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. 88776853 VIVO (Stylized and/or with Design, see http://tmng-al.uspto.gov /resting2/api/img/8877685 3/large) has been amended as follows:

ARGUMENT(S)
In response to the substantive refusal(s), please note the following:

The prior pending application for Serial No. 87790800 has since been opposed by Vivo Mobile Communication Co., Ltd. and has been abandoned as a result. Therefore, Applicant hereby requests a withdrawal of any potential 2(d) refusal for likelihood of confusion based on Serial No. 87790800.

EVIDENCE
Evidence has been attached: July 29, 2020 Notice of Abandonment for Serial No. 87790800.
Original PDF file:
evi_260088012a80101a689b1 dec928d2a7d-2020082114361 8275381_._Notice_of_Aband onment_for_87790800.pdf
Converted PDF file(s) ( 1 page) Evidence-1

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 009 for Mobile phone software applications, downloadable namely, software for playing music, software for games, software for online shopping, software for travel guide, software for communication,software for photograph and software for image processing and transmission; Tablet computers; Smart glasses; Smart watches; Electric navigational instruments; Global positioning system (GPS) apparatus; Smartphones; Mobile phones; Cell phone covers; Cell phone cases; Protective films adapted for mobile phone screens; Wearable smart phones; Stands adapted for mobile phones; Cabinets for loudspeakers; Wireless speakers; Headphones; Wireless earphones; Earphones for cellular telephones; Wireless headsets for smart phones; Selfie sticks for use with smartphones; USB cables; USB cables for cellphones; Power adapters; Batteries, electric; Battery chargers; Wireless chargers; Battery chargers for mobile phones; Virtual reality glasses; Virtual reality headsets; Artificial intelligent speakers in the nature of wireless audio speakers; Screens for mobile phones; mobile power banks in the nature of rechargeable batteries; Smartwatch bands; Chipsets for use with wireless communication apparatuses, consumer electronic devices, smart phones, and wearable mobile computers; Integrated circuits, namely, system basis chips and systems on a chip (SOC); Multiprocessor 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: Mobile phone software applications, downloadable namely, software for playing music, software for games, software for online shopping, software for travel guide, software for communication,software for photograph and software for image processing and transmission; Mobile phone software applications, downloadable namely, software for playing music, software for games, software for online shopping, software for travel guide, software for communication, software for photograph and software for image processing and transmission; Tablet computers; Smart glasses; Smart watches; Electric navigational instruments; Global positioning system (GPS) apparatus; Smartphones; Mobile phones; Cell phone covers; Cell phone cases; Protective films adapted for mobile phone screens; Wearable smart phones; Stands adapted for mobile phones; Cabinets for loudspeakers; Wireless speakers; Headphones; Wireless earphones; Earphones for cellular telephones; Wireless headsets for smart phones; Selfie sticks for use with smartphones; USB cables; USB cables for cellphones; Power adapters; Batteries, electric; Battery chargers; Wireless chargers; Battery chargers for mobile phones; Virtual reality glasses; Virtual reality headsets; Artificial intelligent speakers in the nature of wireless audio speakers; Screens for mobile phones; touch screens for mobile phones; mobile power banks in the nature of rechargeable batteries; Smartwatch bands; Chipsets for use with wireless communication apparatuses, consumer electronic devices, smart phones, and wearable mobile computers; Integrated circuits, namely, system basis chips and systems on a chip (SOC); Multiprocessor chipsClass 009 for Mobile phone software applications, downloadable namely, software for playing music, software for games, software for online shopping, software for travel guide, software for communication, software for photograph and software for image processing and transmission; Tablet computers; Smart glasses; Smart watches; Electric navigational instruments; Global positioning system (GPS) apparatus; Smartphones; Mobile phones; Cell phone covers; Cell phone cases; Protective films adapted for mobile phone screens; Wearable smart phones; Stands adapted for mobile phones; Cabinets for loudspeakers; Wireless speakers; Headphones; Wireless earphones; Earphones for cellular telephones; Wireless headsets for smart phones; Selfie sticks for use with smartphones; USB cables; USB cables for cellphones; Power adapters; Batteries, electric; Battery chargers; Wireless chargers; Battery chargers for mobile phones; Virtual reality glasses; Virtual reality headsets; Artificial intelligent speakers in the nature of wireless audio speakers; touch screens for mobile phones; mobile power banks in the nature of rechargeable batteries; Smartwatch bands; Chipsets for use with wireless communication apparatuses, consumer electronic devices, smart phones, and wearable mobile computers; Integrated circuits, namely, system basis chips and systems on a chip (SOC); Multiprocessor 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.

ADDITIONAL STATEMENTS
Translation
The English translation of "VIVO" in the mark is "ALIVE".

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): gokalp@bayramoglu-legal.com; nazly@bayramoglu-legal.com; deniz@bayramoglu-legal.com; david@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: 08/21/2020
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: 88776853
Internet Transmission Date: Fri Aug 21 14:53:12 ET 2020
TEAS Stamp: USPTO/ROA-XXXX:XXXX:XXXX:XXXX:XXXX:XXXX:
XXXX:XXXX-20200821145312517454-88776853-
7407f863c98351bf2a39a86589e79cb9f45d9f83
c82fab5a936c2a2b3d756e1964-N/A-N/A-20200
821143618275381