TEAS Request Reconsideration after FOA

PTO- 1960

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- 1960

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

Request for Reconsideration after Final Action

To the Commissioner for Trademarks:

Application serial no. 97430849 ROCKET (Stylized and/or with Design, see http://tmng-al.uspto.gov /resting2/api/img/9743084 9/large) has been amended as follows:

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

Applicant's arguments are set forth in the attached brief.

EVIDENCE
Evidence has been attached: Applicant's arguments
Original PDF file:
evi_691421214-20230731110 342485378_._04925-2023073 1-topto-ROA_arguments_13.pdf
Converted PDF file(s) ( 6 pages) Evidence-1Evidence-2Evidence-3Evidence-4Evidence-5Evidence-6

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant hereby deletes the following class of goods/services from the application.
Class 025 for Clothing, namely vests, shirts, jackets for persons involved in law enforcement, emergency services and the gathering and management of legal evidence

Applicant hereby deletes the following class of goods/services from the application.
Class 042 for Software as a Service (SaaS) services for storing and managing data files for use in the fields of law enforcement, emergency services and persons in the chain of evidence, including video files, audio files and other digital media; Software as a Service (Saas) services for managing digital evidence, including transcribing, translating and redacting data files, computer software platforms, and IT infrastructures for self-service business intelligence and enterprise performance management, content management, file sharing, and data interchange, all of the foregoing provided via cloud-based infrastructures and global computer networks for use in the fields of law enforcement, emergency services and persons in the chain of evidence

Applicant proposes to amend the following:

Current:
Class 009 for Cameras; cell phones; digital cameras and microphones; Communications apparatus in the nature of cellular phones and microphones; and Downloadable computer software for operating an internal cellular modem that provides secure wireless access points for integrated services through secure Internet connections and automatic wireless offload with an integrated mobile communications modem and an integrated digital video and audio recorder that enables full, secure automation of evidence gathering and situational awareness; computer hardware, namely, a communications device with an internal cellular modem that provides secure wireless access points for integrated services through secure Internet connections and automatic wireless offload with an integrated mobile communications modem and an integrated digital video and audio recorder that enables full, secure automation of evidence gathering and situational awareness; downloadable computer software for operating a device with built-in digital video recording capabilities utilizing cameras on vehicles to capture and review video and provide on-board diagnostics to allow monitoring of vehicle engine operating parameter IDs (PIDs) reported by the vehicle's diagnostics output, namely, O2 levels, oil pressure, particulate level, fuel flow, vehicle ID Number (VIN), seat belt buckled status, and engine trouble codes; computer hardware, namely, a mobile communications device with built-in digital video recording capabilities utilizing cameras on vehicles to capture and review video and provide on-board diagnosis to allow monitoring of vehicle engine operating parameter IDs reported by the vehicle's diagnostics output, namely, O2 levels, oil pressure, particulate level, fuel flow, vehicle ID Number (VIN), seat belt buckled status, and engine trouble codes; downloadable computer software for operating a policy-based audio and video recording device that integrates with cameras worn on the body and integrates with vehicle sensors to record actions of an automobile; computer hardware, namely, a mobile communications device, namely a policy-based video recording device that integrates with cameras worn on the body to record video and images and which integrates with vehicle sensors to record actions taken by an automobile; downloadable computer software for operating a wireless access point devices used to track the global positioning system (GPS) location and status of first responder and utility company vehicles; Global positioning system (GPS) apparatus to track the location and status of first responder and utility company vehicles, all for use in the fields of law enforcement, emergency services, and persons in the chain of evidence; Articles of protective clothing with built in armor for protection against accident or injury, namely bullet proof vest and clothing
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.


Proposed:

Tracked Text Description: Cameras; cell phones; digital cameras and microphones; Communications apparatus in the nature of microphones; Communications apparatus in the nature of cellular phones and microphones; and Downloadable computer software for operating an internal cellular modem that provides secure wireless access points for integrated services through secure Internet connections and automatic wireless offload with an integrated mobile communications modem and an integrated digital video and audio recorder that enables full, secure automation of evidence gathering and situational awareness; computer hardware, namely, a communications device with an internal cellular modem that provides secure wireless access points for integrated services through secure Internet connections and automatic wireless offload with an integrated mobile communications modem and an integrated digital video and audio recorder that enables full, secure automation of evidence gathering and situational awareness; downloadable computer software for operating a device with built-in digital video recording capabilities utilizing cameras on vehicles to capture and review video and provide on-board diagnostics to allow monitoring of vehicle engine operating parameter IDs (PIDs) reported by the vehicle's diagnostics output, namely, O2 levels, oil pressure, particulate level, fuel flow, vehicle ID Number (VIN), seat belt buckled status, and engine trouble codes; computer hardware, namely, a mobile communications device with built-in digital video recording capabilities utilizing cameras on vehicles to capture and review video and provide on-board diagnosis to allow monitoring of vehicle engine operating parameter IDs reported by the vehicle's diagnostics output, namely, O2 levels, oil pressure, particulate level, fuel flow, vehicle ID Number (VIN), seat belt buckled status, and engine trouble codes; downloadable computer software for operating a policy-based audio and video recording device that integrates with cameras worn on the body and integrates with vehicle sensors to record actions of an automobile; computer hardware, namely, a mobile communications device, namely a policy-based video recording device that integrates with cameras worn on the body to record video and images and which integrates with vehicle sensors to record actions taken by an automobile; downloadable computer software for operating a wireless access point devices used to track the global positioning system (GPS) location and status of first responder and utility company vehicles; Global positioning system (GPS) apparatus to track the location and status of first responder and utility company vehicles, all for use in the fields of law enforcement, emergency services, and persons in the chain of evidence; Articles of protective clothing with built in armor for protection against accident or injury, namely bullet proof vest and clothingClass 009 for Cameras; digital cameras and microphones; Communications apparatus in the nature of microphones; and Downloadable computer software for operating an internal cellular modem that provides secure wireless access points for integrated services through secure Internet connections and automatic wireless offload with an integrated mobile communications modem and an integrated digital video and audio recorder that enables full, secure automation of evidence gathering and situational awareness; computer hardware, namely, a communications device with an internal cellular modem that provides secure wireless access points for integrated services through secure Internet connections and automatic wireless offload with an integrated mobile communications modem and an integrated digital video and audio recorder that enables full, secure automation of evidence gathering and situational awareness; downloadable computer software for operating a device with built-in digital video recording capabilities utilizing cameras on vehicles to capture and review video and provide on-board diagnostics to allow monitoring of vehicle engine operating parameter IDs (PIDs) reported by the vehicle's diagnostics output, namely, O2 levels, oil pressure, particulate level, fuel flow, vehicle ID Number (VIN), seat belt buckled status, and engine trouble codes; computer hardware, namely, a mobile communications device with built-in digital video recording capabilities utilizing cameras on vehicles to capture and review video and provide on-board diagnosis to allow monitoring of vehicle engine operating parameter IDs reported by the vehicle's diagnostics output, namely, O2 levels, oil pressure, particulate level, fuel flow, vehicle ID Number (VIN), seat belt buckled status, and engine trouble codes; downloadable computer software for operating a policy-based audio and video recording device that integrates with cameras worn on the body and integrates with vehicle sensors to record actions of an automobile; computer hardware, namely, a mobile communications device, namely a policy-based video recording device that integrates with cameras worn on the body to record video and images and which integrates with vehicle sensors to record actions taken by an automobile; downloadable computer software for operating a wireless access point devices used to track the global positioning system (GPS) location and status of first responder and utility company vehicles; Global positioning system (GPS) apparatus to track the location and status of first responder and utility company vehicles, all for use in the fields of law enforcement, emergency services, and persons in the chain of evidence;
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

Correspondence Information
      William C. Pannell
      PRIMARY EMAIL FOR CORRESPONDENCE: wpannell@robinsoniplaw.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): docketing@robinsoniplaw.com

The docket/reference number is 13.04925.114.

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)
Request for Reconsideration Signature
Signature: /michael e robinson/     Date: 07/31/2023
Signatory's Name: Michael E. Robinson
Signatory's Position: Attorney of record, Tennessee Bar member

Signatory's Phone Number: 865-978-6480 Signature method: Signed directly within the form

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.

The applicant is not filing a Notice of Appeal in conjunction with this Request for Reconsideration.

Mailing Address:    William C. Pannell
   Robinson IP Law, PLLC
   
   9724 Kingston Pike, Suite 1102
   Knoxville, Tennessee 37922
Mailing Address:    William C. Pannell
   Robinson IP Law, PLLC
   9724 Kingston Pike, Suite 1102
   Knoxville, Tennessee 37922
        
Serial Number: 97430849
Internet Transmission Date: Mon Jul 31 11:08:15 ET 2023
TEAS Stamp: USPTO/RFR-XX.XX.XXX.XX-20230731110815256
413-97430849-8506e77ac486632d77257f4eb11
139e1bd2479dc767345a29dd77bbd852c2228eb-
N/A-N/A-20230731110342485378