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. 88503575 OPTICAL QUANTUM (Stylized and/or with Design, see http://uspto.report/TM/88503575/mark.png) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 009 for Optical disc drives, optical magnetic disc drives, magnetic disc drives, solid state drives, computer software for burning optical media and copying flash content onto flash storage media, and computer hard drives; Computer program for writing data in optical discs, namely, recordable cds, dvds, and blank optical and magneto-optical discs, primarily for testing and analyzing media quality, as well as in flash media, such as USB, SD, CF, and hard drives including HDD and SSD; Digital storage media duplicator controllers, in the nature of computer hardware and computer peripheral devices for duplication towers, which require user intervention, or automated loaders, which do not require user intervention, namely, digital media burners, namely, CD, DVD, BD burners, and devices for the duplication of all types of digital storage media, namely, blank optical discs, blank hard drives, flash drives, and flash memory cards
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: Optical disc drives, optical magnetic disc drives, magnetic disc drives, solid state drives, computer software for burning optical media and copying flash content onto flash storage media, and computer hard drives; Optical disc drives; Computer program for writing data in optical discs, namely, recordable cds, dvds, and blank optical and magneto-optical discs, primarily for testing and analyzing media quality, as well as in flash media, such as USB, SD, CF, and hard drives including HDD and SSD; optical magnetic disc drives; Digital storage media duplicator controllers, in the nature of computer hardware and computer peripheral devices for duplication towers, which require user intervention, or automated loaders, which do not require user intervention, namely, digital media burners, namely, CD, DVD, BD burners, and devices for the duplication of all types of digital storage media, namely, blank optical discs, blank hard drives, flash drives, and flash memory cards; magnetic disc drives; solid state drives; recorded computer software for burning optical media and copying flash content onto flash storage media, and computer hard drives; recorded computer program for writing data in optical discs, namely, recordable cds, dvds, and blank optical and magneto-optical discs, primarily for testing and analyzing media quality, as well as in flash media, such as USB, SD, CF, and hard drives including HDD and SSD; Digital storage media duplicator controllers, in the nature of computer hardware and computer peripheral devices for duplication towers, some of which require user intervention, or automated loaders, some of which do not require user intervention, namely, digital media burners, namely, CD, DVD, BD burners, and devices for the duplication of all types of digital storage media, namely, blank optical discs, blank hard drives, flash drives, and flash memory cardsClass 009 for Optical disc drives; optical magnetic disc drives; magnetic disc drives; solid state drives; recorded computer software for burning optical media and copying flash content onto flash storage media, and computer hard drives; recorded computer program for writing data in optical discs, namely, recordable cds, dvds, and blank optical and magneto-optical discs, primarily for testing and analyzing media quality, as well as in flash media, such as USB, SD, CF, and hard drives including HDD and SSD; Digital storage media duplicator controllers, in the nature of computer hardware and computer peripheral devices for duplication towers, some of which require user intervention, or automated loaders, some of which do not require user intervention, namely, digital media burners, namely, CD, DVD, BD burners, and devices for the duplication of all types of digital storage media, namely, blank optical discs, blank hard drives, flash drives, and flash memory cards
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: Jen-Feng Lee. Jen-Feng Lee of LAW OFFICES OF J.F. LEE, is located at

      17800 CASTLETON STREET, SUITE 560
      CITY OF INDUSTRY, California 91748
      US
The docket/reference number is 62643.41.

The phone number is 626-810-7200.

The fax number is 626-810-7300.

The email address is jflee@ipfirm.us

The applicants proposed attorney information: Jen-Feng Lee. Jen-Feng Lee of LAW OFFICES OF J.F. LEE, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      17800 CASTLETON STREET, SUITE 560
      CITY OF INDUSTRY, California 91748
      United States
The docket/reference number is 62643.41.

The phone number is 626-810-7200.

The fax number is 626-810-7300.

The email address is jflee@ipfirm.us

Jen-Feng Lee 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: JEN-FENG LEE. JEN-FENG LEE of LAW OFFICES OF J.F. LEE, is located at

      17800 CASTLETON STREET, SUITE 560
      CITY OF INDUSTRY, California 91748
      US
The docket/reference number is 62643.41.

The phone number is 626-810-7200.

The fax number is 626-810-7300.

The email address is jflee@ipfirm.us; dhsu@ipfirm.us

The applicants proposed correspondence information: Jen-Feng Lee. Jen-Feng Lee of LAW OFFICES OF J.F. LEE, is located at

      17800 CASTLETON STREET, SUITE 560
      CITY OF INDUSTRY, California 91748
      United States
The docket/reference number is 62643.41.

The phone number is 626-810-7200.

The fax number is 626-810-7300.

The email address is jflee@ipfirm.us; dhsu@ipfirm.us

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


Color Claim
The color(s) white, blue, and gray is/are claimed as a feature of the mark.

Description of mark
The mark consists of blue stylized wording "OPTICAL QUANTUM" where the "O" is an image of a blue disc with four white triangles depicting reflective surface. A blue curved line stretches from the letter "P" to "M". A gray cast shadow appears beneath all features of the mark.

Significance of wording, letter(s), or numeral(s)
OPTICAL QUANTUM appearing in the mark has no significance nor is it a term of art in the relevant trade or industry or as used in connection with the goods/services/collective membership organization listed in the application, or any geographical significance.


SIGNATURE(S)
Response Signature
Signature: /jflee/     Date: 10/18/2019
Signatory's Name: Jen-Feng Lee
Signatory's Position: Attorney of Record, CA bar member

Signatory's Phone Number: 626-810-7200

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:    JEN-FENG LEE
   LAW OFFICES OF J.F. LEE
   
   17800 CASTLETON STREET, SUITE 560
   CITY OF INDUSTRY, California 91748
Mailing Address:    Jen-Feng Lee
   LAW OFFICES OF J.F. LEE
   17800 CASTLETON STREET, SUITE 560
   CITY OF INDUSTRY, California 91748
        
Serial Number: 88503575
Internet Transmission Date: Fri Oct 18 17:59:25 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XX.XXX.XXX-2019101817592562
9890-88503575-6109fa785cc978956e88650cda
77b95f63eb1e338a1535047ccdc167244e-N/A-N
/A-20191018175726237993