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. 88587855 THX (Stylized and/or with Design, see http://uspto.report/TM/88587855/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 Mobile devices, namely, mobile phones, smartphones, laptops, wireless speakers, and tablets; Wireless audio modules; Powered loudspeakers; Network hardware devices; Audio/video hubs; Wireless audio/video hubs; Computer monitors; Audio codec; Audio adapters, namely, plug adaptors, adaptor plugs, power adapters, and electric adaptor cables; System on a Chip (SoC); Downloadable software for audio rendering and playback; Downloadable software for spatialized audio; Professional cinema and studio loudspeaker systems comprising cinema processors, sound amplifiers, crossovers, and loudspeakers
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: Mobile devices, namely, mobile phones, smartphones, laptops, wireless speakers, and tablets; Mobile devices, namely mobile phones, smartphones, laptop computers, wireless speakers, and tablet computers; Wireless audio modules; Wireless audio speakers; Powered loudspeakers; Network hardware devices; Network hardware devices, namely, network routers, network hubs; Audio/video hubs; Digital media hubs for audio and video; Wireless audio/video hubs; Wireless digital media hubs for audio and video; Computer monitors; Audio codec; Audio codec in the nature of signal processors; Audio adapters, namely, plug adaptors, adaptor plugs, power adapters, and electric adaptor cables; Audio adapters, namely plug adaptors, adaptor plugs, power adapters, and electric adaptor cables; System on a Chip (SoC); Downloadable software for audio rendering and playback; Downloadable software for spatialized audio; Downloadable software for rendering, processing and/or playback of spatialized audio signals; Professional cinema and studio loudspeaker systems comprising cinema processors, sound amplifiers, crossovers, and loudspeakers; Professional cinema and studio loudspeaker systems comprising cinema signal processors for audio speakers, sound amplifiers, sound crossovers, and loudspeakersClass 009 for Mobile devices, namely mobile phones, smartphones, laptop computers, wireless speakers, and tablet computers; Wireless audio speakers; Powered loudspeakers; Network hardware devices, namely, network routers, network hubs; Digital media hubs for audio and video; Wireless digital media hubs for audio and video; Computer monitors; Audio codec in the nature of signal processors; Audio adapters, namely plug adaptors, adaptor plugs, power adapters, and electric adaptor cables; System on a Chip (SoC); Downloadable software for audio rendering and playback; Downloadable software for rendering, processing and/or playback of spatialized audio signals; Professional cinema and studio loudspeaker systems comprising cinema signal processors for audio speakers, sound amplifiers, sound crossovers, and loudspeakers
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.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 042 for Testing and tuning of the goods and services of others in the fields of concerts, live entertainment events, mobile devices, laptops, mobile phones, smartphones, loudspeakers, soundbars, wireless speakers, tablets, mobile device speakers, headphones, network hardware devices, audio/video hubs, computers, computer monitors, audio codec, audio adapters, system on a chip (SoC), and wireless audio modules; and consultation services therefore; online, non-downloadable software for spatialized audio; online, non-downloadable software for audio rendering and playback
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: Testing and tuning of the goods and services of others in the fields of concerts, live entertainment events, mobile devices, laptops, mobile phones, smartphones, loudspeakers, soundbars, wireless speakers, tablets, mobile device speakers, headphones, network hardware devices, audio/video hubs, computers, computer monitors, audio codec, audio adapters, system on a chip (SoC), and wireless audio modules; Testing of goods of others, namely audio and video equipment for concerts, live entertainment events, mobile devices, laptop computers, mobile phones, smartphones, loudspeakers, soundbars, wireless speakers, tablet computers, mobile device speakers, headphones, network hardware devices, digital media hubs for audio and video, computers, computer monitors, audio codec signal processors, audio adapters, system on a chip (SoC), and wireless audio speaker modules; and consultation services therefore; online, non-downloadable software for spatialized audio; providing temporary use of online, non-downloadable software for processing spatialized audio signals; online, non-downloadable software for audio rendering and playback; providing temporary use of online, non-downloadable software for audio rendering and playbackClass 042 for Testing of goods of others, namely audio and video equipment for concerts, live entertainment events, mobile devices, laptop computers, mobile phones, smartphones, loudspeakers, soundbars, wireless speakers, tablet computers, mobile device speakers, headphones, network hardware devices, digital media hubs for audio and video, computers, computer monitors, audio codec signal processors, audio adapters, system on a chip (SoC), and wireless audio speaker modules; and consultation services therefore; providing temporary use of online, non-downloadable software for processing spatialized audio signals; providing temporary use of online, non-downloadable software for audio rendering and playback
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.

SIGNATURE(S)
Response Signature
Signature: /Jennifer Lee Taylor/     Date: 01/22/2020
Signatory's Name: Jennifer Lee Taylor
Signatory's Position: Attorney of record, California bar member

Signatory's Phone Number: 4152686538

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.

        
Serial Number: 88587855
Internet Transmission Date: Wed Jan 22 15:15:33 EST 2020
TEAS Stamp: USPTO/ROA-XXX.XXX.X.X-202001221515336610
88-88587855-700fa13d40cba78198b5daa980a4
d6eb5c70f9837f9445887e4ce532ee9521a787-N
/A-N/A-20200122151307134832