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. 88508280 SOLO (Stylized and/or with Design, see http://uspto.report/TM/88508280/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 Speech recognition apparatus; Voice processing systems; Voice response equipment; Voice command devices; Speech processors; Speech recognition software; Digital voice signal processors; Application software for mobile phones; Downloadable application software for smart phones; Application software for mobile devices; Application software for cloud computing services; Computer software for use as an application programming interface (API); Computer application software for streaming audio-visual media content via the internet; Software for processing images, graphics, audio, video and text; Application software; Application processors; Downloadable software applications; Mobile apps; Web application software; Computer software applications, downloadable; Software and applications for mobile devices; Web application and server software; Downloadable mobile applications for the transmission of information; Smart speakers; Loudspeakers; Loudspeaker units; Loudspeaker cables; Speaker docks; Mobile phone speakers; Loudspeaker drive units; Auxiliary speakers for mobile phones; Signal processors for audio speakers; Speakers for portable media players; Desk or car mounted units incorporating a loudspeaker to allow a telephone handset to be used hands-free; Audio/visual and photographic devices; Audio transmitter units; Audio processing apparatus; Digital audio interface apparatus; Audio apparatus; Audio electronic apparatus; Sound recording apparatus; Parts and fittings for audio apparatus
Original Filing Basis:
Filing Basis: Section 44(d), Priority based on foreign filing: 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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority based upon a foreign application. For a certification 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, 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 or services that meet the certification standards of the applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on[ European Union Trademark - EUTM application number 018084454 filed 06/20/2019]. 15 U.S.C.Section 1126(d), as amended.

Proposed:
Tracked Text Description: Speech recognition apparatus; Speech recognition apparatus, namely, apparatus for speech recording and replaying; Voice processing systems; Voice processing systems comprised of digital voice recorders; Voice response equipment; Voice response equipment in the nature of voice over internet protocol (VOIP) phone adapter; Voice command devices; Voice command devices, namely, voice-activated audio speakers; Speech processors; Speech processors, namely, signal processors for audio speakers; Speech recognition software; downloadable speech recognition software; Digital voice signal processors; Application software for mobile phones; downloadable software for smart phones and mobile devices, namely, downloadable mobile applications for recording, replaying, and sending audio files; Downloadable application software for smart phones; downloadable cloud computing software application for database management; Application software for mobile devices; downloadable application programming interface (API) software for integration of audio content into websites; Application software for cloud computing services; downloadable computer application software for streaming audio-visual media content via the internet; Computer software for use as an application programming interface (API); downloadable software for processing images, graphics, audio, video and text; Computer application software for streaming audio-visual media content via the internet; application processors in the nature of signal processors; Software for processing images, graphics, audio, video and text; downloadable web server application software for controlling and managing access server applications; Application software; Downloadable mobile applications for the transmission of information; Application processors; smart speakers, namely, speech recognition audio speakers; Downloadable software applications; Loudspeakers; Mobile apps; Loudspeaker units; Web application software; Loudspeaker cables; Computer software applications, downloadable; Speaker docks; Software and applications for mobile devices; Mobile phone speakers; Web application and server software; Loudspeaker drive units; Auxiliary speakers for mobile phones; Smart speakers; Signal processors for audio speakers; Speakers for portable media players; Desk or car mounted units incorporating a loudspeaker to allow a telephone handset to be used hands-free; audio and visual devices in the nature of portable media players; photographic devices in the nature of digital cameras; Audio transmitter units; audio processing apparatus, namely, digital analogue audio converters; Digital audio interface apparatus; audio apparatus, namely, audio mixers; audio electronic components, namely, surround sound systems; Sound recording apparatus; Audio/visual and photographic devices; parts, namely, batteries for portable audio speakers; Audio processing apparatus; Audio apparatus; Audio electronic apparatus; Parts and fittings for audio apparatusClass 009 for Speech recognition apparatus, namely, apparatus for speech recording and replaying; Voice processing systems comprised of digital voice recorders; Voice response equipment in the nature of voice over internet protocol (VOIP) phone adapter; Voice command devices, namely, voice-activated audio speakers; Speech processors, namely, signal processors for audio speakers; downloadable speech recognition software; Digital voice signal processors; downloadable software for smart phones and mobile devices, namely, downloadable mobile applications for recording, replaying, and sending audio files; downloadable cloud computing software application for database management; downloadable application programming interface (API) software for integration of audio content into websites; downloadable computer application software for streaming audio-visual media content via the internet; downloadable software for processing images, graphics, audio, video and text; application processors in the nature of signal processors; downloadable web server application software for controlling and managing access server applications; Downloadable mobile applications for the transmission of information; smart speakers, namely, speech recognition audio speakers; Loudspeakers; Loudspeaker units; Loudspeaker cables; Speaker docks; Mobile phone speakers; Loudspeaker drive units; Auxiliary speakers for mobile phones; Signal processors for audio speakers; Speakers for portable media players; Desk or car mounted units incorporating a loudspeaker to allow a telephone handset to be used hands-free; audio and visual devices in the nature of portable media players; photographic devices in the nature of digital cameras; Audio transmitter units; audio processing apparatus, namely, digital analogue audio converters; Digital audio interface apparatus; audio apparatus, namely, audio mixers; audio electronic components, namely, surround sound systems; Sound recording apparatus; parts, namely, batteries for portable audio speakers
Filing Basis: Section 44(d), Priority based on foreign filing: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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority based upon a foreign application. 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, 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 or services that meet the certification standards of the applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on [ European Union Trademark - EUTM application number 018084454 filed 06/20/2019]. 15 U.S.C.Section 1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 042 for Application service provider services; Programming of multimedia applications; Design and development of software in the field of mobile applications; Providing temporary use of web-based applications; Technical support services relating to computer software and applications; Software development, programming and implementation; Software design and development; Development of operating system software; Research, development, design and upgrading of computer software; Smartphone software design; Development of computer software application solutions; Electronic storage of digital audio files; Electronic storage of audio files; Platform as a service (PaaS) featuring software platforms for transmission of images, audio-visual content, video content and messages; Programming of computer software for reading, transmitting and organising data
Original Filing Basis:
Filing Basis: Section 44(d), Priority based on foreign filing: 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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority based upon a foreign application. For a certification 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, 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 or services that meet the certification standards of the applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on[ European Union Trademark - EUTM application number 018084454 filed 06/20/2019]. 15 U.S.C.Section 1126(d), as amended.

Proposed:
Tracked Text Description: Application service provider services; Application service provider featuring application programming interface (API) software; Programming of multimedia applications; Design and development of software in the field of mobile applications; Providing temporary use of web-based applications; Providing temporary use of web-based speech recognition software applications; Technical support services relating to computer software and applications; Providing online non-downloadable speech recognition software; technical support services, namely, troubleshooting of computer software problems; Software development, programming and implementation; Software design and development; Development of operating system software; Research, development, design and upgrading of computer software; Smartphone software design; Development of computer software application solutions; Electronic storage of digital audio files; Electronic storage of audio files; Platform as a service (PaaS) featuring software platforms for transmission of images, audio-visual content, video content and messages; Programming of computer software for reading, transmitting and organising dataClass 042 for Application service provider featuring application programming interface (API) software; Programming of multimedia applications; Design and development of software in the field of mobile applications; Providing temporary use of web-based speech recognition software applications; Providing online non-downloadable speech recognition software; technical support services, namely, troubleshooting of computer software problems; Software development, programming and implementation; Software design and development; Development of operating system software; Research, development, design and upgrading of computer software; Smartphone software design; Development of computer software application solutions; Electronic storage of digital audio files; Electronic storage of audio files; Platform as a service (PaaS) featuring software platforms for transmission of images, audio-visual content, video content and messages; Programming of computer software for reading, transmitting and organising data
Filing Basis: Section 44(d), Priority based on foreign filing: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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority based upon a foreign application. 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, 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 or services that meet the certification standards of the applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on [ European Union Trademark - EUTM application number 018084454 filed 06/20/2019]. 15 U.S.C.Section 1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.

The applicant's current attorney information: Alex Patel. Alex Patel of PATEL & ALMEIDA, P.C., is located at

      16830 VENTURA BLVD., SUITE 360
      ENCINO, California 91436
      US

The phone number is 818-380-1900.

The email address is paulo@paiplaw.com

The applicants proposed attorney information: Alex Patel. Other appointed attorneys are Paulo A. de Almeida. Alex Patel of Patel & Almeida, P.C., is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      16830 Ventura Blvd., Suite 360
      Encino, California 91436
      United States

The phone number is 818-380-1900.

The email address is paulo@paiplaw.com

Alex Patel 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: ALEX PATEL. ALEX PATEL of PATEL & ALMEIDA, P.C., is located at

      16830 VENTURA BLVD., SUITE 360
      ENCINO, California 91436
      US

The phone number is 818-380-1900.

The email address is paulo@paiplaw.com; Alex@paiplaw.com; Nikki@paiplaw.com; inbox@paiplaw.com

The applicants proposed correspondence information: Alex Patel. Alex Patel of Patel & Almeida, P.C., is located at

      16830 Ventura Blvd., Suite 360
      Encino, California 91436
      United States

The phone number is 818-380-1900.

The email address is paulo@paiplaw.com; alex@paiplaw.com; nikki@paiplaw.com; inbox@paiplaw.com

ADDITIONAL STATEMENTS
Description of mark
The mark consists of two concentric circles with sixteen lines intersecting in the middle. The bottom portion of the lines features the stylized word "SOLO". The black background is not part of the mark.

Miscellaneous Statement
The foreign application is still pending. Applicant respectfully requests that the U.S. application be suspended until a copy of the foreign registration is available.


SIGNATURE(S)
Response Signature
Signature: /Paulo A. de Almeida/     Date: 10/08/2019
Signatory's Name: Paulo A. de Almeida
Signatory's Position: Attorney

Signatory's Phone Number: 8183801900

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:    ALEX PATEL
   PATEL & ALMEIDA, P.C.
   
   16830 VENTURA BLVD., SUITE 360
   ENCINO, California 91436
Mailing Address:    Alex Patel
   Patel & Almeida, P.C.
   16830 Ventura Blvd., Suite 360
   Encino, California 91436
        
Serial Number: 88508280
Internet Transmission Date: Tue Oct 08 14:50:32 EDT 2019
TEAS Stamp: USPTO/ROA-XXX.XXX.XX.XXX-201910081450321
50232-88508280-610ff4622d0694b21b7985217
88c3ff830b8df57e14b6db92d861a37e9bceaa-N
/A-N/A-20191008144146018430