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. 88500236 CLEAR EDGE(Standard Characters, see http://uspto.report/TM/88500236/mark.png) has been amended as follows:

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

Please see argument text attached as a .pdf file in the Evidence section.

EVIDENCE
Evidence in the nature of substantive arguments, TESS printouts of third-party registrations, and dictionary definitions. has been attached.
Original PDF file:
evi_2042272555-20200324192910691602_._Office_Action_Response_-_CLEAR_EDGE_4824-5519-6600_v.1.pdf
Converted PDF file(s) ( 9 pages)
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Original PDF file:
evi_2042272555-20200324192910691602_._TESS_printouts_of_third-party_CLEAR_marks_4841-2230-6232_v.1.pdf
Converted PDF file(s) ( 29 pages)
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Original PDF file:
evi_2042272555-20200324192910691602_._cal_third-party_marks_in_Classes_9_and_42_4838-7130-3352_v.1.pdf
Converted PDF file(s) ( 25 pages)
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Original PDF file:
evi_2042272555-20200324192910691602_._ons_for_CLEAR_EDGE_office_action_response_4841-6274-2200_v.1.pdf
Converted PDF file(s) ( 5 pages)
Evidence-1
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CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following:
Current: Class 009 for Software development kits (SDKs) and software programs for embedding speech enhancement functionality in mobile and desktop computer applications, and in smart audio or video recording devices such as smartphones, smart glasses, and smart cameras
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 04/23/2019 and first used in commerce at least as early as 04/23/2019 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Software development kits (SDKs) and software programs for embedding speech enhancement functionality in mobile and desktop computer applications, and in smart audio or video recording devices such as smartphones, smart glasses, and smart cameras; Downloadable and recorded software programs for embedding speech enhancement functionality in mobile and desktop computer applications, and in smart audio or video recording devices, namely, smartphones, smart glasses, and smart cameras.Class 009 for Downloadable and recorded software programs for embedding speech enhancement functionality in mobile and desktop computer applications, and in smart audio or video recording devices, namely, smartphones, smart glasses, and smart cameras.
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 04/23/2019 and first used in commerce at least as early as 04/23/2019 , and is now in use in such commerce.
OWNER AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: BabbleLabs, Inc., a corporation of Delaware, having an address of
      1901 South Bascom Ave., Suite 1700
      Campbell, California 95008
      United States

Proposed: BabbleLabs, Inc., a corporation of Delaware, having an address of
      1901 South Bascom Ave., Suite 1700
      Campbell, California 95008
      United States
      Email Address: panu@babblelabs.com

The owner's/holder's current attorney information: Patricia L. Cotton. Patricia L. Cotton of PILLSBURY WINTHROP SHAW PITTMAN LLP, is located at

      PO BOX 10500
      MCLEAN, Virginia 22102-8500
      United States
The docket/reference number is 047246-.
      The phone number is 650-233-4758.
      The fax number is 703-770-7901.
      The email address is docket_ip@pillsburylaw.com

The owner's/holder's proposed attorney information: Patricia L. Cotton. Other appointed attorneys are Pillsbury Winthrop Shaw Pittman LLP. Patricia L. Cotton of PILLSBURY WINTHROP SHAW PITTMAN 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

      PO BOX 10500
      MCLEAN, Virginia 22102-8500
      United States
The docket/reference number is 047246-.
      The phone number is 650-233-4758.
      The fax number is 703-770-7901.
      The email address is docket_ip@pillsburylaw.com

Patricia L. Cotton 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):
      PATRICIA L. COTTON
      PRIMARY EMAIL FOR CORRESPONDENCE: docket_ip@pillsburylaw.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): patricia.cotton@pillsburylaw.com; lisa.wohlgemuth@pillsburylaw.com

The docket/reference number is 047246-.
Correspondence Information (proposed):
      Patricia L. Cotton
      PRIMARY EMAIL FOR CORRESPONDENCE: docket_ip@pillsburylaw.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): patricia.cotton@pillsburylaw.com; lisa.wohlgemuth@pillsburylaw.com

The docket/reference number is 047246-.

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).

ADDITIONAL STATEMENTS
Disclaimer
No claim is made to the exclusive right to use EDGE apart from the mark as shown.


SIGNATURE(S)
Response Signature
Signature: /Patricia L. Cotton/     Date: 03/24/2020
Signatory's Name: Patricia L. Cotton
Signatory's Position: Attorney of Record, CA bar member

Signatory's Phone Number: 650-233-4758

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:    PATRICIA L. COTTON
   PILLSBURY WINTHROP SHAW PITTMAN LLP
   
   PO BOX 10500
   MCLEAN, Virginia 22102-8500
Mailing Address:    Patricia L. Cotton
   PILLSBURY WINTHROP SHAW PITTMAN LLP
   PO BOX 10500
   MCLEAN, Virginia 22102-8500
        
Serial Number: 88500236
Internet Transmission Date: Tue Mar 24 19:42:56 ET 2020
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.X-2020032419425633
5187-88500236-7103b7c6c7be25ee9b9e41b3ea
3d53f9e1bc8d83812917a3a6cb97411427566396
c-N/A-N/A-20200324192910691602