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 |
88752849 |
LAW OFFICE ASSIGNED |
LAW OFFICE 115 |
MARK SECTION |
MARK FILE NAME |
http://uspto.report/TM/88752849/mark.png |
LITERAL ELEMENT |
WHISPER |
STANDARD CHARACTERS |
NO |
USPTO-GENERATED IMAGE |
NO |
OWNER SECTION (current) |
NAME |
Whisper.ai Inc. |
MAILING ADDRESS |
400 Treat Ave., Suite F |
CITY |
San Francisco |
STATE |
California |
ZIP/POSTAL CODE |
94110 |
COUNTRY/REGION/JURISDICTION/U.S. TERRITORY |
United States |
OWNER SECTION (proposed) |
NAME |
Whisper.ai Inc. |
MAILING ADDRESS |
400 Treat Ave., Suite F |
CITY |
San Francisco |
STATE |
California |
ZIP/POSTAL CODE |
94110 |
COUNTRY/REGION/JURISDICTION/U.S. TERRITORY |
United States |
EMAIL |
XXXX |
GOODS AND/OR SERVICES SECTION (009) (current) |
INTERNATIONAL CLASS |
009 |
DESCRIPTION |
hearing aid systems comprised of computer hardware and artificial intelligence computer software for use in hearing aids to cancel
noise, none of the forgoing to include earplugs for noise reduction |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (009) (proposed) |
INTERNATIONAL CLASS |
009 |
TRACKED TEXT DESCRIPTION |
hearing aid systems comprised of computer hardware and artificial intelligence computer software for use
in hearing aids to cancel noise, none of the forgoing to include earplugs for noise reduction; hearing aid systems comprised of computer hardware and downloadable
artificial intelligence computer software for use in hearing aids to cancel noise, none of the forgoing to include earplugs for noise reduction |
FINAL DESCRIPTION |
hearing aid systems comprised of computer hardware and downloadable artificial intelligence computer software for use in hearing aids
to cancel noise, none of the forgoing to include earplugs for noise reduction |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (010) (no change) |
GOODS AND/OR SERVICES SECTION (042)(class added) |
INTERNATIONAL CLASS |
042 |
DESCRIPTION |
providing online, non-downloadable artificial intelligence computer software for use in hearing aids to cancel noise, none of the
forgoing to include earplugs for noise reduction |
FILING BASIS |
Section 1(b) |
CORRESPONDENCE INFORMATION (current) |
NAME |
JULIA SPOOR GARD |
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE |
jgard@btlaw.com |
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) |
TMINDocket@btlaw.com |
DOCKET/REFERENCE NUMBER |
76745-312425 |
CORRESPONDENCE INFORMATION (proposed) |
NAME |
Julia Spoor Gard |
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE |
jgard@btlaw.com |
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) |
TMINDocket@btlaw.com; eross@btlaw.com; bssmith@btlaw.com |
DOCKET/REFERENCE NUMBER |
76745-312425 |
PAYMENT SECTION |
APPLICATION FOR REGISTRATION PER CLASS |
275 |
NUMBER OF CLASSES |
1 |
TOTAL FEES DUE |
275 |
SIGNATURE SECTION |
DECLARATION SIGNATURE |
/bssmith/ |
SIGNATORY'S NAME |
Brittany S. Smith |
SIGNATORY'S POSITION |
Attorney, Barnes & Thornburg LLP, Indiana Bar Member |
SIGNATORY'S PHONE NUMBER |
317-236-1313 |
DATE SIGNED |
04/08/2020 |
RESPONSE SIGNATURE |
/bssmith/ |
SIGNATORY'S NAME |
Brittany S. Smith |
SIGNATORY'S POSITION |
Attorney, Barnes & Thornburg LLP, Indiana Bar Member |
SIGNATORY'S PHONE NUMBER |
317-236-1313 |
DATE SIGNED |
04/08/2020 |
AUTHORIZED SIGNATORY |
YES |
FILING INFORMATION SECTION |
SUBMIT DATE |
Wed Apr 08 23:40:45 ET 2020 |
TEAS STAMP |
USPTO/ROA-XX.XXX.XXX.XX-2
0200408234045384456-88752
849-7109a4a1de64a31b5b0c9
c8fe978b786ae878ca25f29d5
68ba6ac5bd7bec2ce1-CC-404
32099-2020040823260002586
0 |
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.
88752849 WHISPER (Stylized and/or with Design, see http://tmng-al.uspto.gov /resting2/api/img/8875284 9/large) has been amended as follows:
CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following:
Current:
Class 009 for hearing aid systems comprised of computer hardware and artificial intelligence computer software for use in hearing aids to cancel noise, none of the forgoing to include earplugs for
noise reduction
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: hearing aid systems comprised of computer hardware and artificial intelligence computer software for use in hearing aids to cancel
noise, none of the forgoing to include earplugs for noise reduction;
hearing aid systems comprised of computer hardware and downloadable artificial intelligence
computer software for use in hearing aids to cancel noise, none of the forgoing to include earplugs for noise reductionClass 009 for hearing aid systems comprised of computer hardware and
downloadable artificial intelligence computer software for use in hearing aids to cancel noise, none of the forgoing to include earplugs for noise reduction
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 hereby adds the following class of goods/services to the application:
New: Class 042 for providing online, non-downloadable artificial intelligence computer software for use in hearing aids to cancel noise, none of the forgoing to include earplugs for noise
reduction
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: Whisper.ai Inc., a corporation of Delaware, having an address of
400 Treat Ave., Suite F
San Francisco, California 94110
United States
Proposed: Whisper.ai Inc., a corporation of Delaware, having an address of
400 Treat Ave., Suite F
San Francisco, California 94110
United States
Email Address: XXXX
Correspondence Information (current):
JULIA SPOOR GARD
PRIMARY EMAIL FOR CORRESPONDENCE: jgard@btlaw.com
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): TMINDocket@btlaw.com
The docket/reference number is 76745-312425.
Correspondence Information (proposed):
Julia Spoor Gard
PRIMARY EMAIL FOR CORRESPONDENCE: jgard@btlaw.com
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): TMINDocket@btlaw.com; eross@btlaw.com; bssmith@btlaw.com
The docket/reference number is 76745-312425.
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).
FEE(S)
Fee(s) in the amount of $275 is being submitted.
SIGNATURE(S)
Declaration Signature
DECLARATION: The signatory being warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. § 1001, and that such willful
false statements and the like may jeopardize the validity of the application or submission or any registration resulting therefrom, declares that, if the applicant submitted the application or
allegation of use (AOU) unsigned, all statements in the application or AOU and this submission based on the signatory's own knowledge are true, and all statements in the application or AOU and this
submission made on information and belief are believed to be true.
STATEMENTS FOR UNSIGNED SECTION 1(a) APPLICATION/AOU: If the applicant filed an unsigned application under 15 U.S.C. §1051(a) or AOU under 15 U.S.C. §1051(c), the signatory additionally
believes that: the applicant is the owner of the mark sought to be registered; the mark is in use in commerce and was in use in commerce as of the filing date of the application or AOU on or in
connection with the goods/services/collective membership organization in the application or AOU; the original specimen(s), if applicable, shows the mark in use in commerce as of the filing date of
the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; for a collective trademark, collective service mark, collective
membership mark application, or certification mark application, the applicant is exercising legitimate control over the use of the mark in commerce and was exercising legitimate control over
the use of the mark in commerce as of the filing date of the application or AOU; for a certification mark application, the applicant is not engaged 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.
To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or concurrent users, have the right to use the mark in commerce, either
in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services/collective membership organization of such other persons, to cause confusion
or mistake, or to deceive.
STATEMENTS FOR UNSIGNED SECTION 1(b)/SECTION 44 APPLICATION AND FOR SECTION 66(a) COLLECTIVE/CERTIFICATION MARK APPLICATION: If the applicant filed an unsigned application under 15 U.S.C.
§§ 1051(b), 1126(d), and/or 1126(e), or filed a collective/certification mark application under 15 U.S.C. §1141f(a), the signatory additionally believes that: for a trademark or service mark
application, the applicant is entitled to use the mark in commerce on or in connection with the goods/services specified in the application; the applicant has a bona fide intention to use the
mark in commerce and had a bona fide intention to use the mark in commerce as of the application filing date; for a collective trademark, collective service mark, collective membership mark, or
certification mark application, the applicant has a bona fide intention, and is entitled, to exercise legitimate control over the use of the mark in commerce and had a bona fide intention,
and was entitled, to exercise legitimate control over the use of the mark in commerce as of the application filing date; the signatory is properly authorized to execute the declaration on behalf of
the applicant; for a certification mark application, 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. To the best of the signatory's knowledge and belief, no other
persons, except, if applicable, authorized users, members, and/or concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be
likely, when used on or in connection with the goods/services/collective membership organization of such other persons, to cause confusion or mistake, or to deceive.
Signature: /bssmith/ Date: 04/08/2020
Signatory's Name: Brittany S. Smith
Signatory's Position: Attorney, Barnes & Thornburg LLP, Indiana Bar Member
Signatory's Phone Number: 317-236-1313
Response Signature
Signature: /bssmith/ Date: 04/08/2020
Signatory's Name: Brittany S. Smith
Signatory's Position: Attorney, Barnes & Thornburg LLP, Indiana Bar Member
Signatory's Phone Number: 317-236-1313
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: JULIA SPOOR GARD
BARNES & THORNBURG LLP
11 SOUTH MERIDIAN STREET
INDIANAPOLIS, Indiana 46204-3535
Mailing Address: Julia Spoor Gard
BARNES & THORNBURG LLP
11 SOUTH MERIDIAN STREET
INDIANAPOLIS, Indiana 46204-3535
RAM Sale Number: 88752849
RAM Accounting Date: 04/08/2020
Serial Number: 88752849
Internet Transmission Date: Wed Apr 08 23:40:45 ET 2020
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XX-2020040823404538
4456-88752849-7109a4a1de64a31b5b0c9c8fe9
78b786ae878ca25f29d568ba6ac5bd7bec2ce1-C
C-40432099-20200408232600025860