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. 88581702 SMART SPECTRUM(Standard Characters, see http://uspto.report/TM/88581702/mark.png) has been amended as follows:

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

Please see the actual argument text attached within the Evidence section

EVIDENCE

Original PDF file:
evi_16220313240-202005261 51848266675_._917-3TM-202 00526-Rsp-to-NFOA__conver ted_.pdf
Converted PDF file(s) ( 46 pages) Evidence-1Evidence-2Evidence-3Evidence-4Evidence-5Evidence-6Evidence-7Evidence-8Evidence-9Evidence-10Evidence-11Evidence-12Evidence-13Evidence-14Evidence-15Evidence-16Evidence-17Evidence-18Evidence-19Evidence-20Evidence-21Evidence-22Evidence-23Evidence-24Evidence-25Evidence-26Evidence-27Evidence-28Evidence-29Evidence-30Evidence-31Evidence-32Evidence-33Evidence-34Evidence-35Evidence-36Evidence-37Evidence-38Evidence-39Evidence-40Evidence-41Evidence-42Evidence-43Evidence-44Evidence-45Evidence-46

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 042 for Data analysis services using artificial intelligence for analyzing sensor data received from Internet of Things (IoT)-connected devices in an indoor-farming facility to monitor growing conditions
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: Data analysis services using artificial intelligence for analyzing sensor data received from Internet of Things (IoT)-connected devices in an indoor-farming facility to monitor growing conditions; Data automation and collection services using proprietary artificial intelligence software to evaluate, analyze, and collect services data using Internet of Things (IoT)-connected devices in indoor-farming facilities to monitor growing conditions; providing temporary use of non-downloadable cloud-based artificial intelligence software for connecting, operating, and managing Internet of Things (IoT)-connected devices for indoor farming facilities to monitor growing conditionsClass 042 for Data automation and collection services using proprietary artificial intelligence software to evaluate, analyze, and collect services data using Internet of Things (IoT)-connected devices in indoor-farming facilities to monitor growing conditions; providing temporary use of non-downloadable cloud-based artificial intelligence software for connecting, operating, and managing Internet of Things (IoT)-connected devices for indoor farming facilities to monitor growing conditions
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.

OWNER AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: AgEYE Technologies, Inc., a corporation of Delaware, having an address of
      5540 Centerview Drive, Suite 204 #30254
      Raleigh, North Carolina 27606
      United States

Proposed: AgEYE Technologies, Inc., a corporation of Delaware, having an address of
      5540 Centerview Drive, Suite 204 #30254
      Raleigh, North Carolina 27606
      United States
      Email Address: XXXX

The owner's/holder's current attorney information: Douglas W. Meier. Douglas W. Meier of AGEYE TECHNOLOGIES, INC., is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      5540 CENTERVIEW DRIVE, SUITE 204 #30254
      RALEIGH, North Carolina 27606
      United States
The docket/reference number is 917/3 TM.
      The phone number is 919-348-2194.
      The email address is dmeier@nkpatentlaw.com

The owner's/holder's proposed attorney information: Douglas W. Meier. Douglas W. Meier of NK Patent Law, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      4917 Waters Edge Drive, Suite 275
      RALEIGH, North Carolina 27606
      United States
The docket/reference number is 917/3 TM.
      The phone number is 919-348-2194.
      The email address is dmeier@nkpatentlaw.com

Douglas W. Meier 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):
      AGEYE TECHNOLOGIES, INC.
      PRIMARY EMAIL FOR CORRESPONDENCE: dmeier@nkpatentlaw.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): docket@nkpatentlaw.com

The docket/reference number is 917/3 TM.
Correspondence Information (proposed):
      Douglas W. Meier
      PRIMARY EMAIL FOR CORRESPONDENCE: dmeier@nkpatentlaw.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): docket@nkpatentlaw.com

The docket/reference number is 917/3 TM.

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).

SIGNATURE(S)
Response Signature
Signature: /Douglas W. Meier/     Date: 05/26/2020
Signatory's Name: Meier, Douglas W
Signatory's Position: Attorney of record, North Carolina bar member

Signatory's Phone Number: (919) 348-2194 ext. 102

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:    AGEYE TECHNOLOGIES, INC.
   AGEYE TECHNOLOGIES, INC.
   
   5540 CENTERVIEW DRIVE, SUITE 204 #30254
   RALEIGH, North Carolina 27606
Mailing Address:    Douglas W. Meier
   NK Patent Law
   4917 Waters Edge Drive, Suite 275
   RALEIGH, North Carolina 27606
        
Serial Number: 88581702
Internet Transmission Date: Tue May 26 15:48:58 ET 2020
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.XX-202005261548586
97247-88581702-7109d2d285f7dcaf38e1dfd6a
af10a65ddf27e53947ce4ceeafbe262c10b34ad4
-N/A-N/A-20200526151848266675