Response to Office Action

MIRAGE

percipient.ai, Inc.

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 09/30/2020)

Response to Office Action


The table below presents the data as entered.

Input Field
Entered
SERIAL NUMBER 88783562
LAW OFFICE ASSIGNED LAW OFFICE 127
MARK SECTION
MARK mark
LITERAL ELEMENT MIRAGE
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.
OWNER SECTION (current)
NAME percipient.ai, Inc.
MAILING ADDRESS 3975 Freedom Cir., Suite 850
CITY Santa Clara
STATE California
ZIP/POSTAL CODE 95054
COUNTRY/REGION/JURISDICTION/U.S. TERRITORY United States
PHONE 669-777-5525
EMAIL XXXX
OWNER SECTION (proposed)
NAME percipient.ai, Inc.
MAILING ADDRESS 3975 Freedom Cir., Suite 850
CITY Santa Clara
STATE California
ZIP/POSTAL CODE 95054
COUNTRY/REGION/JURISDICTION/U.S. TERRITORY United States
PHONE 669-777-5525
EMAIL XXXX
GOODS AND/OR SERVICES SECTION (current)
INTERNATIONAL CLASS 009
DESCRIPTION
Downloadable computer programs using artificial intelligence for analysis of full motion video, geo-spatial intelligence, and multi-source intelligence data in the filed of artificial intelligence as applied to national security ; Downloadable computer software using artificial intelligence for analysis of full motion video, geo-spatial intelligence, and multi-source intelligence data in the filed of artificial intelligence as applied to national security ; Downloadable pattern recognition software for analysis of full motion video, geo-spatial intelligence, and multi-source intelligence data in the filed of artificial intelligence as applied to national security
FILING BASIS Section 1(a)
        FIRST USE ANYWHERE DATE At least as early as 02/10/2017
        FIRST USE IN COMMERCE DATE At least as early as 02/10/2017
GOODS AND/OR SERVICES SECTION (proposed)
INTERNATIONAL CLASS 009
TRACKED TEXT DESCRIPTION
Downloadable computer programs using artificial intelligence for analysis of full motion video, geo-spatial intelligence, and multi-source intelligence data in the filed of artificial intelligence as applied to national security?; Downloadable computer programs using artificial intelligence for analysis of full motion video, geo-spatial intelligence, and multi-source intelligence data in the field of artificial intelligence as applied to national security; Downloadable computer software using artificial intelligence for ?? analysis of full motion video, geo-spatial intelligence, and multi-source intelligence data in the filed of artificial intelligence as applied to national security?; Downloadable computer software using artificial intelligence for analysis of full motion video, geo-spatial intelligence, and multi-source intelligence data in the field of artificial intelligence as applied to national security; Downloadable pattern recognition software for analysis of full motion video, geo-spatial intelligence, and multi-source intelligence data in the filed of artificial intelligence as applied to national security; Downloadable pattern recognition software for analysis of full motion video, geo-spatial intelligence, and multi-source intelligence data in the field of artificial intelligence as applied to national security
FINAL DESCRIPTION
Downloadable computer programs using artificial intelligence for analysis of full motion video, geo-spatial intelligence, and multi-source intelligence data in the field of artificial intelligence as applied to national security; Downloadable computer software using artificial intelligence for analysis of full motion video, geo-spatial intelligence, and multi-source intelligence data in the field of artificial intelligence as applied to national security; Downloadable pattern recognition software for analysis of full motion video, geo-spatial intelligence, and multi-source intelligence data in the field of artificial intelligence as applied to national security
FILING BASIS Section 1(a)
       FIRST USE ANYWHERE DATE At least as early as 02/10/2017
       FIRST USE IN COMMERCE DATE At least as early as 02/10/2017
       STATEMENT TYPE "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 FILE NAME(S)
       ORIGINAL PDF FILE SPU0-6810764169-202010161 45754017823_._Screen_Shot _2020-01-08_at_5.22.44_PM.pdf
       CONVERTED PDF FILE(S)
       (1 page)
\\TICRS\EXPORT18\IMAGEOUT 18\887\835\88783562\xml3\ ROA0002.JPG
       SPECIMEN DESCRIPTION A capture of the log-in screen for Percipient.ai?s Mirage computer software, showing the Mirage name in both the upper left corner of the log-in screen as well as in the open dialogue box.
CORRESPONDENCE INFORMATION (current)
NAME JOHN S. KYLE
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE jkyle@klhipbiz.com
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) NOT PROVIDED
CORRESPONDENCE INFORMATION (proposed)
NAME John S. Kyle
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE jkyle@klhipbiz.com
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) cchristensen@klhipbiz.com
SIGNATURE SECTION
DECLARATION SIGNATURE /Balan Ayyar/
SIGNATORY'S NAME Balan Ayyar
SIGNATORY'S POSITION CEO
SIGNATORY'S PHONE NUMBER 5713957288
DATE SIGNED 10/16/2020
RESPONSE SIGNATURE /John S. Kyle/
SIGNATORY'S NAME John S. Kyle
SIGNATORY'S POSITION Attorney of record
SIGNATORY'S PHONE NUMBER 6198717104
DATE SIGNED 10/16/2020
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Fri Oct 16 15:46:17 ET 2020
TEAS STAMP USPTO/ROA-XX.XXX.XX.XXX-2
0201016154617142518-88783
562-7502f4d3536e62c7da882
b66b40a2b4cb6db2cd1c53b07
c4aa69f98577d8adf5d-N/A-N
/A-20201016145754017823



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 09/30/2020)

Response to Office Action


To the Commissioner for Trademarks:

Application serial no. 88783562 MIRAGE(Standard Characters, see http://uspto.report/TM/88783562/mark.png) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 009 for Downloadable computer programs using artificial intelligence for analysis of full motion video, geo-spatial intelligence, and multi-source intelligence data in the filed of artificial intelligence as applied to national security ; Downloadable computer software using artificial intelligence for analysis of full motion video, geo-spatial intelligence, and multi-source intelligence data in the filed of artificial intelligence as applied to national security ; Downloadable pattern recognition software for analysis of full motion video, geo-spatial intelligence, and multi-source intelligence data in the filed of artificial intelligence as applied to national security
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 02/10/2017 and first used in commerce at least as early as 02/10/2017 , and is now in use in such commerce.


Proposed:

Tracked Text Description: Downloadable computer programs using artificial intelligence for analysis of full motion video, geo-spatial intelligence, and multi-source intelligence data in the filed of artificial intelligence as applied to national security?; Downloadable computer programs using artificial intelligence for analysis of full motion video, geo-spatial intelligence, and multi-source intelligence data in the field of artificial intelligence as applied to national security; Downloadable computer software using artificial intelligence for ?? analysis of full motion video, geo-spatial intelligence, and multi-source intelligence data in the filed of artificial intelligence as applied to national security?; Downloadable computer software using artificial intelligence for analysis of full motion video, geo-spatial intelligence, and multi-source intelligence data in the field of artificial intelligence as applied to national security; Downloadable pattern recognition software for analysis of full motion video, geo-spatial intelligence, and multi-source intelligence data in the filed of artificial intelligence as applied to national security; Downloadable pattern recognition software for analysis of full motion video, geo-spatial intelligence, and multi-source intelligence data in the field of artificial intelligence as applied to national securityClass 009 for Downloadable computer programs using artificial intelligence for analysis of full motion video, geo-spatial intelligence, and multi-source intelligence data in the field of artificial intelligence as applied to national security; Downloadable computer software using artificial intelligence for analysis of full motion video, geo-spatial intelligence, and multi-source intelligence data in the field of artificial intelligence as applied to national security; Downloadable pattern recognition software for analysis of full motion video, geo-spatial intelligence, and multi-source intelligence data in the field of artificial intelligence as applied to national security
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 02/10/2017 and first used in commerce at least as early as 02/10/2017 , 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 A capture of the log-in screen for Percipient.ai?s Mirage computer software, showing the Mirage name in both the upper left corner of the log-in screen as well as in the open dialogue box..
"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].
Original PDF file:
SPU0-6810764169-202010161 45754017823_._Screen_Shot _2020-01-08_at_5.22.44_PM.pdf
Converted PDF file(s) ( 1 page) Specimen File1

OWNER AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: percipient.ai, Inc., a corporation of Delaware, having an address of
      3975 Freedom Cir., Suite 850
      Santa Clara, California 95054
      United States
      Email Address: XXXX
      669-777-5525
Proposed: percipient.ai, Inc., a corporation of Delaware, having an address of
      3975 Freedom Cir., Suite 850
      Santa Clara, California 95054
      United States
      Email Address: XXXX
      669-777-5525
Correspondence Information (current):
      JOHN S. KYLE
      PRIMARY EMAIL FOR CORRESPONDENCE: jkyle@klhipbiz.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED
Correspondence Information (proposed):
      John S. Kyle
      PRIMARY EMAIL FOR CORRESPONDENCE: jkyle@klhipbiz.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): cchristensen@klhipbiz.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)
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: /Balan Ayyar/      Date: 10/16/2020
Signatory's Name: Balan Ayyar
Signatory's Position: CEO
Signatory's Phone Number: 5713957288


Response Signature
Signature: /John S. Kyle/     Date: 10/16/2020
Signatory's Name: John S. Kyle
Signatory's Position: Attorney of record

Signatory's Phone Number: 6198717104

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:    JOHN S. KYLE
   KYLE HARRIS LLP
   
   450 B ST, SUITE 1410
   SAN DIEGO, California 92101
Mailing Address:    John S. Kyle
   KYLE HARRIS LLP
   450 B ST, SUITE 1410
   SAN DIEGO, California 92101
        
Serial Number: 88783562
Internet Transmission Date: Fri Oct 16 15:46:17 ET 2020
TEAS Stamp: USPTO/ROA-XX.XXX.XX.XXX-2020101615461714
2518-88783562-7502f4d3536e62c7da882b66b4
0a2b4cb6db2cd1c53b07c4aa69f98577d8adf5d-
N/A-N/A-20201016145754017823


Response to Office Action [image/jpeg]


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