| PTO- 1957 |
| Approved for use through 11/30/2023. OMB 0651-0050 |
U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE
Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number |
Response to Office Action
The table below presents the data as entered.
| PTO- 1957 |
| Approved for use through 11/30/2023. OMB 0651-0050 |
U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE
Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number |
Response to Office Action
To the Commissioner for Trademarks:
Application serial no.
88911959 DIGIT(Standard Characters, see http://uspto.report/TM/88911959/mark.png) has been amended as follows:
CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following:
Current:
Class 009 for Software application for controlling and customizing indoor and outdoor multi-color LED lighting products; Home automation hubs comprised of voice-activated speakers, computer hardware,
and downloadable software for controlling and customizing wifi enabled indoor and outdoor multi-color LED lighting products; Wireless indoor and outdoor speakers; Electronic charging devices
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: Software application for controlling and customizing indoor and outdoor multi-color LED lighting products;
Recorded and/or downloadable software application for controlling and customizing indoor and outdoor multi-color LED lighting products;
Home automation hubs
comprised of voice-activated speakers, computer hardware, and downloadable software for controlling and customizing wifi enabled indoor and outdoor multi-color LED lighting products;
Wireless indoor and outdoor speakers;
Electronic charging devices;
Electronic charging devices for
cell phones, tablets, PCs;
lights for use with computer and video camerasClass 009 for Recorded and/or downloadable software application for controlling
and customizing indoor and outdoor multi-color LED lighting products; Home automation hubs comprised of voice-activated speakers, computer hardware, and downloadable software for controlling and
customizing wifi enabled indoor and outdoor multi-color LED lighting products; Wireless indoor and outdoor speakers; Electronic charging devices for cell phones, tablets, PCs; lights for use with
computer and video cameras
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.
Webpage URL: None Provided
Webpage Date of Access: None Provided
Applicant proposes to amend the following:
Current:
Class 011 for Customizable, voice, application, and wifi controlled indoor and outdoor multi-color LED lighting products; Lights
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 11/13/2019 and first used in commerce at least as early as 11/13/2019 , and
is now in use in such commerce.
Proposed:
Tracked Text Description: Customizable, voice, application, and wifi controlled indoor and outdoor multi-color LED lighting products;
Lights;
Lights, namely, wall lights, ceiling lights and light bulbsClass 011 for Customizable, voice, application, and wifi controlled indoor and
outdoor multi-color LED lighting products; Lights, namely, wall lights, ceiling lights and light bulbs
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 11/13/2019 and first used in commerce at least as early as 11/13/2019 , and
is now in use in such commerce.
Webpage URL: None Provided
Webpage Date of Access: None Provided
Correspondence Information (current):
AMY J BENJAMIN
PRIMARY EMAIL FOR CORRESPONDENCE: trademarks@goldbergcohen.com
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): mcohen@goldbergcohen.com; lwigder@goldbergcohen.comm
Correspondence Information (proposed):
Amy J Benjamin
PRIMARY EMAIL FOR CORRESPONDENCE: trademarks@goldbergcohen.com
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): mcohen@goldbergcohen.com; lwigder@goldbergcohen.comm
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: /amy j benjamin/ Date: 01/19/2021
Signatory's Name: Amy J Benjamin
Signatory's Position: Attorney of Record, NY State Bar
Signatory's Phone Number: 212-673-8350 Signature method: Signed directly within the form
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: AMY J BENJAMIN
GOLDBERG COHEN LLP
3RD FLOOR
1350 AVENUE OF THE AMERICAS
NEW YORK, New York 10019
Mailing Address: Amy J Benjamin
GOLDBERG COHEN LLP
3RD FLOOR
1350 AVENUE OF THE AMERICAS
NEW YORK, New York 10019
Serial Number: 88911959
Internet Transmission Date: Tue Jan 19 14:03:18 ET 2021
TEAS Stamp: USPTO/ROA-XXX.XXX.XX.XXX-202101191403185
36168-88911959-760b9ea4c50b2bae8fbdc48cf
4cdab9324b5cf6dce7559e78af1a3888da5530cb
1c-N/A-N/A-20210119134759033614