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
The table below presents the data as entered.
Input Field
|
Entered
|
| SERIAL NUMBER |
88600497 |
| LAW OFFICE ASSIGNED |
LAW OFFICE 120 |
| MARK SECTION |
| MARK FILE NAME |
http://uspto.report/TM/88600497/mark.png |
| STANDARD CHARACTERS |
NO |
| USPTO-GENERATED IMAGE |
NO |
COLOR(S) CLAIMED
(If applicable) |
The color(s) red, blue, purple, indigo, green, yellow, orange, crimson is/are claimed as a feature of the mark. |
DESCRIPTION OF THE MARK
(and Color Location, if applicable) |
The mark consists of a distinct stylized representation of a hummingbird having a purple beak, a purple, crimson and red head with a
transparent eye through which the color of the background on which the mark is printed exhibits, a pair of red wings, an indigo neck, a blue breast, a green belly, and a yellow and orange tail with
four orange stars underneath in flight. The mark appears on a white background which is not claimed as a feature of the mark. |
| OWNER SECTION (current) |
| NAME |
ADATA TECHNOLOGY CO., LTD. |
| INTERNAL ADDRESS |
18F, NO.258, LIAN CHENG RD., |
| MAILING ADDRESS |
CHUNG HO DIST. |
| CITY |
NEW TAIPEI CITY |
| ZIP/POSTAL CODE |
R.O.C. |
| COUNTRY/REGION/JURISDICTION/U.S. TERRITORY |
Taiwan |
| EMAIL |
XXXX |
| OWNER SECTION (proposed) |
| NAME |
ADATA TECHNOLOGY CO., LTD. |
| INTERNAL ADDRESS |
18F, NO.258, LIAN CHENG RD., |
| MAILING ADDRESS |
CHUNG HO DIST. |
| CITY |
NEW TAIPEI CITY |
| ZIP/POSTAL CODE |
R.O.C. |
| COUNTRY/REGION/JURISDICTION/U.S. TERRITORY |
Taiwan |
| EMAIL |
XXXX |
| ARGUMENT(S) |
|
Applicant thanks the examining attorney for the thorough consideration given the present application.
2(d) likelihood of confusion:
Applicant's misc design mark is refused registration because of a likelihood of confusion with the marks in reg. nos. 3869417 and 3869431.
In response, applicant confirms that it is the owner of the cited registrations. Applicant therefore respectfully requests withdrawal of the section
2(d) refusal.
|
| GOODS AND/OR SERVICES SECTION (current) |
| INTERNATIONAL CLASS |
009 |
| DESCRIPTION |
| Computer memories; Memory modules; Memory cards for computers; Blank flash memory cards; Blank flash memory disks; DRAM (dynamic random
access memory) modules; RAM (random access memory) modules; Data memories; Disc memories; Electronic memories; Semi-conductor memory units; Solid state drives; Blank USB flash drives; Disk drives;
Electronic reading apparatus for magnetic cards; Electronic reading apparatus for magnetic disks; Electronic reading apparatus for magnetic tapes; Electronic card readers; Flash card readers; Smart
card readers; Chip card readers; Interface cards for computers; Cameras; Video cameras; Digital audio players; Integrated circuits; Integrated circuit boards; Semiconductors; Secure Digital (SD)
Memory Cards; Memory cards for video game machines; Earphones; Portable media players; Audio-video receivers; Optical disk readers; Blank optical disks; Optical disk drives; USB cables; USB cables
for cellphones; Portable battery chargers; Batteries and battery chargers; Electronic battery charging devices in the nature of wireless charging pads for use with cell phones, tablets, and mobile
devices; Charging stands for electronic devices; Wireless communication devices for voice, data or image transmission; Computer network adapters, switches, routers and hubs; LAN (local area network)
hardware; Network access server hardware; WAN (wide area network) hardware; Computer hardware, namely, wireless access point (WAP) devices, wireless network repeaters, and wireless network extenders;
security surveillance robots for personal or hobby use; humanoid robots with artificial intelligence for personal or hobby use |
| FILING BASIS |
Section 1(a) |
| FIRST USE ANYWHERE DATE |
At least as early as 08/02/2019 |
| FIRST USE IN COMMERCE DATE |
At least as early as 08/02/2019 |
| GOODS AND/OR SERVICES SECTION (proposed) |
| INTERNATIONAL CLASS |
009 |
| TRACKED TEXT DESCRIPTION |
Computer memories; Memory modules; Memory cards for
computers; Blank flash memory cards; Blank flash memory disks; DRAM (dynamic random access memory) modules;
RAM (random access memory) modules; Data memories; Data memories in the nature of data memory
modules; Disc memories; Electronic memories; Semi-conductor memory units; Solid state
drives; Blank USB flash drives; Disk drives; Electronic reading apparatus for magnetic cards; Electronic reading apparatus for magnetic disks; Electronic reading apparatus for magnetic tapes; Electronic card readers;
Flash card readers; Smart card readers; Chip card readers; Interface cards for computers;
Cameras; Video cameras; Digital audio players; Integrated circuits; Integrated circuit boards; Semiconductors; Secure Digital (SD) Memory Cards; Memory cards for video game
machines; Earphones; Portable media players; Audio-video receivers; Optical disk
readers; Blank optical disks; Optical disk drives; USB cables; USB cables for
cellphones; Portable battery chargers; Batteries and battery chargers; Electronic battery charging devices in the
nature of wireless charging pads for use with cell phones, tablets, and mobile devices; Charging stands for electronic devices; Wireless
communication devices for voice, data or image transmission; Computer network adapters, switches, routers and hubs; LAN (local area network)
hardware; Network access server hardware; WAN (wide area network) hardware; Computer hardware, namely, wireless
access point (WAP) devices, wireless network repeaters, and wireless network extenders; security surveillance robots for personal or hobby use; humanoid robots with artificial intelligence for personal or hobby use |
| FINAL DESCRIPTION |
| Computer memories; Memory modules; Memory cards for computers; Blank flash memory cards; Blank flash memory disks; DRAM (dynamic random
access memory) modules; RAM (random access memory) modules; Data memories in the nature of data memory modules; Disc memories; Electronic memories; Semi-conductor memory units; Solid state drives;
Blank USB flash drives; Disk drives; Electronic reading apparatus for magnetic cards; Electronic reading apparatus for magnetic disks; Electronic reading apparatus for magnetic tapes; Electronic card
readers; Flash card readers; Smart card readers; Chip card readers; Interface cards for computers; Cameras; Video cameras; Digital audio players; Integrated circuits; Integrated circuit boards;
Semiconductors; Secure Digital (SD) Memory Cards; Memory cards for video game machines; Earphones; Portable media players; Audio-video receivers; Optical disk readers; Blank optical disks; Optical
disk drives; USB cables; USB cables for cellphones; Portable battery chargers; Batteries and battery chargers; Electronic battery charging devices in the nature of wireless charging pads for use with
cell phones, tablets, and mobile devices; Charging stands for electronic devices; Wireless communication devices for voice, data or image transmission; Computer network adapters, switches, routers
and hubs; LAN (local area network) hardware; Network access server hardware; WAN (wide area network) hardware; Computer hardware, namely, wireless access point (WAP) devices, wireless network
repeaters, and wireless network extenders; security surveillance robots for personal or hobby use; humanoid robots with artificial intelligence for personal or hobby use |
| FILING BASIS |
Section 1(a) |
| FIRST USE ANYWHERE DATE |
At least as early as 08/02/2019 |
| FIRST USE IN COMMERCE DATE |
At least as early as 08/02/2019 |
| ADDITIONAL STATEMENTS SECTION |
| ACTIVE PRIOR REGISTRATION(S) |
The applicant claims ownership of active prior U.S. Registration Number(s) 3869417 and 3869431. |
| CORRESPONDENCE INFORMATION (current) |
| NAME |
ROBERT J. KENNEY |
| PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE |
mailroom@bskb.com |
| SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) |
NOT PROVIDED |
| DOCKET/REFERENCE NUMBER |
4299-0862US1 |
| CORRESPONDENCE INFORMATION (proposed) |
| NAME |
Robert J. Kenney |
| PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE |
mailroom@bskb.com |
| SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) |
msmith@bskb.com |
| DOCKET/REFERENCE NUMBER |
4299-0862US1 |
| SIGNATURE SECTION |
| RESPONSE SIGNATURE |
/Robert J. Kenney/ |
| SIGNATORY'S NAME |
Robert J. Kenney |
| SIGNATORY'S POSITION |
Attorney of record, VA bar member |
| SIGNATORY'S PHONE NUMBER |
7032058000 |
| DATE SIGNED |
04/21/2020 |
| AUTHORIZED SIGNATORY |
YES |
| FILING INFORMATION SECTION |
| SUBMIT DATE |
Tue Apr 21 09:16:15 ET 2020 |
| TEAS STAMP |
USPTO/ROA-XXX.XX.XXX.XXX-
20200421091615423439-8860
0497-710326f542aa829ab5ef
e1b72fe8b56e125119422ca8d
3f74e9a9dfaf3157f29f48-N/
A-N/A-2020042108534583194
1 |
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.
88600497 (Stylized and/or with Design, see http://tmng-al.uspto.gov /resting2/api/img/8860049 7/large) has been amended as follows:
ARGUMENT(S)
In response to the substantive refusal(s), please note the following:
Applicant thanks the examining attorney for the thorough consideration given the present application.
2(d) likelihood of confusion:
Applicant's misc design mark is refused registration because of a likelihood of confusion with the marks in reg. nos. 3869417 and 3869431.
In response, applicant confirms that it is the owner of the cited registrations. Applicant therefore respectfully requests withdrawal of the section
2(d) refusal.
CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following:
Current:
Class 009 for Computer memories; Memory modules; Memory cards for computers; Blank flash memory cards; Blank flash memory disks; DRAM (dynamic random access memory) modules; RAM (random access
memory) modules; Data memories; Disc memories; Electronic memories; Semi-conductor memory units; Solid state drives; Blank USB flash drives; Disk drives; Electronic reading apparatus for magnetic
cards; Electronic reading apparatus for magnetic disks; Electronic reading apparatus for magnetic tapes; Electronic card readers; Flash card readers; Smart card readers; Chip card readers; Interface
cards for computers; Cameras; Video cameras; Digital audio players; Integrated circuits; Integrated circuit boards; Semiconductors; Secure Digital (SD) Memory Cards; Memory cards for video game
machines; Earphones; Portable media players; Audio-video receivers; Optical disk readers; Blank optical disks; Optical disk drives; USB cables; USB cables for cellphones; Portable battery chargers;
Batteries and battery chargers; Electronic battery charging devices in the nature of wireless charging pads for use with cell phones, tablets, and mobile devices; Charging stands for electronic
devices; Wireless communication devices for voice, data or image transmission; Computer network adapters, switches, routers and hubs; LAN (local area network) hardware; Network access server
hardware; WAN (wide area network) hardware; Computer hardware, namely, wireless access point (WAP) devices, wireless network repeaters, and wireless network extenders; security surveillance robots
for personal or hobby use; humanoid robots with artificial intelligence for personal or hobby use
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with
the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 08/02/2019 and first used in commerce at least as early as 08/02/2019 , and
is now in use in such commerce.
Proposed:
Tracked Text Description: Computer memories;
Memory modules;
Memory cards for computers;
Blank
flash memory cards;
Blank flash memory disks;
DRAM (dynamic random access memory) modules;
RAM (random access memory)
modules;
Data memories;
Data memories in the nature of data memory modules;
Disc
memories;
Electronic memories;
Semi-conductor memory units;
Solid state drives;
Blank USB
flash drives;
Disk drives;
Electronic reading apparatus for magnetic cards;
Electronic reading apparatus for magnetic
disks;
Electronic reading apparatus for magnetic tapes;
Electronic card readers;
Flash card readers;
Smart card readers;
Chip card readers;
Interface cards for computers;
Cameras;
Video cameras;
Digital audio players;
Integrated circuits;
Integrated circuit boards;
Semiconductors;
Secure Digital (SD) Memory Cards;
Memory cards for video game machines;
Earphones;
Portable media players;
Audio-video receivers;
Optical disk readers;
Blank optical disks;
Optical disk drives;
USB cables;
USB cables for cellphones;
Portable battery chargers;
Batteries and battery chargers;
Electronic battery charging devices in the nature of wireless charging pads for use with cell phones, tablets, and
mobile devices;
Charging stands for electronic devices;
Wireless communication devices for voice, data or image transmission;
Computer network adapters, switches, routers and hubs;
LAN (local area network) hardware;
Network access server
hardware;
WAN (wide area network) hardware;
Computer hardware, namely, wireless access point (WAP) devices, wireless network repeaters, and
wireless network extenders;
security surveillance robots for personal or hobby use;
humanoid robots with artificial intelligence for personal
or hobby useClass 009 for Computer memories; Memory modules; Memory cards for computers; Blank flash memory cards; Blank flash memory disks; DRAM (dynamic random access memory) modules; RAM
(random access memory) modules; Data memories in the nature of data memory modules; Disc memories; Electronic memories; Semi-conductor memory units; Solid state drives; Blank USB flash drives; Disk
drives; Electronic reading apparatus for magnetic cards; Electronic reading apparatus for magnetic disks; Electronic reading apparatus for magnetic tapes; Electronic card readers; Flash card readers;
Smart card readers; Chip card readers; Interface cards for computers; Cameras; Video cameras; Digital audio players; Integrated circuits; Integrated circuit boards; Semiconductors; Secure Digital
(SD) Memory Cards; Memory cards for video game machines; Earphones; Portable media players; Audio-video receivers; Optical disk readers; Blank optical disks; Optical disk drives; USB cables; USB
cables for cellphones; Portable battery chargers; Batteries and battery chargers; Electronic battery charging devices in the nature of wireless charging pads for use with cell phones, tablets, and
mobile devices; Charging stands for electronic devices; Wireless communication devices for voice, data or image transmission; Computer network adapters, switches, routers and hubs; LAN (local area
network) hardware; Network access server hardware; WAN (wide area network) hardware; Computer hardware, namely, wireless access point (WAP) devices, wireless network repeaters, and wireless network
extenders; security surveillance robots for personal or hobby use; humanoid robots with artificial intelligence for personal or hobby use
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with
the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 08/02/2019 and first used in commerce at least as early as 08/02/2019 , and
is now in use in such commerce.
OWNER AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: ADATA TECHNOLOGY CO., LTD. a(n) limited company (ltd.), legally organized under the laws of Taiwan, having an address of
18F, NO.258, LIAN CHENG RD., CHUNG HO DIST.
NEW TAIPEI CITY, R.O.C.
Taiwan
Email Address: XXXX
Proposed: ADATA TECHNOLOGY CO., LTD., limited company (ltd.) legally organized under the laws of Taiwan, having an address of
18F, NO.258, LIAN CHENG RD.,
CHUNG HO DIST.
NEW TAIPEI CITY, R.O.C.
Taiwan
Email Address: XXXX
ADDITIONAL STATEMENTS
Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 3869417 and 3869431.
Correspondence Information (current):
ROBERT J. KENNEY
PRIMARY EMAIL FOR CORRESPONDENCE: mailroom@bskb.com
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED
The docket/reference number is 4299-0862US1.
Correspondence Information (proposed):
Robert J. Kenney
PRIMARY EMAIL FOR CORRESPONDENCE: mailroom@bskb.com
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): msmith@bskb.com
The docket/reference number is 4299-0862US1.
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: /Robert J. Kenney/ Date: 04/21/2020
Signatory's Name: Robert J. Kenney
Signatory's Position: Attorney of record, VA bar member
Signatory's Phone Number: 7032058000
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: ROBERT J. KENNEY
BIRCH, STEWART, KOLASCH & BIRCH, LLP
8110 GATEHOUSE ROAD, SUITE 100 EAST
FALLS CHURCH, Virginia 22042
Mailing Address: Robert J. Kenney
BIRCH, STEWART, KOLASCH & BIRCH, LLP
8110 GATEHOUSE ROAD, SUITE 100 EAST
FALLS CHURCH, Virginia 22042
Serial Number: 88600497
Internet Transmission Date: Tue Apr 21 09:16:15 ET 2020
TEAS Stamp: USPTO/ROA-XXX.XX.XXX.XXX-202004210916154
23439-88600497-710326f542aa829ab5efe1b72
fe8b56e125119422ca8d3f74e9a9dfaf3157f29f
48-N/A-N/A-20200421085345831941