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. 88747634 OSPREY(Standard Characters, see http://uspto.report/TM/88747634/mark.png) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 009 for Lidar apparatus; Distance measuring apparatus; Sensors for measuring distance; Lidar apparatus for use with object detection, machine vision, and/or distance measurement; Time-of-flight cameras; Three-dimensional cameras; Software for object detection, machine vision, and/or distance measurement
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: Lidar apparatus; Distance measuring apparatus; Sensors for measuring distance; Lidar apparatus for use with object detection, machine vision, and/or distance measurement; Time-of-flight cameras; Three-dimensional cameras; Software for object detection, machine vision, and/or distance measurement; Downloadable and recorded software for object detection, machine vision, and/or distance measurementClass 009 for Lidar apparatus; Distance measuring apparatus; Sensors for measuring distance; Lidar apparatus for use with object detection, machine vision, and/or distance measurement; Time-of-flight cameras; Three-dimensional cameras; Downloadable and recorded software for object detection, machine vision, and/or distance measurement
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: Sense Photonics, Inc., a corporation of Delaware, having an address of
      3021 E. Cornwallis Road
      Durham, North Carolina 27709
      United States

Proposed: Sense Photonics, Inc., a corporation of Delaware, having an address of
      3021 E. Cornwallis Road
      Durham, North Carolina 27709
      United States
      Email Address: XXXX
Correspondence Information (current):
      LAURA M. KELLEY
      PRIMARY EMAIL FOR CORRESPONDENCE: instructions@myersbigel.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): cgregory@myersbigel.com; mderosa@myersbigel.com

The docket/reference number is 1428-39.
Correspondence Information (proposed):
      Laura M. Kelley
      PRIMARY EMAIL FOR CORRESPONDENCE: instructions@myersbigel.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): cgregory@myersbigel.com; mderosa@myersbigel.com

The docket/reference number is 1428-39.

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: /Laura M. Kelley/     Date: 08/04/2020
Signatory's Name: Laura M. Kelley
Signatory's Position: Attorney of Record, NC Bar Member

Signatory's Phone Number: 9198541400

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:    LAURA M. KELLEY
   MYERS BIGEL, P.A.
   
   4140 PARKLAKE AVE,, SUITE 600
   RALEIGH, North Carolina 27612
Mailing Address:    Laura M. Kelley
   MYERS BIGEL, P.A.
   4140 PARKLAKE AVE,, SUITE 600
   RALEIGH, North Carolina 27612
        
Serial Number: 88747634
Internet Transmission Date: Tue Aug 04 15:09:24 ET 2020
TEAS Stamp: USPTO/ROA-XXX.XXX.X.XX-20200804150924867
546-88747634-740a4661deff6619759b8866ad3
a8b8ee21a93fa2560d49bfde5bc0aeb29ff126-N
/A-N/A-20200804133951432410