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. 88499114 CXHUB(Standard Characters, see http://uspto.report/TM/88499114/mark.png) has been amended as follows:

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

         The identification of the goods has been amended in accordance with the suggestion of the examining attorney who has also requested additional information about the applicant’s goods because the nature of the goods is not clear to the examining attorney. The Applicant is not able to provide “fact sheets, instruction manuals, advertisements, promotional goods, and/or a photograph of the identified goods” because the products have not yet been produced. Therefore, the Applicant can only provide the following information regarding the mark. CXHUB combines hardware and software to connect BYO devices (phones, tablets, PCs, wearables) and provides them with hardware acceleration for an improved experience when sharing content from those devices to displays (monitors, projectors, etc.) for local presentation and collaboration or in conjunction with other collaboration software (incl. audio and video) or recording software/devices. The Applicant believes that this additional information should permit proper examination of the application.

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 009 for A device with computing power for processing and supporting AV, IT and IP systems
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: A device with computing power for processing and supporting AV, IT and IP systems; A device with computing power, namely for the processing of soft codec video conference calls, providing wireless connectivity, and providing remote monitoring software for supporting AV, IT and IP systems.Class 009 for A device with computing power, namely for the processing of soft codec video conference calls, providing wireless connectivity, and providing remote monitoring software for supporting AV, IT and IP systems.
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: Edward G. Greive. Edward G. Greive of RENNER KENNER GREIVE BOBAK TAYLOR & WEBER, is located at

      FIRST NATIONAL TOWER, SUITE 400
      106 SOUTH MAIN STREET
      AKRON, Ohio 44308
      US
The docket/reference number is WES.T0111.

The phone number is 330-376-1242.

The fax number is 3303769646.

The email address is eggreive@rennerkenner.com

The applicants proposed attorney information: Edward G. Greive. Other appointed attorneys are Ray L. Weber (Reg. No. 26,519), Rodney L. Skoglund (36,010), Andrew B. Morton (Reg. No. 37,400), Mark L. Weber (Reg. No. 46,069), Laura J. Gentilcore (Reg. No. 54,116), Tama L. Drenski (Reg. No. 50,323), Timothy A. Hodgkiss (Reg. No. 54,173); Robert J. Diaz (Reg. No. 54,655); Alexander J. Johnson (Reg. No. 73,767); and Zachary J. Boehnlein (71,336). Edward G. Greive of RENNER KENNER GREIVE BOBAK TAYLOR & WEBER, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      Suite 400
      106 S. Main Street
      AKRON, Ohio 44308
      United States
The docket/reference number is WES.T0111.

The phone number is 330-376-1242.

The fax number is 3303769646.

The email address is eggreive@rennerkenner.com

Edward G. Greive 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: EDWARD G. GREIVE. EDWARD G. GREIVE of RENNER KENNER GREIVE BOBAK TAYLOR & WEBER, is located at

      FIRST NATIONAL TOWER, SUITE 400
      106 SOUTH MAIN STREET
      AKRON, Ohio 44308
      US
The docket/reference number is WES.T0111.

The phone number is 330-376-1242.

The fax number is 3303769646.

The email address is eggreive@rennerkenner.com; ajjohnson@rennerkenner.com

The applicants proposed correspondence information: Edward G. Greive. Edward G. Greive of RENNER KENNER GREIVE BOBAK TAYLOR & WEBER, is located at

      Suite 400
      106 S. Main Street
      AKRON, Ohio 44308
      United States
The docket/reference number is WES.T0111.

The phone number is 330-376-1242.

The fax number is 3303769646.

The email address is eggreive@rennerkenner.com; ajjohnson@rennerkenner.com

SIGNATURE(S)
Response Signature
Signature: /Edward G. Greive/     Date: 01/21/2020
Signatory's Name: Edward G. Greive
Signatory's Position: Attorney of Record, Ohio Bar Member

Signatory's Phone Number: 330-376-1242

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:    EDWARD G. GREIVE
   RENNER KENNER GREIVE BOBAK TAYLOR & WEBER
   FIRST NATIONAL TOWER, SUITE 400
   106 SOUTH MAIN STREET
   AKRON, Ohio 44308
Mailing Address:    Edward G. Greive
   RENNER KENNER GREIVE BOBAK TAYLOR & WEBER
   Suite 400
   106 S. Main Street
   AKRON, Ohio 44308
        
Serial Number: 88499114
Internet Transmission Date: Tue Jan 21 15:19:29 EST 2020
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XXX-202001211519292
10123-88499114-7001f7c2c30872cdd79c537af
b98d1b3965a6113b9b079c7b7fbe2a64eab7f812
a-N/A-N/A-20200121151230407057