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.
Input Field
|
Entered
|
SERIAL NUMBER |
90501488 |
LAW OFFICE ASSIGNED |
LAW OFFICE 112 |
MARK SECTION |
MARK FILE NAME |
http://uspto.report/TM/90501488/mark.png |
LITERAL ELEMENT |
NEO |
STANDARD CHARACTERS |
NO |
USPTO-GENERATED IMAGE |
NO |
DESCRIPTION OF THE MARK
(and Color Location, if applicable) |
The mark consists of the word "NEO" next to a drawing of the single quotation mark. |
EVIDENCE SECTION |
EVIDENCE FILE NAME(S) |
ORIGINAL PDF FILE |
evi_3810515990-2022030209 2448034792_._90501488_220
302_Response_to_OA.pdf |
CONVERTED PDF FILE(S)
(2 pages) |
\\TICRS\EXPORT18\IMAGEOUT 18\905\014\90501488\xml8\ ROA0002.JPG |
|
\\TICRS\EXPORT18\IMAGEOUT 18\905\014\90501488\xml8\ ROA0003.JPG |
DESCRIPTION OF EVIDENCE FILE |
Arguments |
GOODS AND/OR SERVICES SECTION (009) (current) |
INTERNATIONAL CLASS |
009 |
DESCRIPTION |
Smart watches; smartphones in the shape of a watch; watches and watchbands that communicate data to smartphones or other electronic
devices; wearable communications apparatus; wearable communications devices in the form of wristwatches; downloadable application software for use with wearable electronic devices; wearable location
trackers; wearable activity trackers; electronic positioning apparatus; electronic devices used to locate articles, people or animals employing a cellular communications network; computer games for
use with wearable electronic devices; computer games software for use with wearable electronic devices; computer, electronic and video games software, including downloadable games software for use
with wearable electronic devices |
FILING BASIS |
Section 1(b) |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
81068 |
FOREIGN APPLICATION COUNTRY/REGION/JURISDICTION/U.S. TERRITORY |
Jamaica |
FOREIGN FILING DATE |
07/31/2020 |
GOODS AND/OR SERVICES SECTION (009) (proposed) |
INTERNATIONAL CLASS |
009 |
TRACKED TEXT DESCRIPTION |
Smart watches; smartphones in the shape of a watch; watches and watchbands that communicate data to smartphones or other electronic devices; smart watches and smart watchbands that communicate data to
smartphones or other electronic devices; wearable communications apparatus; wearable communications apparatus, namely,
wearable communications apparatus for transmission, reception and processing of communications signals and data; wearable communications devices in the form of
wristwatches; wearable communications devices in the form of smart wristwatches; downloadable application software for
use with wearable electronic devices; downloadable application software for alerts, calls, messages and tracking users' location data for use with wearable
electronic devices, namely smartwatches, smart watchbands and wearable activity trackers; wearable location trackers; wearable location trackers in the nature of in the nature of smart watches and smart wristbands; wearable location trackers, namely wearable electronic
devices for tracking and locating articles, people or animals employing radio frequency, global positioning systems (GPS), wireless internet communications or cellular communication networks;
electronic positioning apparatus; wearable activity trackers; electronic positioning apparatus in
the nature of electronic radio frequency positioning apparatus, global positioning system (GPS) apparatus and cellular communications positioning apparatus; computer games for use with wearable electronic devices; electronic devices used to locate articles, people or animals employing a cellular communications
network; computer games software for use with wearable electronic devices; downloadable application software for
alerts, calls, messages and tracking users' location data for use with wearable electronic devices, namely smartwatches, smart watchbands and wearable activity trackers; computer, electronic and video games software, including downloadable games software for use with wearable electronic devices; recorded computer
games software for use with wearable electronic devices; downloadable computer, electronic, and video games software for use with wearable electronic
devices; downloadable games software for use with wearable electronic devices |
FINAL DESCRIPTION |
Smart watches; smartphones in the shape of a watch; smart watches and smart watchbands that communicate data to smartphones or other
electronic devices; wearable communications apparatus, namely, wearable communications apparatus for transmission, reception and processing of communications signals and data; wearable communications
devices in the form of smart wristwatches; downloadable application software for alerts, calls, messages and tracking users' location data for use with wearable electronic devices, namely
smartwatches, smart watchbands and wearable activity trackers; wearable location trackers in the nature of in the nature of smart watches and smart wristbands; wearable location trackers, namely
wearable electronic devices for tracking and locating articles, people or animals employing radio frequency, global positioning systems (GPS), wireless internet communications or cellular
communication networks; wearable activity trackers; electronic positioning apparatus in the nature of electronic radio frequency positioning apparatus, global positioning system (GPS) apparatus and
cellular communications positioning apparatus; electronic devices used to locate articles, people or animals employing a cellular communications network; downloadable application software for alerts,
calls, messages and tracking users' location data for use with wearable electronic devices, namely smartwatches, smart watchbands and wearable activity trackers; recorded computer games software for
use with wearable electronic devices; downloadable computer, electronic, and video games software for use with wearable electronic devices; downloadable games software for use with wearable
electronic devices |
WEBPAGE URL |
None Provided |
WEBPAGE DATE OF ACCESS |
None Provided |
FILING BASIS |
Section 1(b) |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
81068 |
FOREIGN APPLICATION COUNTRY/REGION/JURISDICTION/U.S. TERRITORY |
Jamaica |
FOREIGN FILING DATE |
07/31/2020 |
INTENT TO
PERFECT 44(d)
|
At this time, the applicant intends to rely on Section 44(e) as a basis for registration. If ultimately the applicant does not rely on Section
44(e) as a basis for registration, a valid claim of priority may be retained. |
GOODS AND/OR SERVICES SECTION (038) (current) |
INTERNATIONAL CLASS |
038 |
DESCRIPTION |
Cellular communications services; data transfer by means of telecommunications; transmission of data from and to smart watches,
smartphones, wearable communications apparatus, wearable communications devices, wearable location trackers, wearable activity trackers and electronic devices used to locate articles, people or
animals employing a cellular communications network |
FILING BASIS |
Section 1(b) |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
81068 |
FOREIGN APPLICATION COUNTRY/REGION/JURISDICTION/U.S. TERRITORY |
Jamaica |
FOREIGN FILING DATE |
07/31/2020 |
GOODS AND/OR SERVICES SECTION (038) (proposed) |
INTERNATIONAL CLASS |
038 |
DESCRIPTION |
Cellular communications services; data transfer by means of telecommunications; transmission of data from and to smart watches,
smartphones, wearable communications apparatus, wearable communications devices, wearable location trackers, wearable activity trackers and electronic devices used to locate articles, people or
animals employing a cellular communications network |
WEBPAGE URL |
None Provided |
WEBPAGE DATE OF ACCESS |
None Provided |
FILING BASIS |
Section 1(b) |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
81068 |
FOREIGN APPLICATION COUNTRY/REGION/JURISDICTION/U.S. TERRITORY |
Jamaica |
FOREIGN FILING DATE |
07/31/2020 |
INTENT TO
PERFECT 44(d)
|
At this time, the applicant intends to rely on Section 44(e) as a basis for registration. If ultimately the applicant does not rely on Section
44(e) as a basis for registration, a valid claim of priority may be retained. |
GOODS AND/OR SERVICES SECTION (042) (current) |
INTERNATIONAL CLASS |
042 |
DESCRIPTION |
Encryption, decryption and authentication of information, messages and data from electronic trackers; data conversion of electronic
information from electronic trackers; creating, maintaining and updating databases of traffic and travel information; providing temporary use of non-downloadable cloud-based telematics software;
providing temporary use of non-downloadable cloud-based software for use with haptic sensors; testing services for alarm and monitoring systems; design and development of personal alarms, pagers and
panic buttons and response systems and related software; providing online non-downloadable software in the field of personal safety and security; providing online non-downloadable software in the
field of GPS navigation and tracking; providing weather forecasting, reporting and information services; providing online non-downloadable software for use with personal alarm, paging or electronic
messaging and response systems |
FILING BASIS |
Section 1(b) |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
81068 |
FOREIGN APPLICATION COUNTRY/REGION/JURISDICTION/U.S. TERRITORY |
Jamaica |
FOREIGN FILING DATE |
07/31/2020 |
GOODS AND/OR SERVICES SECTION (042) (proposed) |
INTERNATIONAL CLASS |
042 |
TRACKED TEXT DESCRIPTION |
Encryption, decryption and authentication of information, messages and data from electronic
trackers; Encryption, decryption, and authentication of information, messages, and data from electronic trackers; data conversion of
electronic information from electronic trackers; creating, maintaining and updating databases of traffic and travel information; creating, maintaining and updating databases, namely, database development services for traffic and travel information; providing temporary use of
non-downloadable cloud-based telematics software; providing temporary use of non-downloadable cloud-based telematics software, namely, telematics software for
tracking and locating articles, people or animals; providing temporary use of non-downloadable cloud-based software for use with haptic sensors;
providing temporary use of non-downloadable cloud-based telematics software, namely, telematics software for the transmission, storage, and sharing of data and
information; providing temporary use of non-downloadable cloud-based software for operating equipment using touch for use with haptic sensors;
testing services for alarm and monitoring systems; providing online non-downloadable software in the field of personal safety and
security; design and development of personal alarms, pagers and panic buttons and response systems and related software; providing
online non-downloadable software in the field of GPS navigation and tracking; providing online non-downloadable software for facilitating communications,
providing alerts and tracking users' location data in the field of personal safety and security; providing weather forecasting, reporting and information
services; providing online non-downloadable software for facilitating communications, providing alerts and tracking users' location data in the field of GPS
navigation and tracking; providing online non-downloadable software for use with personal alarm, paging or electronic messaging and response systems;
providing online non-downloadable software for providing alerts and tracking users' location data for use with personal alarm, paging or electronic messaging and
response systems |
FINAL DESCRIPTION |
Encryption, decryption, and authentication of information, messages, and data from electronic trackers; data conversion of electronic
information from electronic trackers; creating, maintaining and updating databases, namely, database development services for traffic and travel information; providing temporary use of
non-downloadable cloud-based telematics software, namely, telematics software for tracking and locating articles, people or animals; providing temporary use of non-downloadable cloud-based telematics
software, namely, telematics software for the transmission, storage, and sharing of data and information; providing temporary use of non-downloadable cloud-based software for operating equipment
using touch for use with haptic sensors; testing services for alarm and monitoring systems; design and development of personal alarms, pagers and panic buttons and response systems and related
software; providing online non-downloadable software for facilitating communications, providing alerts and tracking users' location data in the field of personal safety and security; providing online
non-downloadable software for facilitating communications, providing alerts and tracking users' location data in the field of GPS navigation and tracking; providing online non-downloadable software
for providing alerts and tracking users' location data for use with personal alarm, paging or electronic messaging and response systems |
WEBPAGE URL |
None Provided |
WEBPAGE DATE OF ACCESS |
None Provided |
FILING BASIS |
Section 1(b) |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
81068 |
FOREIGN APPLICATION COUNTRY/REGION/JURISDICTION/U.S. TERRITORY |
Jamaica |
FOREIGN FILING DATE |
07/31/2020 |
INTENT TO
PERFECT 44(d)
|
At this time, the applicant intends to rely on Section 44(e) as a basis for registration. If ultimately the applicant does not rely on Section
44(e) as a basis for registration, a valid claim of priority may be retained. |
GOODS AND/OR SERVICES SECTION (045) (current) |
INTERNATIONAL CLASS |
045 |
DESCRIPTION |
Location services using data from electronic tracking devices; goods location services using data from electronic tracking devices;
person location services using data from electronic tracking devices; animal location services using data from electronic tracking devices; tracking of property, vehicles, animals and persons using
data from electronic tracking devices |
FILING BASIS |
Section 1(b) |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
81068 |
FOREIGN APPLICATION COUNTRY/REGION/JURISDICTION/U.S. TERRITORY |
Jamaica |
FOREIGN FILING DATE |
07/31/2020 |
GOODS AND/OR SERVICES SECTION (045) (proposed) |
INTERNATIONAL CLASS |
045 |
TRACKED TEXT DESCRIPTION |
Location services using data from electronic tracking devices; Location services, namely, tracking and locating individuals, animals and objects for personal safety and security purposes, using data from electronic tracking devices; goods location services using data from electronic tracking devices; goods location services, namely, locating and monitoring missing
property, using data from electronic tracking devices; person location services using data from electronic tracking devices; person location services, namely, tracking and locating individuals for personal safety and security purposes, using data from electronic tracking devices; animal location services using data from electronic tracking devices; animal location services, namely, tracking, locating and monitoring services for
recovering lost animals and for safety and security purposes, using data from electronic tracking devices; tracking of property, vehicles, animals and persons
using data from electronic tracking devices; tracking of missing or absent property, vehicles, animals, and persons for the purpose of protecting property,
animals and individuals using data from electronic tracking devices |
FINAL DESCRIPTION |
Location services, namely, tracking and locating individuals, animals and objects for personal safety and security purposes, using data
from electronic tracking devices; goods location services, namely, locating and monitoring missing property, using data from electronic tracking devices; person location services, namely, tracking
and locating individuals for personal safety and security purposes, using data from electronic tracking devices; animal location services, namely, tracking, locating and monitoring services for
recovering lost animals and for safety and security purposes, using data from electronic tracking devices; tracking of missing or absent property, vehicles, animals, and persons for the purpose of
protecting property, animals and individuals using data from electronic tracking devices |
WEBPAGE URL |
None Provided |
WEBPAGE DATE OF ACCESS |
None Provided |
FILING BASIS |
Section 1(b) |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
81068 |
FOREIGN APPLICATION COUNTRY/REGION/JURISDICTION/U.S. TERRITORY |
Jamaica |
FOREIGN FILING DATE |
07/31/2020 |
INTENT TO
PERFECT 44(d)
|
At this time, the applicant intends to rely on Section 44(e) as a basis for registration. If ultimately the applicant does not rely on Section
44(e) as a basis for registration, a valid claim of priority may be retained. |
ADDITIONAL STATEMENTS SECTION |
DESCRIPTION OF THE MARK
(and Color Location, if applicable) |
The mark consists of the stylized wording "NEO" next to a design of a single quotation mark inside of a circle. |
CORRESPONDENCE INFORMATION (current) |
NAME |
MARK H. TIDMAN |
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE |
bhipdocket@bakerlaw.com |
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) |
mtidman@bakerlaw.com; ahsu@bakerlaw.com |
DOCKET/REFERENCE NUMBER |
104386.21019 |
CORRESPONDENCE INFORMATION (proposed) |
NAME |
Mark H. Tidman |
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE |
bhipdocket@bakerlaw.com |
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) |
mtidman@bakerlaw.com; lgehman@bakerlaw.com; ahsu@bakerlaw.com |
DOCKET/REFERENCE NUMBER |
104386.21019 |
SIGNATURE SECTION |
RESPONSE SIGNATURE |
/Mark H. Tidman/ |
SIGNATORY'S NAME |
Mark H. Tidman |
SIGNATORY'S POSITION |
Attorney of record, DC bar member |
SIGNATORY'S PHONE NUMBER |
202-861-1500 |
DATE SIGNED |
03/02/2022 |
ROLE OF AUTHORIZED SIGNATORY |
Authorized U.S.-Licensed Attorney |
SIGNATURE METHOD |
Sent to third party for signature |
FILING INFORMATION SECTION |
SUBMIT DATE |
Wed Mar 02 10:53:47 ET 2022 |
TEAS STAMP |
USPTO/ROA-XX.XXX.XXX.XX-2
0220302105347237597-90501
488-800459374589cef754630
82aa8cacc16527ea7e41589e3
2e7626cb7b9f599ec462f-N/A
-N/A-20220302092448034792 |
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.
90501488 NEO (Stylized and/or with Design, see http://tmng-al.uspto.gov /resting2/api/img/9050148 8/large) has been amended as follows:
EVIDENCE
Evidence has been attached: Arguments
Original PDF file:
evi_3810515990-2022030209
2448034792_._90501488_220 302_Response_to_OA.pdf
Converted PDF file(s) ( 2 pages)
Evidence-1Evidence-2
CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following:
Current:
Class 009 for Smart watches; smartphones in the shape of a watch; watches and watchbands that communicate data to smartphones or other electronic devices; wearable communications apparatus; wearable
communications devices in the form of wristwatches; downloadable application software for use with wearable electronic devices; wearable location trackers; wearable activity trackers; electronic
positioning apparatus; electronic devices used to locate articles, people or animals employing a cellular communications network; computer games for use with wearable electronic devices; computer
games software for use with wearable electronic devices; computer, electronic and video games software, including downloadable games software for use with wearable electronic devices
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: The applicant believes the applicant is entitled to use the mark in commerce on or in
connection with the goods or 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.
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.
Filing Basis: Section 44(d), Priority based on foreign filing: 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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority
based upon a foreign application.
For a certification 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, 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 or services that meet the certification standards of the applicant, and the
applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on[ Jamaica application number 81068 filed 07/31/2020]. 15 U.S.C.Section 1126(d), as amended.
Proposed:
Tracked Text Description: Smart watches;
smartphones in the shape of a watch;
watches and watchbands that
communicate data to smartphones or other electronic devices;
smart watches and smart watchbands that communicate data to smartphones or other electronic
devices;
wearable communications apparatus;
wearable communications apparatus, namely, wearable communications apparatus
for transmission, reception and processing of communications signals and data;
wearable communications devices in the form of wristwatches;
wearable communications devices in the form of smart wristwatches;
downloadable application software for use with wearable electronic
devices;
downloadable application software for alerts, calls, messages and tracking users' location data for use with wearable electronic devices, namely
smartwatches, smart watchbands and wearable activity trackers;
wearable location trackers;
wearable location trackers in
the nature of in the nature of smart watches and smart wristbands;
wearable location trackers, namely wearable electronic devices for tracking and locating
articles, people or animals employing radio frequency, global positioning systems (GPS), wireless internet communications or cellular communication networks;
electronic positioning apparatus;
wearable activity trackers;
electronic positioning apparatus in the nature of electronic
radio frequency positioning apparatus, global positioning system (GPS) apparatus and cellular communications positioning apparatus;
computer games for use with
wearable electronic devices;
electronic devices used to locate articles, people or animals employing a cellular communications network;
computer games software for use with wearable electronic devices;
downloadable application software for alerts, calls, messages and tracking users'
location data for use with wearable electronic devices, namely smartwatches, smart watchbands and wearable activity trackers;
computer, electronic and video
games software, including downloadable games software for use with wearable electronic devices;
recorded computer games software for use with wearable
electronic devices;
downloadable computer, electronic, and video games software for use with wearable electronic devices;
downloadable games software for use with wearable electronic devicesClass 009 for Smart watches; smartphones in the shape of a watch; smart watches and smart watchbands that
communicate data to smartphones or other electronic devices; wearable communications apparatus, namely, wearable communications apparatus for transmission, reception and processing of communications
signals and data; wearable communications devices in the form of smart wristwatches; downloadable application software for alerts, calls, messages and tracking users' location data for use with
wearable electronic devices, namely smartwatches, smart watchbands and wearable activity trackers; wearable location trackers in the nature of in the nature of smart watches and smart wristbands;
wearable location trackers, namely wearable electronic devices for tracking and locating articles, people or animals employing radio frequency, global positioning systems (GPS), wireless internet
communications or cellular communication networks; wearable activity trackers; electronic positioning apparatus in the nature of electronic radio frequency positioning apparatus, global positioning
system (GPS) apparatus and cellular communications positioning apparatus; electronic devices used to locate articles, people or animals employing a cellular communications network; downloadable
application software for alerts, calls, messages and tracking users' location data for use with wearable electronic devices, namely smartwatches, smart watchbands and wearable activity trackers;
recorded computer games software for use with wearable electronic devices; downloadable computer, electronic, and video games software for use with wearable electronic devices; downloadable games
software for use with wearable electronic devices
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: The applicant believes the applicant is entitled to use the mark in commerce on or in
connection with the goods or 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.
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.
Webpage URL: None Provided
Webpage Date of Access: None Provided
Filing Basis: Section 44(d), Priority based on foreign filing: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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority
based upon a foreign application.
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, 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 or services that meet the certification standards of the
applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on [ Jamaica application number 81068 filed 07/31/2020]. 15 U.S.C.Section
1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration. If ultimately the applicant does not rely on Section 44(e) as a basis for
registration, a valid claim of priority may be retained.
Applicant proposes to amend the following:
Current:
Class 038 for Cellular communications services; data transfer by means of telecommunications; transmission of data from and to smart watches, smartphones, wearable communications apparatus, wearable
communications devices, wearable location trackers, wearable activity trackers and electronic devices used to locate articles, people or animals employing a cellular communications network
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: The applicant believes the applicant is entitled to use the mark in commerce on or in
connection with the goods or 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.
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.
Filing Basis: Section 44(d), Priority based on foreign filing: 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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority
based upon a foreign application.
For a certification 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, 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 or services that meet the certification standards of the applicant, and the
applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on[ Jamaica application number 81068 filed 07/31/2020]. 15 U.S.C.Section 1126(d), as amended.
Proposed:
Class 038 for Cellular communications services; data transfer by means of telecommunications; transmission of data from and to smart watches, smartphones, wearable communications apparatus, wearable
communications devices, wearable location trackers, wearable activity trackers and electronic devices used to locate articles, people or animals employing a cellular communications network
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: The applicant believes the applicant is entitled to use the mark in commerce on or in
connection with the goods or 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.
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.
Webpage URL: None Provided
Webpage Date of Access: None Provided
Filing Basis: Section 44(d), Priority based on foreign filing: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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority
based upon a foreign application.
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, 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 or services that meet the certification standards of the
applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on [ Jamaica application number 81068 filed 07/31/2020]. 15 U.S.C.Section
1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration. If ultimately the applicant does not rely on Section 44(e) as a basis for
registration, a valid claim of priority may be retained.
Applicant proposes to amend the following:
Current:
Class 042 for Encryption, decryption and authentication of information, messages and data from electronic trackers; data conversion of electronic information from electronic trackers; creating,
maintaining and updating databases of traffic and travel information; providing temporary use of non-downloadable cloud-based telematics software; providing temporary use of non-downloadable
cloud-based software for use with haptic sensors; testing services for alarm and monitoring systems; design and development of personal alarms, pagers and panic buttons and response systems and
related software; providing online non-downloadable software in the field of personal safety and security; providing online non-downloadable software in the field of GPS navigation and tracking;
providing weather forecasting, reporting and information services; providing online non-downloadable software for use with personal alarm, paging or electronic messaging and response systems
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: The applicant believes the applicant is entitled to use the mark in commerce on or in
connection with the goods or 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.
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.
Filing Basis: Section 44(d), Priority based on foreign filing: 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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority
based upon a foreign application.
For a certification 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, 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 or services that meet the certification standards of the applicant, and the
applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on[ Jamaica application number 81068 filed 07/31/2020]. 15 U.S.C.Section 1126(d), as amended.
Proposed:
Tracked Text Description: Encryption, decryption and authentication of information, messages and data from electronic trackers;
Encryption, decryption, and authentication of information, messages, and data from electronic trackers;
data conversion of electronic information from electronic
trackers;
creating, maintaining and updating databases of traffic and travel information;
creating, maintaining and
updating databases, namely, database development services for traffic and travel information;
providing temporary use of non-downloadable cloud-based telematics
software;
providing temporary use of non-downloadable cloud-based telematics software, namely, telematics software for tracking and locating articles, people or
animals;
providing temporary use of non-downloadable cloud-based software for use with haptic sensors;
providing
temporary use of non-downloadable cloud-based telematics software, namely, telematics software for the transmission, storage, and sharing of data and information;
providing temporary use of non-downloadable cloud-based software for operating equipment using touch for use with haptic sensors;
testing services for alarm and
monitoring systems;
providing online non-downloadable software in the field of personal safety and security;
design and development
of personal alarms, pagers and panic buttons and response systems and related software;
providing online non-downloadable software in the field of GPS
navigation and tracking;
providing online non-downloadable software for facilitating communications, providing alerts and tracking users' location data in the
field of personal safety and security;
providing weather forecasting, reporting and information services;
providing
online non-downloadable software for facilitating communications, providing alerts and tracking users' location data in the field of GPS navigation and tracking;
providing online non-downloadable software for use with personal alarm, paging or electronic messaging and response systems;
providing online
non-downloadable software for providing alerts and tracking users' location data for use with personal alarm, paging or electronic messaging and response systemsClass 042 for Encryption,
decryption, and authentication of information, messages, and data from electronic trackers; data conversion of electronic information from electronic trackers; creating, maintaining and updating
databases, namely, database development services for traffic and travel information; providing temporary use of non-downloadable cloud-based telematics software, namely, telematics software for
tracking and locating articles, people or animals; providing temporary use of non-downloadable cloud-based telematics software, namely, telematics software for the transmission, storage, and sharing
of data and information; providing temporary use of non-downloadable cloud-based software for operating equipment using touch for use with haptic sensors; testing services for alarm and monitoring
systems; design and development of personal alarms, pagers and panic buttons and response systems and related software; providing online non-downloadable software for facilitating communications,
providing alerts and tracking users' location data in the field of personal safety and security; providing online non-downloadable software for facilitating communications, providing alerts and
tracking users' location data in the field of GPS navigation and tracking; providing online non-downloadable software for providing alerts and tracking users' location data for use with personal
alarm, paging or electronic messaging and response systems
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: The applicant believes the applicant is entitled to use the mark in commerce on or in
connection with the goods or 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.
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.
Webpage URL: None Provided
Webpage Date of Access: None Provided
Filing Basis: Section 44(d), Priority based on foreign filing: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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority
based upon a foreign application.
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, 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 or services that meet the certification standards of the
applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on [ Jamaica application number 81068 filed 07/31/2020]. 15 U.S.C.Section
1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration. If ultimately the applicant does not rely on Section 44(e) as a basis for
registration, a valid claim of priority may be retained.
Applicant proposes to amend the following:
Current:
Class 045 for Location services using data from electronic tracking devices; goods location services using data from electronic tracking devices; person location services using data from electronic
tracking devices; animal location services using data from electronic tracking devices; tracking of property, vehicles, animals and persons using data from electronic tracking devices
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: The applicant believes the applicant is entitled to use the mark in commerce on or in
connection with the goods or 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.
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.
Filing Basis: Section 44(d), Priority based on foreign filing: 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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority
based upon a foreign application.
For a certification 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, 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 or services that meet the certification standards of the applicant, and the
applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on[ Jamaica application number 81068 filed 07/31/2020]. 15 U.S.C.Section 1126(d), as amended.
Proposed:
Tracked Text Description: Location services using data from electronic tracking devices;
Location services, namely, tracking
and locating individuals, animals and objects for personal safety and security purposes, using data from electronic tracking devices;
goods location services
using data from electronic tracking devices;
goods location services, namely, locating and monitoring missing property, using data from electronic tracking
devices;
person location services using data from electronic tracking devices;
person location services, namely, tracking
and locating individuals for personal safety and security purposes, using data from electronic tracking devices;
animal location services using data from
electronic tracking devices;
animal location services, namely, tracking, locating and monitoring services for recovering lost animals and for safety and
security purposes, using data from electronic tracking devices;
tracking of property, vehicles, animals and persons using data from electronic tracking
devices;
tracking of missing or absent property, vehicles, animals, and persons for the purpose of protecting property, animals and individuals using data from
electronic tracking devicesClass 045 for Location services, namely, tracking and locating individuals, animals and objects for personal safety and security purposes, using data from electronic
tracking devices; goods location services, namely, locating and monitoring missing property, using data from electronic tracking devices; person location services, namely, tracking and locating
individuals for personal safety and security purposes, using data from electronic tracking devices; animal location services, namely, tracking, locating and monitoring services for recovering lost
animals and for safety and security purposes, using data from electronic tracking devices; tracking of missing or absent property, vehicles, animals, and persons for the purpose of protecting
property, animals and individuals using data from electronic tracking devices
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: The applicant believes the applicant is entitled to use the mark in commerce on or in
connection with the goods or 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.
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.
Webpage URL: None Provided
Webpage Date of Access: None Provided
Filing Basis: Section 44(d), Priority based on foreign filing: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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority
based upon a foreign application.
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, 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 or services that meet the certification standards of the
applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on [ Jamaica application number 81068 filed 07/31/2020]. 15 U.S.C.Section
1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration. If ultimately the applicant does not rely on Section 44(e) as a basis for
registration, a valid claim of priority may be retained.
ADDITIONAL STATEMENTS
Description of mark
The mark consists of the stylized wording "NEO" next to a design of a single quotation mark inside of a circle.
Correspondence Information (current):
MARK H. TIDMAN
PRIMARY EMAIL FOR CORRESPONDENCE: bhipdocket@bakerlaw.com
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): mtidman@bakerlaw.com; ahsu@bakerlaw.com
The docket/reference number is 104386.21019.
Correspondence Information (proposed):
Mark H. Tidman
PRIMARY EMAIL FOR CORRESPONDENCE: bhipdocket@bakerlaw.com
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): mtidman@bakerlaw.com; lgehman@bakerlaw.com; ahsu@bakerlaw.com
The docket/reference number is 104386.21019.
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 H. Tidman/ Date: 03/02/2022
Signatory's Name: Mark H. Tidman
Signatory's Position: Attorney of record, DC bar member
Signatory's Phone Number: 202-861-1500 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: MARK H. TIDMAN
BAKER & HOSTETLER LLP
WASHINGTON SQUARE, SUITE 1100
1050 CONNECTICUT AVENUE, NW
WASHINGTON, District of Columbia 20036-5304
Mailing Address: Mark H. Tidman
BAKER & HOSTETLER LLP
WASHINGTON SQUARE, SUITE 1100
1050 CONNECTICUT AVENUE, NW
WASHINGTON, District of Columbia 20036-5304
Serial Number: 90501488
Internet Transmission Date: Wed Mar 02 10:53:47 ET 2022
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XX-2022030210534723
7597-90501488-800459374589cef75463082aa8
cacc16527ea7e41589e32e7626cb7b9f599ec462
f-N/A-N/A-20220302092448034792