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. 88770123 ICE(Standard Characters, see http://uspto.report/TM/88770123/mark.png) has been amended as follows:

EVIDENCE
Evidence has been attached: Response to refusal with respect to goods, class, likelihood of confusion, and specimen refusal.
Original PDF file:
evi_1-1732443660-20200810 170403657649_._ResponseTo RefusalIce08102020Final.pdf
Converted PDF file(s) ( 15 pages) Evidence-1Evidence-2Evidence-3Evidence-4Evidence-5Evidence-6Evidence-7Evidence-8Evidence-9Evidence-10Evidence-11Evidence-12Evidence-13Evidence-14Evidence-15

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 009 for solid-state electronic components; solid-state electronic components for cooling systems; electro-hydrodynamic cooling systems; electro-hydrodynamic cooling systems using a forced convective gaseous flow; ionic cooling systems; ionic cooling systems using a forced convective gaseous flow; electronic components in the nature of cooling systems
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 12/31/2017 and first used in commerce at least as early as 12/31/2017 , and is now in use in such commerce.


Proposed:

Tracked Text Description: solid-state electronic components; Electronic components for solid state cooling systems, namely, cooling for wireless charging pads, laptops, tablets, televisions, smart phones, VR headsets, and other small consumer electronic devices; solid-state electronic components for cooling systems; electro-hydrodynamic cooling systems; electro-hydrodynamic cooling systems using a forced convective gaseous flow being solid state cooling fans for wireless charging pads, laptops, tablets, televisions, smart phones, VR headsets, and other small consumer electronic devices; electro-hydrodynamic cooling systems using a forced convective gaseous flow; ionic cooling systems using a forced convective gaseous flow, namely, solid state cooling fans for wireless charging pads, laptops, tablets, televisions, smart phones, VR headsets, and other small consumer electronic devices; ionic cooling systems; electronic components in the nature of cooling systems being solid state cooling fans for wireless charging pads, laptops, tablets, televisions smart phones, VR headsets, and other small consumer electronic devices; ionic cooling systems using a forced convective gaseous flow; electronic components in the nature of cooling systemsClass 009 for Electronic components for solid state cooling systems, namely, cooling for wireless charging pads, laptops, tablets, televisions, smart phones, VR headsets, and other small consumer electronic devices; electro-hydrodynamic cooling systems; electro-hydrodynamic cooling systems using a forced convective gaseous flow being solid state cooling fans for wireless charging pads, laptops, tablets, televisions, smart phones, VR headsets, and other small consumer electronic devices; ionic cooling systems using a forced convective gaseous flow, namely, solid state cooling fans for wireless charging pads, laptops, tablets, televisions, smart phones, VR headsets, and other small consumer electronic devices; electronic components in the nature of cooling systems being solid state cooling fans for wireless charging pads, laptops, tablets, televisions smart phones, VR headsets, and other small consumer electronic devices
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 12/31/2017 and first used in commerce at least as early as 12/31/2017 , and is now in use in such commerce.
Applicant hereby submits one(or more) specimen(s) for Class 009. The specimen(s) submitted consists of Photograph of good (solid state electronic component) with ICE mark..
"The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing date of the application"[for an application based on Section 1(a), Use in Commerce] OR "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce prior either to the filing of the Amendment to Allege Use or expiration of the filing deadline for filing a Statement of Use" [for an application based on Section 1(b) Intent-to-Use]. OR "The attached specimen is a true copy of the specimen that was originally submitted with the application, amendment to allege use, or statement of use" [for an illegible specimen].
Specimen File1

OWNER AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: Ventiva, Inc., a corporation of Delaware, having an address of
      6024 Silver Creek Valley Road
      San Jose, California 95138
      United States
      Email Address: XXXX
      424-281-0162
      424-281-0161
Proposed: Ventiva, Inc., a corporation of Delaware, having an address of
      6024 Silver Creek Valley Road
      San Jose, California 95138
      United States
      Email Address: XXXX
      424-281-0162
      424-281-0162
Correspondence Information (current):
      ADAM DIAMENT
      PRIMARY EMAIL FOR CORRESPONDENCE: adam@diamentpatentlaw.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

The docket/reference number is VT-08.
Correspondence Information (proposed):
      Adam Diament
      PRIMARY EMAIL FOR CORRESPONDENCE: adam@diamentpatentlaw.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

The docket/reference number is VT-08.

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)
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: /Adam Diament/      Date: 08/10/2020
Signatory's Name: Adam Diament
Signatory's Position: Attorney of Record, California Bar Member 259696
Signatory's Phone Number: 424-281-0162


Response Signature
Signature: /Adam Diament/     Date: 08/10/2020
Signatory's Name: Adam Diament
Signatory's Position: Attorney of record, California Bar Member 259696

Signatory's Phone Number: 424-281-0162

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:    ADAM DIAMENT
   DIAMENT PATENT LAW, P.C.
   
   16501 VENTURA BLVD., SUITE 400
   ENCINO, California 91436
Mailing Address:    Adam Diament
   DIAMENT PATENT LAW, P.C.
   16501 VENTURA BLVD., SUITE 400
   ENCINO, California 91436
        
Serial Number: 88770123
Internet Transmission Date: Mon Aug 10 17:32:35 ET 2020
TEAS Stamp: USPTO/ROA-XXX.XXX.XX.XX-2020081017323564
5220-88770123-740fd1cbccdcad7bbe0caff75a
69cc3efed6f2d7e7eeba989ef433b1f4e76bd6-N
/A-N/A-20200810170403657649