Response to Office Action

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

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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. 88540885 VOX(Standard Characters, see http://tmng-al.gov.uspto.report/resting2/api/img/88540885/large) has been amended as follows:

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

Please see a written argument attached as a .pdf in the Evidence Section

EVIDENCE
Evidence has been attached: A written response and Exhibit A, copy of the Notice of Allowace for serial no. 90022229
Original PDF file:
evi_9765103130-2021110516 4259815630_._2L41255.PDF
Converted PDF file(s) ( 4 pages) Evidence-1Evidence-2Evidence-3Evidence-4
Original PDF file:
evi_9765103130-2021110516 4259815630_._2L41256.PDF
Converted PDF file(s) ( 3 pages) Evidence-1Evidence-2Evidence-3

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 009 for Downloadable Computer software for emergency assistance; Downloadable Computer software that enables a vehicle to communicate with persons and objects in the vicinity of the vehicle; Downloadable Emergency notification system software; Downloadable Emergency notification system software for providing alerts, push-notifications, and other remote notifications to users; Downloadable Emergency notification system software for accessing a communication network and allowing audio and data communication between users and emergency and support responders; Notification system software for alerting persons, animals, and other objects in the vicinity of the presence of a vehicle by acoustic and vibrational messages; Signaling equipment for motor vehicles for pedestrian safety and communication, namely transmitters of acoustic and vibrational messages; Signaling devices, namely, pedestrian-alerting apparatus in the nature of transmitters of acoustic and vibrational messages; Vehicle devices, namely, signaling system consisting of transmitters of acoustic and vibrational messages, for vehicles
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: Downloadable computer software for emergency assistance; Downloadable Computer software that enables a vehicle to communicate with persons and objects in the vicinity of the vehicle; Downloadable emergency notification system software; Downloadable emergency notification system software for providing alerts, push-notifications, and other remote notifications to users; Downloadable emergency notification system software for accessing a communication network and allowing audio and data communication between users and emergency and support responders; Notification system software for alerting persons, animals, and other objects in the vicinity of the presence of a vehicle by vibrational messages; Notification system software for alerting persons, animals, and other objects in the vicinity of the presence of a vehicle by acoustic and vibrational messages; Signaling equipment for motor vehicles for pedestrian safety and communication, namely transmitters of vibrational messages; Signaling equipment for motor vehicles for pedestrian safety and communication, namely transmitters of acoustic and vibrational messages; Signaling devices, namely, pedestrian-alerting apparatus in the nature of transmitters of vibrational messages; Signaling devices, namely, pedestrian-alerting apparatus in the nature of transmitters of acoustic and vibrational messages; Vehicle devices, namely, signaling system consisting of transmitters of vibrational messages, for vehicles; Vehicle devices, namely, signaling system consisting of transmitters of acoustic and vibrational messages, for vehiclesClass 009 for Downloadable computer software for emergency assistance; Downloadable emergency notification system software; Downloadable emergency notification system software for providing alerts, push-notifications, and other remote notifications to users; Downloadable emergency notification system software for accessing a communication network and allowing audio and data communication between users and emergency and support responders; Notification system software for alerting persons, animals, and other objects in the vicinity of the presence of a vehicle by vibrational messages; Signaling equipment for motor vehicles for pedestrian safety and communication, namely transmitters of vibrational messages; Signaling devices, namely, pedestrian-alerting apparatus in the nature of transmitters of vibrational messages; Vehicle devices, namely, signaling system consisting of transmitters of vibrational messages, for vehicles
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

Correspondence Information (current):
      Rhett V. Barney
      PRIMARY EMAIL FOR CORRESPONDENCE: trademarks@leehayes.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): rhettb@leehayes.com; karig@leehayes.com

The docket/reference number is Z019-2944TMU.
Correspondence Information (proposed):
      Rhett V. Barney
      PRIMARY EMAIL FOR CORRESPONDENCE: trademarks@leehayes.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): rhettb@leehayes.com; karig@leehayes.com

The docket/reference number is Z019-2944TMU.

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: /Rhett Barney/     Date: 11/05/2021
Signatory's Name: Rhett V. Barney
Signatory's Position: Attorney of Record, WA State Bar Member

Signatory's Phone Number: 509-944-4642 Signature method: Sent to third party for signature

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:    Rhett V. Barney
   LEE & HAYES, PC
   
   601 W. RIVERSIDE AVENUE SUITE 1400
   SPOKANE, Washington 99201
Mailing Address:    Rhett V. Barney
   LEE & HAYES, PC
   601 W. RIVERSIDE AVENUE SUITE 1400
   SPOKANE, Washington 99201
        
Serial Number: 88540885
Internet Transmission Date: Fri Nov 05 16:54:19 ET 2021
TEAS Stamp: USPTO/ROA-XX.XX.XXX.XXX-2021110516541927
9196-88540885-7813a4f7430f97d5eddc5b5be3
81c3b867a99f7f449c556d49f6d89551030f57b9
8-N/A-N/A-20211105164259815630