PTO Form 1957 (Rev 9/2005)
`
`OMB No. 0651-0050 (Exp. 07/31/2017)
`
`Response to Office Action
`
`Input Field
`
`SERIAL NUMBER
`
`LAW OFFICE ASSIGNED
`
`MARK SECTION
`
`MARK FILE NAME
`
`LITERAL ELEMENT
`
`STANDARD CHARACTERS
`
`USPTO-GENERATED IMAGE
`
`COLOR(S) CLAIMED
`(If applicable)
`
`DESCRIPTION OF THE MARK
`(and Color Location, if applicable)
`
`The table below presents the data as entered.
`
`Entered
`
`86390818
`
`LAW OFFICE 105
`
`http://tsdr.uspto.gov/img/86390818/large
`
`WATCH
`
`NO
`
`NO
`
`Color is not claimed as a feature of the mark.
`
`The mark consists of the design of an apple with a bite removed and the word
`"WATCH".
`
`GOODS AND/OR SERVICES SECTION (current)
`
`INTERNATIONAL CLASS
`
`DESCRIPTION
`
`010
`
`Health, fitness, exercise, and wellness sensors, monitors and displays; medical apparatus and devices
`
`FILING BASIS
`
`FILING BASIS
`
`        FOREIGN APPLICATION NUMBER
`
`       FOREIGN APPLICATION COUNTRY
`
`        FOREIGN FILING DATE
`
`GOODS AND/OR SERVICES SECTION (proposed)
`
`INTERNATIONAL CLASS
`
`TRACKED TEXT DESCRIPTION
`
`Section 1(b)
`
`Section 44(d)
`
`65136
`
`Jamaica
`
`07/24/2014
`
`010
`
`Health, fitness, exercise, and wellness sensors, monitors and displays; Medical instruments, namely, health, fitness, exercise, and wellness
`sensors, monitors and displays for measuring, displaying, tracking, monitoring, storing, and transmitting biometric data, heart rate, body
`movement, and calories burned; medical apparatus and devices; medical apparatus and devices to measure, display, track, monitor,¶
`store, and transmit biometric data, heart rate, body movement, and calories burned
`
`FINAL DESCRIPTION
`
`Medical instruments, namely, health, fitness, exercise, and wellness sensors, monitors and displays for measuring, displaying, tracking,
`monitoring, storing, and transmitting biometric data, heart rate, body movement, and calories burned; medical apparatus and devices to
`measure, display, track, monitor, store, and transmit biometric data, heart rate, body movement, and calories burned
`
`FILING BASIS
`
`FILING BASIS
`
`       FOREIGN APPLICATION NUMBER
`
`Section 1(b)
`
`Section 44(d)
`
`65136
`
`

`

`       FOREIGN APPLICATION COUNTRY
`
`       FOREIGN FILING DATE
`
`ADDITIONAL STATEMENTS SECTION
`
`Jamaica
`
`07/24/2014
`
`DISCLAIMER
`
`SIGNATURE SECTION
`
`RESPONSE SIGNATURE
`
`SIGNATORY'S NAME
`
`SIGNATORY'S POSITION
`
`SIGNATORY'S PHONE NUMBER
`
`DATE SIGNED
`
`AUTHORIZED SIGNATORY
`
`FILING INFORMATION SECTION
`
`SUBMIT DATE
`
`TEAS STAMP
`
`No claim is made to the exclusive right to use WATCH apart from the mark as
`shown.
`
`/Thomas R. La Perle/
`
`Thomas R. La Perle
`
`Attorney of record, California bar member
`
`408-974-2385
`
`06/22/2015
`
`YES
`
`Mon Jun 22 12:56:24 EDT 2015
`
`USPTO/ROA-XX.XXX.XXX.XX-2
`0150622125624501467-86390
`818-530b37950a1ca5ad7c484
`a23c3dafbc25a56b07d3b92b0
`d07e794b123aeec5d840-N/A-
`N/A-20150622125044043952
`
`PTO Form 1957 (Rev 9/2005)
`
`OMB No. 0651-0050 (Exp. 07/31/2017)
`
`To the Commissioner for Trademarks:
`
`Response to Office Action
`
`Application serial no. 86390818 WATCH (Stylized and/or with Design, see http://tsdr.uspto.gov/img/86390818/large) has been amended as
`follows:
`
`CLASSIFICATION AND LISTING OF GOODS/SERVICES
`Applicant proposes to amend the following class of goods/services in the application:
`Current: Class 010 for Health, fitness, exercise, and wellness sensors, monitors and displays; medical apparatus and devices
`Original Filing Basis:
`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.
`
`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 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 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 65136 filed 07/24/2014]. 15 U.S.C.Section 1126(d), as amended.
`
`Proposed:
`Tracked Text Description: Health, fitness, exercise, and wellness sensors, monitors and displays; Medical instruments, namely, health, fitness,
`exercise, and wellness sensors, monitors and displays for measuring, displaying, tracking, monitoring, storing, and transmitting biometric data,
`heart rate, body movement, and calories burned; medical apparatus and devices; medical apparatus and devices to measure, display, track,
`monitor,¶
`store, and transmit biometric data, heart rate, body movement, and calories burned
`
`Class 010 for Medical instruments, namely, health, fitness, exercise, and wellness sensors, monitors and displays for measuring, displaying,
`tracking, monitoring, storing, and transmitting biometric data, heart rate, body movement, and calories burned; medical apparatus and devices to
`measure, display, track, monitor, store, and transmit biometric data, heart rate, body movement, and calories burned
`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.
`
`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 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 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 65136 filed 07/24/2014]. 15 U.S.C.Section 1126(d), as amended.
`
`ADDITIONAL STATEMENTS
`Disclaimer
`No claim is made to the exclusive right to use WATCH apart from the mark as shown.
`
`SIGNATURE(S)
`Response Signature
`Signature: /Thomas R. La Perle/     Date: 06/22/2015
`Signatory's Name: Thomas R. La Perle
`Signatory's Position: Attorney of record, California bar member
`
`Signatory's Phone Number: 408-974-2385
`
`The signatory has confirmed that he/she is an attorney who is a member in good standing of the bar of the highest court of a U.S. state, which
`includes the District of Columbia, Puerto Rico, and other federal territories and possessions; and he/she is currently the applicant's attorney or an
`associate thereof; and to the best of his/her knowledge, if prior to his/her appointment another U.S. attorney or a Canadian attorney/agent not
`currently associated with his/her company/firm previously represented the applicant in this matter: (1) the applicant has filed or is concurrently
`filing a signed revocation of or substitute power of attorney with the USPTO; (2) the USPTO has granted the request of the prior representative to
`withdraw; (3) the applicant has filed a power of attorney appointing him/her in this matter; or (4) the applicant's appointed U.S. attorney or
`Canadian attorney/agent has filed a power of attorney appointing him/her as an associate attorney in this matter.
`
`        
`

`

`Serial Number: 86390818
`Internet Transmission Date: Mon Jun 22 12:56:24 EDT 2015
`TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XX-2015062212562450
`1467-86390818-530b37950a1ca5ad7c484a23c3
`dafbc25a56b07d3b92b0d07e794b123aeec5d840
`-N/A-N/A-20150622125044043952
`
`