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. 88489925 FRAMEVIEW(Standard Characters, see http://uspto.report/TM/88489925/mark.png) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following:
Current: Class 009 for Computer hardware; High performance computer hardware with specialized features for enhanced game playing ability, and enhanced graphical and video display; Integrated circuits; Graphics processing units (GPUs); Graphics cards; Graphics processing units (GPUs) in the nature of computer hardware for processing graphics, for enhancing computer game playing ability, and for enhancing graphical and video display; Integrated circuits for enhancing graphical and video display; Semiconductors and semiconductor chip sets for use in enhancing computer game playing ability, and for enhancing graphical and video display; Liquid crystal display (LCD) monitors; Computer monitors; Electronic display screens, namely, smartphone screens, tablet computer screens, laptop computer screens, computer monitor screens, and television screens; Flat panel display screens; Electronic display interfaces; Liquid crystal displays; Computer hardware and software for professional designers, engineers, and scientists for advanced graphics processing and visual computing; Downloadable computer graphics; Graphics firmware for enhancement of graphical and video display; Software; Software for measuring and analyzing computer power and performance; Software for measuring and analyzing the power and performance of graphics processing units (GPUs); Computer hardware and software for enhancing computer performance; Software for enhancing computer performance and for operation of integrated circuits, semiconductors, computer chipsets and micro-processors; Computer hardware and software for extending battery life and managing power consumption; Graphics software; Software for performing computer graphics operations and improving graphical and video display capabilities; Graphics software for enhancement of graphical and video display; Software for operating multi-media applications, producing multi-media content and enhancing audio clarity and video display; Software for image rendering, modeling, and image manipulation and processing; Software for processing images, graphics, audio, video, and text
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: Computer hardware; High performance computer hardware with specialized features for enhanced game playing ability, and enhanced graphical and video display; Integrated circuits; Graphics processing units (GPUs); Graphics cards; Graphics processing units (GPUs) in the nature of computer hardware for processing graphics, for enhancing computer game playing ability, and for enhancing graphical and video display; Integrated circuits for enhancing graphical and video display; Semiconductors and semiconductor chip sets for use in enhancing computer game playing ability, and for enhancing graphical and video display; Liquid crystal display (LCD) monitors; Computer monitors; Electronic display screens, namely, smartphone screens, tablet computer screens, laptop computer screens, computer monitor screens, and television screens; Flat panel display screens; Electronic display interfaces; Liquid crystal displays; Computer hardware and software for professional designers, engineers, and scientists for advanced graphics processing and visual computing; Computer hardware and downloadable software for professional designers, engineers, and scientists for advanced graphics processing and visual computing; Downloadable computer graphics; Graphics firmware for enhancement of graphical and video display; Downloadable graphics firmware for enhancement of graphical and video display; Software; Downloadable software for measuring and analyzing computer power and performance; Software for measuring and analyzing computer power and performance; Downloadable software for measuring and analyzing the power and performance of graphics processing units (GPUs); Software for measuring and analyzing the power and performance of graphics processing units (GPUs); Computer hardware and downloadable software for enhancing computer performance; Computer hardware and software for enhancing computer performance; Downloadable software for enhancing computer performance and for operation of integrated circuits, semiconductors, computer chipsets and micro-processors; Software for enhancing computer performance and for operation of integrated circuits, semiconductors, computer chipsets and micro-processors; Computer hardware and downloadable software for extending battery life and managing power consumption; Computer hardware and software for extending battery life and managing power consumption; downloadable graphics software; Graphics software; Downloadable software for performing computer graphics operations and improving graphical and video display capabilities; Software for performing computer graphics operations and improving graphical and video display capabilities; Downloadable graphics software for enhancement of graphical and video display; Graphics software for enhancement of graphical and video display; Downloadable software for operating multi-media applications, producing multi-media content and enhancing audio clarity and video display; Software for operating multi-media applications, producing multi-media content and enhancing audio clarity and video display; Downloadable software for image rendering, modeling, and image manipulation and processing; Software for image rendering, modeling, and image manipulation and processing; Downloadable software for processing images, graphics, audio, video, and text; Software for processing images, graphics, audio, video, and textClass 009 for Computer hardware; High performance computer hardware with specialized features for enhanced game playing ability, and enhanced graphical and video display; Integrated circuits; Graphics processing units (GPUs); Graphics cards; Graphics processing units (GPUs) in the nature of computer hardware for processing graphics, for enhancing computer game playing ability, and for enhancing graphical and video display; Integrated circuits for enhancing graphical and video display; Semiconductors and semiconductor chip sets for use in enhancing computer game playing ability, and for enhancing graphical and video display; Liquid crystal display (LCD) monitors; Computer monitors; Electronic display screens, namely, smartphone screens, tablet computer screens, laptop computer screens, computer monitor screens, and television screens; Flat panel display screens; Electronic display interfaces; Liquid crystal displays; Computer hardware and downloadable software for professional designers, engineers, and scientists for advanced graphics processing and visual computing; Downloadable computer graphics; Downloadable graphics firmware for enhancement of graphical and video display; Downloadable software for measuring and analyzing computer power and performance; Downloadable software for measuring and analyzing the power and performance of graphics processing units (GPUs); Computer hardware and downloadable software for enhancing computer performance; Downloadable software for enhancing computer performance and for operation of integrated circuits, semiconductors, computer chipsets and micro-processors; Computer hardware and downloadable software for extending battery life and managing power consumption; downloadable graphics software; Downloadable software for performing computer graphics operations and improving graphical and video display capabilities; Downloadable graphics software for enhancement of graphical and video display; Downloadable software for operating multi-media applications, producing multi-media content and enhancing audio clarity and video display; Downloadable software for image rendering, modeling, and image manipulation and processing; Downloadable software for processing images, graphics, audio, video, and text
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.

Applicant proposes to amend the following:
Current: Class 042 for Providing online non-downloadable software; Providing online non-downloadable software for measuring and analyzing computer power and performance; Providing online non-downloadable software for measuring and analyzing the power and performance of graphics processing units (GPUs); Providing online non-downloadable software for enhancing computer performance; Providing online non-downloadable software for enhancing computer performance, for operation of integrated circuits, semiconductors, computer chipsets and micro-processors; Providing online non-downloadable software for extending battery life and managing power consumption; Providing online non-downloadable software for performing computer graphics operations and improving graphical and video display capabilities; Providing online non-downloadable software for graphics; Providing online non-downloadable graphics software for enhancement of graphical and video display; Providing online non-downloadable software for operating multi-media applications, producing multi-media content and enhancing audio clarity and video display; Providing online non-downloadable software for image rendering, modeling, and image manipulation and processing; Providing online non-downloadable software for processing images, graphics, audio, video, and text; Platform as a service (PaaS) featuring software platforms for downloading, storing, viewing, playing and interacting with digital content; Providing online non-downloadable interactive entertainment software for streaming multimedia entertainment content; Design of computer hardware, software and computer peripherals for others; Design, development, customization, integration, support and maintenance of software; Software technical support services, technical information and technical support regarding software patches, upgrades and updates; Providing technological information in the nature of commentary and articles in the field of the enhancement of graphics and video display all online via a global computer networks; Technical support services, namely, troubleshooting of computer hardware and software problems in the nature of diagnosing integrated circuit, semiconductor, computer chipset and graphics processing units (GPUs) problems
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: Providing online non-downloadable software; Providing online non-downloadable software for measuring and analyzing computer power and performance; Providing online non-downloadable software for measuring and analyzing the power and performance of graphics processing units (GPUs); Providing online non-downloadable software for enhancing computer performance; Providing online non-downloadable software for enhancing computer performance, for operation of integrated circuits, semiconductors, computer chipsets and micro-processors; Providing online non-downloadable software for extending battery life and managing power consumption; Providing online non-downloadable software for performing computer graphics operations and improving graphical and video display capabilities; Providing online non-downloadable software for graphics; Providing online non-downloadable graphics software for enhancement of graphical and video display; Providing online non-downloadable software for operating multi-media applications, producing multi-media content and enhancing audio clarity and video display; Providing online non-downloadable software for image rendering, modeling, and image manipulation and processing; Providing online non-downloadable software for processing images, graphics, audio, video, and text; Platform as a service (PaaS) featuring software platforms for downloading, storing, viewing, playing and interacting with digital content; Providing online non-downloadable interactive entertainment software for streaming multimedia entertainment content; Design of computer hardware, software and computer peripherals for others; Software design and development; Design, development, customization, integration, support and maintenance of software; customizing computer software; Software technical support services, technical information and technical support regarding software patches, upgrades and updates; computer services, namely, integration of computer software into systems and networks; computer software technical support services, technical information and technical support regarding software patches, upgrades and updates; Providing technological information in the nature of commentary and articles in the field of the enhancement of graphics and video display all online via a global computer networks; Technical support services, namely, troubleshooting of computer hardware and software problems in the nature of diagnosing integrated circuit, semiconductor, computer chipset and graphics processing units (GPUs) problemsClass 042 for Providing online non-downloadable software for measuring and analyzing computer power and performance; Providing online non-downloadable software for measuring and analyzing the power and performance of graphics processing units (GPUs); Providing online non-downloadable software for enhancing computer performance; Providing online non-downloadable software for enhancing computer performance, for operation of integrated circuits, semiconductors, computer chipsets and micro-processors; Providing online non-downloadable software for extending battery life and managing power consumption; Providing online non-downloadable software for performing computer graphics operations and improving graphical and video display capabilities; Providing online non-downloadable software for graphics; Providing online non-downloadable graphics software for enhancement of graphical and video display; Providing online non-downloadable software for operating multi-media applications, producing multi-media content and enhancing audio clarity and video display; Providing online non-downloadable software for image rendering, modeling, and image manipulation and processing; Providing online non-downloadable software for processing images, graphics, audio, video, and text; Platform as a service (PaaS) featuring software platforms for downloading, storing, viewing, playing and interacting with digital content; Providing online non-downloadable interactive entertainment software for streaming multimedia entertainment content; Design of computer hardware, software and computer peripherals for others; Software design and development; customizing computer software; computer services, namely, integration of computer software into systems and networks; computer software technical support services, technical information and technical support regarding software patches, upgrades and updates; Providing technological information in the nature of commentary and articles in the field of the enhancement of graphics and video display all online via a global computer networks; Technical support services, namely, troubleshooting of computer hardware and software problems in the nature of diagnosing integrated circuit, semiconductor, computer chipset and graphics processing units (GPUs) problems
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.

OWNER AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: NVIDIA Corporation, a corporation of Delaware, having an address of
      2788 San Tomas Expressway
      Santa Clara, California 95051
      United States

Proposed: NVIDIA Corporation, a corporation of Delaware, having an address of
      2788 San Tomas Expressway
      Santa Clara, California 95051
      United States
      Email Address: tmcorrespondence@fenwick.com

The owner's/holder's current attorney information: Sally M. Abel, Esq.. Sally M. Abel, Esq. of FENWICK & WEST LLP, is located at

      801 CALIFORNIA STREET
      MOUNTAIN VIEW, California 94041
      United States
The docket/reference number is 25999-70130.
      The phone number is 650-988-8500.
      The fax number is 650-938-5200.
      The email address is trademarks@fenwick.com

The owner's/holder's proposed attorney information: Sally M. Abel, Esq.. Other appointed attorneys are all other attorneys of Fenwick & West LLP. Sally M. Abel, Esq. of Fenwick & West LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      801 California Street
      Mountain View, California 94041
      United States
The docket/reference number is 25999-70130.
      The phone number is 650-988-8500.
      The fax number is 650-938-5200.
      The email address is trademarks@fenwick.com

Sally M. Abel, Esq. 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.Correspondence Information (current):
      SALLY M. ABEL, ESQ.
      PRIMARY EMAIL FOR CORRESPONDENCE: trademarks@fenwick.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

The docket/reference number is 25999-70130.
Correspondence Information (proposed):
      Sally M. Abel, Esq.
      PRIMARY EMAIL FOR CORRESPONDENCE: trademarks@fenwick.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): kfalco@fenwick.com

The docket/reference number is 25999-70130.

Requirement for Email and Electronic Filing: I understand that a valid email address must be maintained by the owner/holder and the owner's/holder's attorney, if appointed, and that all official trademark correspondence must be submitted via the Trademark Electronic Application System (TEAS).

SIGNATURE(S)
Response Signature
Signature: /alongobucco/     Date: 03/12/2020
Signatory's Name: Anne Marie Longobucco, Esq.
Signatory's Position: Associate Attorney, Fenwick & West LLP, New York Bar member

Signatory's Phone Number: 212-921-2001

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:    SALLY M. ABEL, ESQ.
   FENWICK & WEST LLP
   
   801 CALIFORNIA STREET
   MOUNTAIN VIEW, California 94041
Mailing Address:    Sally M. Abel, Esq.
   Fenwick & West LLP
   801 California Street
   Mountain View, California 94041
        
Serial Number: 88489925
Internet Transmission Date: Thu Mar 12 16:00:34 ET 2020
TEAS Stamp: USPTO/ROA-X.XX.XXX.XXX-20200312160034547
407-88489925-71036a621dd8ae9463f43f5f3ab
34749fcdd69cf2c3b1b86969e4dc0b0cb371caa-
N/A-N/A-20200312142636057254