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. 88514164 AUDIONOVA (Stylized and/or with Design, see http://uspto.report/TM/88514164/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 Microphones; wireless headsets; batteries; charging units; apparatus for streaming of audio data; remote control devices; software used to control, operate, configure, adjust and adapt hearings aids; downloadable computer software for the use with hearing aids
Original Filing Basis:
Filing Basis: Section 44(e), Based on Foreign Registration: For all applications: The applicant attaches a copy of [ Switzerland registration number 730278 registered 04/30/2019 with a renewal date of __________ and an expiration date of 11/12/2028 ], and translation thereof, if appropriate. 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. 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 on or 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 or services that meet the certification standards of the applicant.

Proposed:
Tracked Text Description: Microphones; wireless headsets; wireless headsets for use with smartphones and radio and intercom apparatus; wireless headsets, namely, communications headsets for use with communication radios, intercom systems, or other communications network transceivers; charging units; batteries; apparatus for streaming of audio data; charging units, namely, hearing aid battery chargers; remote control devices; apparatus for streaming of audio data, namely, digital media streaming devices used for streaming audio data to hearing aids; remote controls for hearing aids; downloadable computer software for the use with hearing aids; software used to control, operate, configure, adjust and adapt hearings aidsClass 009 for Microphones; wireless headsets for use with smartphones and radio and intercom apparatus; wireless headsets, namely, communications headsets for use with communication radios, intercom systems, or other communications network transceivers; batteries; charging units, namely, hearing aid battery chargers; apparatus for streaming of audio data, namely, digital media streaming devices used for streaming audio data to hearing aids; remote controls for hearing aids; software used to control, operate, configure, adjust and adapt hearings aids
Filing Basis: Section 44(e), Based on Foreign Registration:For all applications: The applicant attaches a copy of [ Switzerland registration number 730278 registered 04/30/2019 with a renewal date of __________ and an expiration date of 11/12/2028 ], and translation thereof, if appropriate, before the application may proceed to registration. 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. 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 on or 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 or services that meet the certification standards of the applicant.

The foreign registration that is the basis of the U.S. application under §44(e) of the Trademark Act (15 U.S.C. §1126(e)) includes a claim of standard characters or the country of origin's standard character equivalent.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 010 for Hearing aids; hearing protection devices
Original Filing Basis:
Filing Basis: Section 44(e), Based on Foreign Registration: For all applications: The applicant attaches a copy of [ Switzerland registration number 730278 registered 04/30/2019 with a renewal date of __________ and an expiration date of 11/12/2028 ], and translation thereof, if appropriate. 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. 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 on or 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 or services that meet the certification standards of the applicant.

Proposed:
Tracked Text Description: Hearing aids; hearing protection devicesClass 010 for Hearing aids
Filing Basis: Section 44(e), Based on Foreign Registration:For all applications: The applicant attaches a copy of [ Switzerland registration number 730278 registered 04/30/2019 with a renewal date of __________ and an expiration date of 11/12/2028 ], and translation thereof, if appropriate, before the application may proceed to registration. 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. 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 on or 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 or services that meet the certification standards of the applicant.

The foreign registration that is the basis of the U.S. application under §44(e) of the Trademark Act (15 U.S.C. §1126(e)) includes a claim of standard characters or the country of origin's standard character equivalent.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 035 for Retail store services featuring hearing aids and hearing instruments; TV and online advertisement in relation to hearing aids and audiological services
Original Filing Basis:
Filing Basis: Section 44(e), Based on Foreign Registration: For all applications: The applicant attaches a copy of [ Switzerland registration number 730278 registered 04/30/2019 with a renewal date of __________ and an expiration date of 11/12/2028 ], and translation thereof, if appropriate. 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. 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 on or 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 or services that meet the certification standards of the applicant.

Proposed:
Tracked Text Description: Retail store services featuring hearing aids and hearing instruments; TV and online advertisement in relation to hearing aids and audiological servicesClass 035 for Retail store services featuring hearing aids and hearing instruments
Filing Basis: Section 44(e), Based on Foreign Registration:For all applications: The applicant attaches a copy of [ Switzerland registration number 730278 registered 04/30/2019 with a renewal date of __________ and an expiration date of 11/12/2028 ], and translation thereof, if appropriate, before the application may proceed to registration. 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. 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 on or 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 or services that meet the certification standards of the applicant.

The foreign registration that is the basis of the U.S. application under §44(e) of the Trademark Act (15 U.S.C. §1126(e)) includes a claim of standard characters or the country of origin's standard character equivalent.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 044 for Services of hearing care professionals, namely, services for the adjustment of hearing aids; consultancy in the field of audiology; hearing aid fitting services; medical audiological examinations and measurement services
Original Filing Basis:
Filing Basis: Section 44(e), Based on Foreign Registration: For all applications: The applicant attaches a copy of [ Switzerland registration number 730278 registered 04/30/2019 with a renewal date of __________ and an expiration date of 11/12/2028 ], and translation thereof, if appropriate. 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. 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 on or 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 or services that meet the certification standards of the applicant.

Proposed:
Tracked Text Description: Services of hearing care professionals, namely, services for the adjustment of hearing aids; consultancy in the field of audiology; consultancy in the medical aspects of audiology; hearing aid fitting services; medical audiological examinations and measurement services; medical audiological examinations and hearing measurement services as part of audiological examination servicesClass 044 for Services of hearing care professionals, namely, services for the adjustment of hearing aids; consultancy in the medical aspects of audiology; hearing aid fitting services; medical audiological examinations and hearing measurement services as part of audiological examination services
Filing Basis: Section 44(e), Based on Foreign Registration:For all applications: The applicant attaches a copy of [ Switzerland registration number 730278 registered 04/30/2019 with a renewal date of __________ and an expiration date of 11/12/2028 ], and translation thereof, if appropriate, before the application may proceed to registration. 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. 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 on or 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 or services that meet the certification standards of the applicant.

The foreign registration that is the basis of the U.S. application under §44(e) of the Trademark Act (15 U.S.C. §1126(e)) includes a claim of standard characters or the country of origin's standard character equivalent.

The applicant's current attorney information: Sherri L. Eastley. Sherri L. Eastley of PIRKEY BARBER PLLC, is located at

      1801 EAST 6TH STREET, SUITE 300
      AUSTIN, Texas 78702
      US
The docket/reference number is SONO245US.

The phone number is 512-322-5200.

The email address is tmcentral@pirkeybarber.com

The applicants proposed attorney information: Sherri L. Eastley. Other appointed attorneys are all other attorneys at the firm. Sherri L. Eastley of PIRKEY BARBER PLLC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      1801 East 6th Street, Suite 300
      Austin, Texas 78702
      United States
The docket/reference number is SONO245US.

The phone number is 512-322-5200.

The email address is tmcentral@pirkeybarber.com

Sherri L. Eastley 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: SHERRI L. EASTLEY. SHERRI L. EASTLEY of PIRKEY BARBER PLLC, is located at

      1801 EAST 6TH STREET, SUITE 300
      AUSTIN, Texas 78702
      US
The docket/reference number is SONO245US.

The phone number is 512-322-5200.

The email address is tmcentral@pirkeybarber.com; seastley@pirkeybarber.com; fcera@pirkeybarber.com

The applicants proposed correspondence information: Sherri L. Eastley. Sherri L. Eastley of PIRKEY BARBER PLLC, is located at

      1801 East 6th Street, Suite 300
      Austin, Texas 78702
      United States
The docket/reference number is SONO245US.

The phone number is 512-322-5200.

The email address is tmcentral@pirkeybarber.com; seastley@pirkeybarber.com; fcera@pirkeybarber.com

SIGNATURE(S)
Response Signature
Signature: /Sherri L. Eastley/     Date: 10/13/2019
Signatory's Name: Sherri L. Eastley
Signatory's Position: Attorney of record, Texas bar member

Signatory's Phone Number: (512) 322-5200

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:    SHERRI L. EASTLEY
   PIRKEY BARBER PLLC
   
   1801 EAST 6TH STREET, SUITE 300
   AUSTIN, Texas 78702
Mailing Address:    Sherri L. Eastley
   PIRKEY BARBER PLLC
   1801 East 6th Street, Suite 300
   Austin, Texas 78702
        
Serial Number: 88514164
Internet Transmission Date: Sun Oct 13 21:06:35 EDT 2019
TEAS Stamp: USPTO/ROA-XXX.XX.XXX.XXX-201910132106356
91549-88514164-610422d22ff8d9dafa6e53ba6
9cf3c79ceefe18752e9a55ea728af2ebf4325dbd
2-N/A-N/A-20191013210324254303