; computer mice; computer bags and backpacks
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: Computers;
General-purpose lightweight business laptop computers;
personal computers;
general-purpose lightweight business notebook computers;
laptop computers;
computer peripherals;
notebook computers;
computer monitors;
desktop computers;
computer keyboards;
computer hardware;
computer mice;
computer bags and
backpacks especially adapted for holding laptops and notebook computers;
computer display screens;
computer bags and
backpacksClass 009 for General-purpose lightweight business laptop computers; general-purpose lightweight business notebook computers; computer peripherals; computer monitors; computer
keyboards; computer mice; computer bags and backpacks especially adapted for holding laptops and notebook computers
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.
SIGNATURE(S)
Response Signature
Signature: /James F. Struthers/ Date: 12/09/2019
Signatory's Name: James F. Struthers
Signatory's Position: Attorney of Record, TX Bar Member
Signatory's Phone Number: 214 206-4300
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.
Serial Number: 88428058
Internet Transmission Date: Mon Dec 09 13:34:05 EST 2019
TEAS Stamp: USPTO/ROA-XX.XXX.XX.XXX-2019120913340535
0895-88428058-70012b13456fc823b6abd6d158
3d7f0474e4352a9829cb1693528988c8d533052c
5-N/A-N/A-20191209132358846648
