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. 88742796 MOXIE (Stylized and/or with Design, see http://tmng-al.uspto.gov /resting2/api/img/8874279 6/large) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 009 for Teaching and companion robots for childhood development use and structural parts therefor; Tactical robots for childhood development use and structural parts therefor; Humanoid robots with artificial intelligence, for childhood development use and structural parts therefor; personal robot accessories in the nature of charging docks and mobile bases; computing devices in the nature of computers and computer application software to remotely control robots; downloadable computer software and computer application software for controlling, programming, and interfacing with personal robots and digital companions; downloadable computer software and computer application software for telepresence conferencing and management including personal robots or digital companions; downloadable computer software and computer application software that allows personal robots to control and interface with other electronic devices; downloadable computer software and computer application software that allows personal robots to interface with other computers, robots, databases, networks, online services, or mobile services
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: Teaching and companion robots for childhood development use and structural parts therefor; Tactical robots for childhood development use and structural parts therefor; Humanoid robots with artificial intelligence, for childhood development use and structural parts therefor; personal robot accessories in the nature of charging docks and mobile bases; computing devices in the nature of computers and computer application software to remotely control robots; computing devices in the nature of computers and downloadable computer application software to remotely control robots; downloadable computer software and computer application software for controlling, programming, and interfacing with personal robots and digital companions; downloadable computer software and computer application software for telepresence conferencing and management including personal robots or digital companions; downloadable computer software and computer application software that allows personal robots to control and interface with other electronic devices; downloadable computer software and computer application software that allows personal robots to interface with other computers, robots, databases, networks, online services, or mobile servicesClass 009 for Teaching and companion robots for childhood development use and structural parts therefor; Tactical robots for childhood development use and structural parts therefor; Humanoid robots with artificial intelligence, for childhood development use and structural parts therefor; personal robot accessories in the nature of charging docks and mobile bases; computing devices in the nature of computers and downloadable computer application software to remotely control robots; downloadable computer software and computer application software for controlling, programming, and interfacing with personal robots and digital companions; downloadable computer software and computer application software for telepresence conferencing and management including personal robots or digital companions; downloadable computer software and computer application software that allows personal robots to control and interface with other electronic devices; downloadable computer software and computer application software that allows personal robots to interface with other computers, robots, databases, networks, online services, or mobile services
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.

Applicant proposes to amend the following:

Current:
Class 010 for Medical robots in the nature of companion robots, tactical robots, and humanoid robots with artificial intelligence, for personal wellness and therapeutic purposes
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: Medical robots in the nature of companion robots, tactical robots, and humanoid robots with artificial intelligence, for personal wellness and therapeutic purposes; Medical robots in the nature of companion robots and humanoid robots with artificial intelligence for personal wellness, namely, for use in social, cognitive, and emotional therapy, including conversational skills, emotional intelligence, emotion regulation, friendship skills and problem solvingClass 010 for Medical robots in the nature of companion robots and humanoid robots with artificial intelligence for personal wellness, namely, for use in social, cognitive, and emotional therapy, including conversational skills, emotional intelligence, emotion regulation, friendship skills and problem solving
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.

OWNER AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: Embodied, Inc., a corporation of Delaware, having an address of
      385 E. Colorado Blvd., Suite 110
      Pasadena, California 91101
      United States
      Email Address: XXXX

Proposed: Embodied, Inc., a corporation of Delaware, having an address of
      385 E. Colorado Blvd., Suite 110
      Pasadena, California 91101
      United States
      Email Address: XXXX
Correspondence Information (current):
      MARK R. KENDRICK
      PRIMARY EMAIL FOR CORRESPONDENCE: mkendrick852001@gmail.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

The docket/reference number is EMBODIED19.
Correspondence Information (proposed):
      Mark R. Kendrick
      PRIMARY EMAIL FOR CORRESPONDENCE: mkendrick852001@gmail.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

The docket/reference number is EMBODIED19.

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: /Mark R. Kendrick/     Date: 05/21/2020
Signatory's Name: Mark R. Kendrick
Signatory's Position: Attorney of Record, California Bar Member

Signatory's Phone Number: 818 941-8604

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:    MARK R. KENDRICK
   KENDRICK INTELLECTUAL PROPERTY LAW
   
   4127 WOODCLIFF ROAD
   SHERMAN OAKS, California 91403
Mailing Address:    Mark R. Kendrick
   KENDRICK INTELLECTUAL PROPERTY LAW
   4127 WOODCLIFF ROAD
   SHERMAN OAKS, California 91403
        
Serial Number: 88742796
Internet Transmission Date: Thu May 21 21:43:31 ET 2020
TEAS Stamp: USPTO/ROA-XXXX:XXXX:XXXX:XXXX:XXXX:XXXX:
XXXX:XXXX-20200521214331236072-88742796-
710ad972fce1e158545f2ebc09287a7503ccc69c
571893e4898055112e56b117c2-N/A-N/A-20200
521213235796720