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. 88975037 XSENS(Standard Characters, see http://uspto.report/TM/88975037/mark.png) has been amended as follows:

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

Please see the actual argument text attached within the Evidence section.

EVIDENCE
Evidence in the nature of a pdf version of Applicant's arguments in Response to refusal under Secton 2(d) and three exhibits consisting of printouts from websites has been attached.
Original PDF file:
evi_479162194-20190711165550881770_._Response_re_XSENS_mark_in_Class_42.pdf
Converted PDF file(s) ( 5 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Original PDF file:
evi_479162194-20190711165550881770_._Exhibit_A.pdf
Converted PDF file(s) ( 4 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Original PDF file:
evi_479162194-20190711165550881770_._Exhibit_B.pdf
Converted PDF file(s) ( 3 pages)
Evidence-1
Evidence-2
Evidence-3
Original PDF file:
evi_479162194-20190711165550881770_._Exhibit_C.pdf
Converted PDF file(s) ( 1 page)
Evidence-1

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 042 for Conducting scientific, technological and medical studies, research, design, development and consultancy related to scientific, technological and medical studies, research design and development, all in the field of motion capture, measurement of motion, orientation and position, computation of body posture, editing of body posture, analysis of body posture and visualization of body posture; research and development in the field of computer software used to track movement
Original Filing Basis:
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 00/00/2003 and first used in commerce at least as early as 00/00/2003 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Conducting scientific, technological and medical studies, research, design, development and consultancy related to scientific, technological and medical studies, research design and development, all in the field of motion capture, measurement of motion, orientation and position, computation of body posture, editing of body posture, analysis of body posture and visualization of body posture; Conducting scientific, technological and medical studies, research, design, development and consultancy, all in the field of motion capture, measurement of motion, orientation and position, computation of body posture, editing of body posture, analysis of body posture and visualization of body posture; research and development in the field of computer software used to track movement; research and development in the field of computer software used to track movement.Class 042 for Conducting scientific, technological and medical studies, research, design, development and consultancy, all in the field of motion capture, measurement of motion, orientation and position, computation of body posture, editing of body posture, analysis of body posture and visualization of body posture; research and development in the field of computer software used to track movement.
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 00/00/2003 and first used in commerce at least as early as 00/00/2003 , and is now in use in such commerce.
SIGNATURE(S)
Response Signature
Signature: /ms/     Date: 07/11/2019
Signatory's Name: Marsha Stolt
Signatory's Position: Attorney of Record, Minnesota bar member

Signatory's Phone Number: 612-877-5443

The signatory has confirmed that he/she is an attorney who is a member in good standing of the bar of the highest court of a U.S. state, which includes the District of Columbia, Puerto Rico, and other federal territories and possessions; 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. attorney or a Canadian attorney/agent not currently associated with his/her company/firm previously represented the owner/holder in this matter: (1) the owner/holder has filed or is concurrently filing a signed revocation of or substitute power of attorney with the USPTO; (2) the USPTO has granted the request of the prior representative to withdraw; (3) the owner/holder has filed a power of attorney appointing him/her in this matter; or (4) the owner's/holder's appointed U.S. attorney or Canadian attorney/agent has filed a power of attorney appointing him/her as an associate attorney in this matter.

        
Serial Number: 88975037
Internet Transmission Date: Thu Jul 11 17:11:22 EDT 2019
TEAS Stamp: USPTO/ROA-X.XX.XXX.XXX-20190711171122488
492-88975037-620e5d7a92074d9d63b48484614
2b103062a4209e904ae3bc826472b27163e4ec6f
-N/A-N/A-20190711165550881770