Response to Office Action

XSENS

Xsens Holding B.V.

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)

Response to Office Action


The table below presents the data as entered.

Input Field
Entered
SERIAL NUMBER 88975037
LAW OFFICE ASSIGNED LAW OFFICE 121
MARK SECTION
MARK http://uspto.report/TM/88975037/mark.png
LITERAL ELEMENT XSENS
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.
GOODS AND/OR SERVICES SECTION (042)(current)
INTERNATIONAL CLASS 042
DESCRIPTION
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)
        FIRST USE ANYWHERE DATE At least as early as 00/00/2003
        FIRST USE IN COMMERCE DATE At least as early as 00/00/2003
GOODS AND/OR SERVICES SECTION (042)(proposed)
INTERNATIONAL CLASS 042
TRACKED TEXT DESCRIPTION
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; 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, for research purposes; research and development in the field of computer software used to track movement
FINAL DESCRIPTION
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, for research purposes; research and development in the field of computer software used to track movement
FILING BASIS Section 1(a)
       FIRST USE ANYWHERE DATE At least as early as 00/00/2003
       FIRST USE IN COMMERCE DATE At least as early as 00/00/2003
GOODS AND/OR SERVICES SECTION (044)(class added)
INTERNATIONAL CLASS 044
DESCRIPTION
Conducting medical studies 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, for medical diagnostic and treatment purposes
FILING BASIS Section 1(a)
        FIRST USE ANYWHERE DATE At least as early as 00/00/2003
        FIRST USE IN COMMERCE DATE At least as early as 00/00/2003
       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 SPN0-479162194-20190904190100708776_._XSENS_Cl_44.pdf
       CONVERTED PDF FILE(S)
       (5 pages)
\\TICRS\EXPORT17\IMAGEOUT17\889\750\88975037\xml7\ROA0002.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\889\750\88975037\xml7\ROA0003.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\889\750\88975037\xml7\ROA0004.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\889\750\88975037\xml7\ROA0005.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\889\750\88975037\xml7\ROA0006.JPG
       SPECIMEN DESCRIPTION pages from Applicant's website advertising its services
ATTORNEY SECTION (current)
NAME Marsha Stolt, Esq.
ATTORNEY BAR MEMBERSHIP NUMBER NOT SPECIFIED
YEAR OF ADMISSION NOT SPECIFIED
U.S. STATE/ COMMONWEALTH/ TERRITORY NOT SPECIFIED
FIRM NAME MOSS & BARNETT, P.A.
INTERNAL ADDRESS SUITE 1200
STREET 150 SOUTH FIFTH STREET
CITY MINNEAPOLIS
STATE Minnesota
POSTAL CODE 55402
COUNTRY US
PHONE 612-877-5443
FAX 612-877-5999
EMAIL ipmsd@lawmoss.com
AUTHORIZED TO COMMUNICATE VIA EMAIL Yes
DOCKET/REFERENCE NUMBER 51424.016001
ATTORNEY SECTION (proposed)
NAME Marsha Stolt, Esq.
ATTORNEY BAR MEMBERSHIP NUMBER XXX
YEAR OF ADMISSION XXXX
U.S. STATE/ COMMONWEALTH/ TERRITORY XX
FIRM NAME MOSS & BARNETT, P.A.
INTERNAL ADDRESS SUITE 1200
STREET 150 SOUTH FIFTH STREET
CITY MINNEAPOLIS
STATE Minnesota
POSTAL CODE 55402
COUNTRY United States
PHONE 612-877-5443
FAX 612-877-5999
EMAIL ipmsd@lawmoss.com
AUTHORIZED TO COMMUNICATE VIA EMAIL Yes
DOCKET/REFERENCE NUMBER 51424.016001
CORRESPONDENCE SECTION (current)
NAME MARSHA STOLT, ESQ.
FIRM NAME MOSS & BARNETT, P.A.
INTERNAL ADDRESS SUITE 1200
STREET 150 SOUTH FIFTH STREET
CITY MINNEAPOLIS
STATE Minnesota
POSTAL CODE 55402
COUNTRY US
PHONE 612-877-5443
FAX 612-877-5999
EMAIL ipmsd@lawmoss.com; ipmsd@moss-barnett.com
AUTHORIZED TO COMMUNICATE VIA EMAIL Yes
DOCKET/REFERENCE NUMBER 51424.016001
CORRESPONDENCE SECTION (proposed)
NAME Marsha Stolt, Esq.
FIRM NAME MOSS & BARNETT, P.A.
INTERNAL ADDRESS SUITE 1200
STREET 150 SOUTH FIFTH STREET
CITY MINNEAPOLIS
STATE Minnesota
POSTAL CODE 55402
COUNTRY United States
PHONE 612-877-5443
FAX 612-877-5999
EMAIL ipmsd@lawmoss.com; ipmsd@moss-barnett.com
AUTHORIZED TO COMMUNICATE VIA EMAIL Yes
DOCKET/REFERENCE NUMBER 51424.016001
PAYMENT SECTION
NUMBER OF CLASSES 1
APPLICATION FOR REGISTRATION PER CLASS 275
TOTAL FEES DUE 275
SIGNATURE SECTION
DECLARATION SIGNATURE /ms/
SIGNATORY'S NAME Marsha Stolt
SIGNATORY'S POSITION Attorney of Record, Minnesota bar member
SIGNATORY'S PHONE NUMBER 612-877-5443
DATE SIGNED 09/04/2019
RESPONSE SIGNATURE /ms/
SIGNATORY'S NAME Marsha Stolt
SIGNATORY'S POSITION Attorney of Record, Minnesota bar member
SIGNATORY'S PHONE NUMBER 612-877-5443
DATE SIGNED 09/04/2019
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Wed Sep 04 19:16:31 EDT 2019
TEAS STAMP USPTO/ROA-X.XX.XXX.XXX-20
190904191631761025-889750
37-610b71f6233cf9017318ee
3427b2f1885a2fc1f3a295d47
26721a19d1eba88bdb-DA-163
15913-2019090419010070877
6



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:

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, 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: For all applications: The mark is in use in commerce and was in use in commerce as of the application filing date. The provided specimen shows the mark in use in commerce (see specimen statement below). For a collective trademark, collective service mark, collective membership mark, 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 application filing date. 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. 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, 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, for research purposes; research and development in the field of computer software used to track movementClass 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, for research purposes; research and development in the field of computer software used to track movement
Filing Basis: Section 1(a), Use in Commerce:For all applications: The mark is in use in commerce and was in use in commerce as of the application filing date. The provided specimen shows the mark in use in commerce (see specimen statement below). For a collective trademark, collective service mark, collective membership mark, 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 application filing date. 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. 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.
Applicant hereby adds the following class of goods/services to the application:
New: Class 044 for Conducting medical studies 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, for medical diagnostic and treatment purposes
Filing Basis: Section 1(a), Use in Commerce: For all applications: The mark is in use in commerce and was in use in commerce as of the application filing date. The provided specimen shows the mark in use in commerce (see specimen statement below). For a collective trademark, collective service mark, collective membership mark, 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 application filing date. 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. 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.
Applicant hereby submits a specimen for Class 044 . The specimen(s) submitted consists of pages from Applicant's website advertising its services .
"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:
SPN0-479162194-20190904190100708776_._XSENS_Cl_44.pdf
Converted PDF file(s) ( 5 pages)
Specimen File1
Specimen File2
Specimen File3
Specimen File4
Specimen File5

The applicant's current attorney information: Marsha Stolt, Esq.. Marsha Stolt, Esq. of MOSS & BARNETT, P.A., is located at

      SUITE 1200
      150 SOUTH FIFTH STREET
      MINNEAPOLIS, Minnesota 55402
      US
The docket/reference number is 51424.016001.

The phone number is 612-877-5443.

The fax number is 612-877-5999.

The email address is ipmsd@lawmoss.com

The applicants proposed attorney information: Marsha Stolt, Esq.. Marsha Stolt, Esq. of MOSS & BARNETT, P.A., is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      SUITE 1200
      150 SOUTH FIFTH STREET
      MINNEAPOLIS, Minnesota 55402
      United States
The docket/reference number is 51424.016001.

The phone number is 612-877-5443.

The fax number is 612-877-5999.

The email address is ipmsd@lawmoss.com

Marsha Stolt, Esq. submitted the following statement: The attorney of record is an active member in good standing of the bar of the highest court of a U.S. state, the District of Columbia, or any U.S. Commonwealth or territory.
The applicant's current correspondence information: MARSHA STOLT, ESQ.. MARSHA STOLT, ESQ. of MOSS & BARNETT, P.A., is located at

      SUITE 1200
      150 SOUTH FIFTH STREET
      MINNEAPOLIS, Minnesota 55402
      US
The docket/reference number is 51424.016001.

The phone number is 612-877-5443.

The fax number is 612-877-5999.

The email address is ipmsd@lawmoss.com; ipmsd@moss-barnett.com

The applicants proposed correspondence information: Marsha Stolt, Esq.. Marsha Stolt, Esq. of MOSS & BARNETT, P.A., is located at

      SUITE 1200
      150 SOUTH FIFTH STREET
      MINNEAPOLIS, Minnesota 55402
      United States
The docket/reference number is 51424.016001.

The phone number is 612-877-5443.

The fax number is 612-877-5999.

The email address is ipmsd@lawmoss.com; ipmsd@moss-barnett.com

FEE(S)
Fee(s) in the amount of $275 is being submitted.

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: /ms/      Date: 09/04/2019
Signatory's Name: Marsha Stolt
Signatory's Position: Attorney of Record, Minnesota bar member
Signatory's Phone Number: 612-877-5443


Response Signature
Signature: /ms/     Date: 09/04/2019
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 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:    MARSHA STOLT, ESQ.
   MOSS & BARNETT, P.A.
   SUITE 1200
   150 SOUTH FIFTH STREET
   MINNEAPOLIS, Minnesota 55402
Mailing Address:    Marsha Stolt, Esq.
   MOSS & BARNETT, P.A.
   SUITE 1200
   150 SOUTH FIFTH STREET
   MINNEAPOLIS, Minnesota 55402
        
RAM Sale Number: 88975037
RAM Accounting Date: 09/04/2019
        
Serial Number: 88975037
Internet Transmission Date: Wed Sep 04 19:16:31 EDT 2019
TEAS Stamp: USPTO/ROA-X.XX.XXX.XXX-20190904191631761
025-88975037-610b71f6233cf9017318ee3427b
2f1885a2fc1f3a295d4726721a19d1eba88bdb-D
A-16315913-20190904190100708776


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