Response to Office Action

HYPEAK

VIVO MOBILE COMMUNICATION CO., LTD.

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)

Response to Office Action


The table below presents the data as entered.

Input Field
Entered
SERIAL NUMBER 88729344
LAW OFFICE ASSIGNED LAW OFFICE 104
MARK SECTION
MARK mark
LITERAL ELEMENT HYPEAK
STANDARD CHARACTERS YES
USPTO-GENERATED IMAGE YES
MARK STATEMENT The mark consists of standard characters, without claim to any particular font style, size or color.
GOODS AND/OR SERVICES SECTION (current)
INTERNATIONAL CLASS 009
DESCRIPTION
Data processing apparatus; Personal digital assistants; Telecommunication apparatus in the form of jewellery; Downloadable software applications for mobile phones; Tablet computers; Interactive touch screen terminals; Smart glasses; Smart watches; Touch screen pens; Wearable computers; Facial recognition apparatus; Navigational instruments; Global positioning system (GPS) apparatus; Smart phones; Mobile phones; Cell phone straps; Wearable activity trackers; Cell phone cases; Cell phone covers; Protective films adapted for mobile phone screens; Wearable smart phones; Stands adapted for mobile phones; Cabinets for loudspeakers; Wireless speakers; Headphones; Wireless headphones; Earphones for cellular telephones; Wireless headsets for smart phones; Selfie sticks used as smartphone accessories; Selfie lenses; USB cables; USB cables for cellphones; Power adapters; Batteries, electric; Battery chargers; Rechargeable batteries; Wireless chargers; Battery chargers for mobile phones; Smart earphones; Smart headphones; Intelligent earphones; Intelligent headphones; Augmented reality glasses; Augmented reality headsets; Virtual reality glasses; Virtual reality headsets; Virtual reality hardware; Virtual and augmented reality software; Smart speakers; Artificial intelligent speakers; Smart television; Notebook computers; Computers; Displays for mobile phones; Mobile phone stands for use in vehicles; Power banks; Smartbands; Body fat scales; Scales with body mass analysers; Chips; Electronic chips
FILING BASIS Section 1(b)
GOODS AND/OR SERVICES SECTION (proposed)
INTERNATIONAL CLASS 009
TRACKED TEXT DESCRIPTION
Data processing apparatus; Personal digital assistants; Telecommunication apparatus in the form of jewellery; Telecommunication apparatus in the nature of wireless receivers in the form of jewellery; Downloadable software applications for mobile phones; Downloadable software applications for mobile phones, namely, software applications for playing music, playing games, engaging in online shopping, accessing and viewing travel guides, communicating with others, processing and transmitting images, and taking, saving and storing photographs; Tablet computers; Interactive touch screen terminals; Smart glasses; Smart watches; Touch screen pens; Wearable computers; Wearable computers in the nature of smartwatches; Facial recognition apparatus; Wearable computers in the nature of smartglasses; Navigational instruments; Facial recognition apparatus, namely, downloadable pattern recognition software for identifying human faces; Electric Navigational instruments; Smart phones; Global positioning system (GPS) apparatus; Smartphones; Mobile phones; Cell phone straps; Wearable activity trackers; Cell phone cases; Cell phone covers; Protective films adapted for mobile phone screens; Wearable smart phones; Stands adapted for mobile phones; Cabinets for loudspeakers; Wireless speakers; Headphones; Wireless headphones; Earphones for cellular telephones; Wireless headsets for smart phones; Selfie lenses; Selfie sticks used as smartphone accessories; Selfie lenses, namely, lenses for smartphone cameras; USB cables; USB cables for cellphones; Power adapters; Batteries, electric; Battery chargers; Rechargeable batteries; Wireless chargers; Battery chargers for mobile phones; Smart earphones; Smart headphones; Intelligent earphones; Augmented reality glasses; Intelligent headphones; Augmented reality optical glasses; Virtual reality glasses; Augmented reality headsets; Virtual reality optical glasses; Virtual reality hardware; Virtual reality headsets; Virtual and augmented reality software; Virtual reality computer hardware; Smart speakers; Downloadable virtual and augmented reality software for playing computer games; Artificial intelligent speakers; Smart speakers in the nature of wireless audio speakers; Artificial intelligence speakers in the nature of wireless audio speakers; Smart television; Notebook computers; Displays for mobile phones; Computers; Mobile phone stands for use in vehicles; Displays for mobile phones, namely, LED displays for mobile phones and liquid crystal displays for mobile phones; Power banks; Stands adapted for mobile phones for use in vehicles; battery packs in the nature of rechargeable batteries; Body fat scales; Smartbands; Body fat scales for household use; Chips; Scales with body mass analysers; Electronic chips; Silicon chips; Electronic chips for the manufacture of integrated circuits
FINAL DESCRIPTION
Data processing apparatus; Personal digital assistants; Telecommunication apparatus in the nature of wireless receivers in the form of jewellery; Downloadable software applications for mobile phones, namely, software applications for playing music, playing games, engaging in online shopping, accessing and viewing travel guides, communicating with others, processing and transmitting images, and taking, saving and storing photographs; Tablet computers; Interactive touch screen terminals; Smart glasses; Smart watches; Touch screen pens; Wearable computers in the nature of smartwatches; Wearable computers in the nature of smartglasses; Facial recognition apparatus, namely, downloadable pattern recognition software for identifying human faces; Electric Navigational instruments; Global positioning system (GPS) apparatus; Smartphones; Mobile phones; Cell phone straps; Wearable activity trackers; Cell phone cases; Cell phone covers; Protective films adapted for mobile phone screens; Wearable smart phones; Stands adapted for mobile phones; Cabinets for loudspeakers; Wireless speakers; Headphones; Wireless headphones; Earphones for cellular telephones; Wireless headsets for smart phones; Selfie sticks used as smartphone accessories; Selfie lenses, namely, lenses for smartphone cameras; USB cables; USB cables for cellphones; Power adapters; Batteries, electric; Battery chargers; Rechargeable batteries; Wireless chargers; Battery chargers for mobile phones; Smart earphones; Smart headphones; Intelligent earphones; Intelligent headphones; Augmented reality optical glasses; Augmented reality headsets; Virtual reality optical glasses; Virtual reality headsets; Virtual reality computer hardware; Downloadable virtual and augmented reality software for playing computer games; Smart speakers in the nature of wireless audio speakers; Artificial intelligence speakers in the nature of wireless audio speakers; Smart television; Notebook computers; Computers; Displays for mobile phones, namely, LED displays for mobile phones and liquid crystal displays for mobile phones; Stands adapted for mobile phones for use in vehicles; battery packs in the nature of rechargeable batteries; Smartbands; Body fat scales for household use; Scales with body mass analysers; Silicon chips; Electronic chips for the manufacture of integrated circuits
FILING BASIS Section 1(b)
CORRESPONDENCE INFORMATION (current)
NAME Nazly Aileen Bayramoglu
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE tm@bayramoglu-legal.com
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) gokalp@bayramoglu-legal.com; nazly@bayramoglu-legal.com; deniz@bayramoglu-legal.com
CORRESPONDENCE INFORMATION (proposed)
NAME Nazly Aileen Bayramoglu
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE tm@bayramoglu-legal.com
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) david@bayramoglu-legal.com; gokalp@bayramoglu-legal.com; nazly@bayramoglu-legal.com; deniz@bayramoglu-legal.com
SIGNATURE SECTION
RESPONSE SIGNATURE /David Silver/
SIGNATORY'S NAME David Silver
SIGNATORY'S POSITION Associate Attorney, Bayramoglu Law Offices LLC, California Bar member
SIGNATORY'S PHONE NUMBER 7024625973
DATE SIGNED 07/17/2020
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Fri Jul 17 17:18:23 ET 2020
TEAS STAMP USPTO/ROA-XXXX:XXXX:XXXX:
XXXX:XXXX:XXXX:XXXX:XXXX-
20200717171823260982-8872
9344-7408746312695bef2c1c
650cb82394cfa6d6a8a213b96
1d069325c822ab8416efa-N/A
-N/A-20200717170516348757



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. 88729344 HYPEAK(Standard Characters, see http://uspto.report/TM/88729344/mark.png) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 009 for Data processing apparatus; Personal digital assistants; Telecommunication apparatus in the form of jewellery; Downloadable software applications for mobile phones; Tablet computers; Interactive touch screen terminals; Smart glasses; Smart watches; Touch screen pens; Wearable computers; Facial recognition apparatus; Navigational instruments; Global positioning system (GPS) apparatus; Smart phones; Mobile phones; Cell phone straps; Wearable activity trackers; Cell phone cases; Cell phone covers; Protective films adapted for mobile phone screens; Wearable smart phones; Stands adapted for mobile phones; Cabinets for loudspeakers; Wireless speakers; Headphones; Wireless headphones; Earphones for cellular telephones; Wireless headsets for smart phones; Selfie sticks used as smartphone accessories; Selfie lenses; USB cables; USB cables for cellphones; Power adapters; Batteries, electric; Battery chargers; Rechargeable batteries; Wireless chargers; Battery chargers for mobile phones; Smart earphones; Smart headphones; Intelligent earphones; Intelligent headphones; Augmented reality glasses; Augmented reality headsets; Virtual reality glasses; Virtual reality headsets; Virtual reality hardware; Virtual and augmented reality software; Smart speakers; Artificial intelligent speakers; Smart television; Notebook computers; Computers; Displays for mobile phones; Mobile phone stands for use in vehicles; Power banks; Smartbands; Body fat scales; Scales with body mass analysers; Chips; Electronic chips
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 processing apparatus; Personal digital assistants; Telecommunication apparatus in the form of jewellery; Telecommunication apparatus in the nature of wireless receivers in the form of jewellery; Downloadable software applications for mobile phones; Downloadable software applications for mobile phones, namely, software applications for playing music, playing games, engaging in online shopping, accessing and viewing travel guides, communicating with others, processing and transmitting images, and taking, saving and storing photographs; Tablet computers; Interactive touch screen terminals; Smart glasses; Smart watches; Touch screen pens; Wearable computers; Wearable computers in the nature of smartwatches; Facial recognition apparatus; Wearable computers in the nature of smartglasses; Navigational instruments; Facial recognition apparatus, namely, downloadable pattern recognition software for identifying human faces; Electric Navigational instruments; Smart phones; Global positioning system (GPS) apparatus; Smartphones; Mobile phones; Cell phone straps; Wearable activity trackers; Cell phone cases; Cell phone covers; Protective films adapted for mobile phone screens; Wearable smart phones; Stands adapted for mobile phones; Cabinets for loudspeakers; Wireless speakers; Headphones; Wireless headphones; Earphones for cellular telephones; Wireless headsets for smart phones; Selfie lenses; Selfie sticks used as smartphone accessories; Selfie lenses, namely, lenses for smartphone cameras; USB cables; USB cables for cellphones; Power adapters; Batteries, electric; Battery chargers; Rechargeable batteries; Wireless chargers; Battery chargers for mobile phones; Smart earphones; Smart headphones; Intelligent earphones; Augmented reality glasses; Intelligent headphones; Augmented reality optical glasses; Virtual reality glasses; Augmented reality headsets; Virtual reality optical glasses; Virtual reality hardware; Virtual reality headsets; Virtual and augmented reality software; Virtual reality computer hardware; Smart speakers; Downloadable virtual and augmented reality software for playing computer games; Artificial intelligent speakers; Smart speakers in the nature of wireless audio speakers; Artificial intelligence speakers in the nature of wireless audio speakers; Smart television; Notebook computers; Displays for mobile phones; Computers; Mobile phone stands for use in vehicles; Displays for mobile phones, namely, LED displays for mobile phones and liquid crystal displays for mobile phones; Power banks; Stands adapted for mobile phones for use in vehicles; battery packs in the nature of rechargeable batteries; Body fat scales; Smartbands; Body fat scales for household use; Chips; Scales with body mass analysers; Electronic chips; Silicon chips; Electronic chips for the manufacture of integrated circuitsClass 009 for Data processing apparatus; Personal digital assistants; Telecommunication apparatus in the nature of wireless receivers in the form of jewellery; Downloadable software applications for mobile phones, namely, software applications for playing music, playing games, engaging in online shopping, accessing and viewing travel guides, communicating with others, processing and transmitting images, and taking, saving and storing photographs; Tablet computers; Interactive touch screen terminals; Smart glasses; Smart watches; Touch screen pens; Wearable computers in the nature of smartwatches; Wearable computers in the nature of smartglasses; Facial recognition apparatus, namely, downloadable pattern recognition software for identifying human faces; Electric Navigational instruments; Global positioning system (GPS) apparatus; Smartphones; Mobile phones; Cell phone straps; Wearable activity trackers; Cell phone cases; Cell phone covers; Protective films adapted for mobile phone screens; Wearable smart phones; Stands adapted for mobile phones; Cabinets for loudspeakers; Wireless speakers; Headphones; Wireless headphones; Earphones for cellular telephones; Wireless headsets for smart phones; Selfie sticks used as smartphone accessories; Selfie lenses, namely, lenses for smartphone cameras; USB cables; USB cables for cellphones; Power adapters; Batteries, electric; Battery chargers; Rechargeable batteries; Wireless chargers; Battery chargers for mobile phones; Smart earphones; Smart headphones; Intelligent earphones; Intelligent headphones; Augmented reality optical glasses; Augmented reality headsets; Virtual reality optical glasses; Virtual reality headsets; Virtual reality computer hardware; Downloadable virtual and augmented reality software for playing computer games; Smart speakers in the nature of wireless audio speakers; Artificial intelligence speakers in the nature of wireless audio speakers; Smart television; Notebook computers; Computers; Displays for mobile phones, namely, LED displays for mobile phones and liquid crystal displays for mobile phones; Stands adapted for mobile phones for use in vehicles; battery packs in the nature of rechargeable batteries; Smartbands; Body fat scales for household use; Scales with body mass analysers; Silicon chips; Electronic chips for the manufacture of integrated circuits
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.
Correspondence Information (current):
      Nazly Aileen Bayramoglu
      PRIMARY EMAIL FOR CORRESPONDENCE: tm@bayramoglu-legal.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): gokalp@bayramoglu-legal.com; nazly@bayramoglu-legal.com; deniz@bayramoglu-legal.com
Correspondence Information (proposed):
      Nazly Aileen Bayramoglu
      PRIMARY EMAIL FOR CORRESPONDENCE: tm@bayramoglu-legal.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): david@bayramoglu-legal.com; gokalp@bayramoglu-legal.com; nazly@bayramoglu-legal.com; deniz@bayramoglu-legal.com

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: /David Silver/     Date: 07/17/2020
Signatory's Name: David Silver
Signatory's Position: Associate Attorney, Bayramoglu Law Offices LLC, California Bar member

Signatory's Phone Number: 7024625973

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:    Nazly Aileen Bayramoglu
   BAYRAMOGLU LAW OFFICES LLC
   
   1540 WEST WARM SPRINGS ROAD SUITE 100
   HENDERSON, Nevada 89014
Mailing Address:    Nazly Aileen Bayramoglu
   BAYRAMOGLU LAW OFFICES LLC
   1540 WEST WARM SPRINGS ROAD SUITE 100
   HENDERSON, Nevada 89014
        
Serial Number: 88729344
Internet Transmission Date: Fri Jul 17 17:18:23 ET 2020
TEAS Stamp: USPTO/ROA-XXXX:XXXX:XXXX:XXXX:XXXX:XXXX:
XXXX:XXXX-20200717171823260982-88729344-
7408746312695bef2c1c650cb82394cfa6d6a8a2
13b961d069325c822ab8416efa-N/A-N/A-20200
717170516348757



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