Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number.
`PTO Form 1957 (Rev 10/2011)
`
`OMB No. 0651-0050 (Exp 07/31/2017)
`
`Response to Office Action
`
`Input Field
`
`SERIAL NUMBER
`
`LAW OFFICE ASSIGNED
`
`MARK SECTION
`
`MARK
`
`LITERAL ELEMENT
`
`STANDARD CHARACTERS
`
`USPTO-GENERATED IMAGE
`
`MARK STATEMENT
`
`The table below presents the data as entered.
`
`Entered
`
`86858438
`
`LAW OFFICE 111
`
`http://tmng-al.uspto.gov/resting2/api/img/86858438/large
`
`AXIST
`
`YES
`
`YES
`
`The mark consists of standard characters, without claim to any particular font style,
`size or color.
`
`GOODS AND/OR SERVICES SECTION (009)(current)
`
`INTERNATIONAL CLASS
`
`DESCRIPTION
`
`009
`
`Equipment, apparatus and systems for the automatic identification, data collection and industrial automation, namely, fixed, manual and
`portable instruments and apparatus for the collection of data and the automatic decoding and reading of coded information recorded on paper,
`electronic, optical and magnetic media and on body surfaces, namely, bar code readers, two-dimensional code readers, color code readers,
`optical code readers, magnetic card readers, contact and radio frequency electronic memory readers, radio frequency electronic tags readers,
`radio frequency electronic tags writers, portable data terminals; bar code reader pens and guns, for the reading and decoding of coded
`information; microprocessor controlled portable hand-held data terminals capable of transmitting and receiving data by radio; portable data
`collection terminals with or without readers of coded information; portable data collection terminals with or without voice communication
`option; computer programs for the system/user interface for coded information readers and for portable data terminals; computer programs for
`configuring, programming and controlling coded information readers and portable data terminals; computer programs for home selling and
`buying; computer programs for decoding, reading and processing of coded information recorded on paper, electronic, optical, magnetic media
`and on body surfaces; computer programs for processing data from data collection apparatus; computer programs for training users and
`providing feedback on and analyzing operation and efficiency of automatic identification apparatus and data collection apparatus; computer
`programs for shopping list management; computer programs for multimedia information points; computer programs for home delivery
`management; computer programs for web orders and virtual shopping management; accessories therefor, namely, docking stations, handles,
`stands, holders, holsters, battery chargers, batteries, screen protectors, stylus, power suppliers, cables, adapters, headsets, modules for
`expanding communication options, and covers sold as components of data collection devices, and replacement parts therefor; downloadable
`electronic publications in the nature of brochures, user manuals, instruction manuals, installation manuals and maintenance manuals in the
`field of automatic identification, data collection and industrial automation
`
`FILING BASIS
`
`FILING BASIS
`
`(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160) FOREIGN APPLICATION NUMBER
`
`(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)FOREIGN APPLICATION COUNTRY
`
`(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160) FOREIGN FILING DATE
`
`Section 1(b)
`
`Section 44(d)
`
`302015000045
`
`Italy
`
`08/21/2015
`
`GOODS AND/OR SERVICES SECTION (009)(proposed)
`
`INTERNATIONAL CLASS
`
`TRACKED TEXT DESCRIPTION
`
`009
`
`

`

`Equipment, apparatus and systems for the automatic identification, data collection and industrial automation, namely, fixed, manual and
`portable instruments and apparatus for the collection of data and the automatic decoding and reading of coded information recorded on paper,
`electronic, optical and magnetic media and on body surfaces, namely, bar code readers, two-dimensional code readers, color code readers,
`optical code readers, magnetic card readers, contact and radio frequency electronic memory readers, radio frequency electronic tags readers,
`radio frequency electronic tags writers, portable data terminals; Equipment, apparatus and systems for the automatic identification, data
`collection and industrial automation, namely, bar code readers, two-dimensional code readers, color code readers, optical code readers,
`magnetic card readers, contact and radio frequency electronic memory readers, radio frequency electronic tags readers, radio frequency
`electronic tags writers, portable data terminals; bar code reader pens and guns, for the reading and decoding of coded information;
`microprocessor controlled portable hand-held data terminals capable of transmitting and receiving data by radio; portable data collection
`terminals with or without readers of coded information; portable data collection terminals with or without voice communication option;
`computer programs for the system/user interface for coded information readers and for portable data terminals; computer programs for
`configuring, programming and controlling coded information readers and portable data terminals; computer programs for home selling and
`buying; computer programs for decoding, reading and processing of coded information recorded on paper, electronic, optical, magnetic media
`and on body surfaces; computer programs for processing data from data collection apparatus; computer programs for training users and
`providing feedback on and analyzing operation and efficiency of automatic identification apparatus and data collection apparatus; computer
`programs for shopping list management; computer programs for multimedia information points; computer programs for organizing and
`presenting information for multimedia information points; computer programs for home delivery management; computer programs for web
`orders and virtual shopping management; computer programs for organizing, tracking and processing web orders and virtual shopping
`management; accessories therefor, namely, docking stations, handles, stands, holders, holsters, battery chargers, batteries, screen protectors,
`stylus, power suppliers, cables, adapters, headsets, modules for expanding communication options, and covers sold as components of data
`collection devices, and replacement parts therefor; computer accessories therefor, namely, docking stations, handles, stands, holders, holsters,
`battery chargers, batteries, screen protectors, stylus, power suppliers, cables, adapters, headsets and covers sold as components of data
`collection devices, and replacement parts therefor; downloadable electronic publications in the nature of brochures, user manuals, instruction
`manuals, installation manuals and maintenance manuals in the field of automatic identification, data collection and industrial automation;
`electronic publications recorded on computer media, namely, instruction, installation and maintenance manuals and user manuals for computer
`programs in the field of data collection and industrial automation for the reading, decoding, processing of coded information and automatic
`identification
`
`FINAL(cid:160)DESCRIPTION
`
`Equipment, apparatus and systems for the automatic identification, data collection and industrial automation, namely, bar code readers, two-
`dimensional code readers, color code readers, optical code readers, magnetic card readers, contact and radio frequency electronic memory
`readers, radio frequency electronic tags readers, radio frequency electronic tags writers, portable data terminals; bar code reader pens and guns,
`for the reading and decoding of coded information; microprocessor controlled portable hand-held data terminals capable of transmitting and
`receiving data by radio; portable data collection terminals with or without readers of coded information; portable data collection terminals with
`or without voice communication option; computer programs for the system/user interface for coded information readers and for portable data
`terminals; computer programs for configuring, programming and controlling coded information readers and portable data terminals; computer
`programs for home selling and buying; computer programs for decoding, reading and processing of coded information recorded on paper,
`electronic, optical, magnetic media and on body surfaces; computer programs for processing data from data collection apparatus; computer
`programs for training users and providing feedback on and analyzing operation and efficiency of automatic identification apparatus and data
`collection apparatus; computer programs for shopping list management; computer programs for organizing and presenting information for
`multimedia information points; computer programs for home delivery management; computer programs for organizing, tracking and
`processing web orders and virtual shopping management; computer accessories therefor, namely, docking stations, handles, stands, holders,
`holsters, battery chargers, batteries, screen protectors, stylus, power suppliers, cables, adapters, headsets and covers sold as components of data
`collection devices, and replacement parts therefor; downloadable electronic publications in the nature of brochures, user manuals, instruction
`manuals, installation manuals and maintenance manuals in the field of automatic identification, data collection and industrial automation;
`electronic publications recorded on computer media, namely, instruction, installation and maintenance manuals and user manuals for computer
`programs in the field of data collection and industrial automation for the reading, decoding, processing of coded information and automatic
`identification
`
`FILING BASIS
`
`FILING BASIS
`
`(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)FOREIGN APPLICATION NUMBER
`
`(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)FOREIGN APPLICATION COUNTRY
`
`(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)FOREIGN FILING DATE
`
`(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)INTENT TO
`(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)PERFECT 44(d)
`
`Section 1(b)
`
`Section 44(d)
`
`302015000045
`
`Italy
`
`08/21/2015
`
`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 (016)(current)
`
`INTERNATIONAL CLASS
`
`DESCRIPTION
`
`016
`
`Instruction, installation, maintenance and user manuals manuals for data capture systems, namely, optical code readers, bar code scanners,
`electronic tags readers and writers and portable data terminals; instruction, installation and maintenance manuals and user manuals for
`computer programs in the field of data collection and industrial automation for the reading, decoding, processing of coded information and
`automatic identification recorded on any medium, whether optical, magnetic or circuital; documentation and printed matter, namely,
`brochures, datasheets, reference guides, informational flyers, posters and banners for promotion and customer information on data capture
`systems, namely, optical code readers, bar code scanners, electronic tags readers and writers and portable data terminals
`
`FILING BASIS
`
`FILING BASIS
`
`(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160) FOREIGN APPLICATION NUMBER
`
`(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)FOREIGN APPLICATION COUNTRY
`
`(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160) FOREIGN FILING DATE
`
`Section 1(b)
`
`Section 44(d)
`
`302015000045
`
`Italy
`
`08/21/2015
`
`GOODS AND/OR SERVICES SECTION (016)(proposed)
`
`INTERNATIONAL CLASS
`
`TRACKED TEXT DESCRIPTION
`
`016
`
`Instruction, installation, maintenance and user manuals manuals for data capture systems, namely, optical code readers, bar code scanners,
`electronic tags readers and writers and portable data terminals; Printed Instruction, installation, maintenance and user manuals manuals for
`data capture systems, namely, optical code readers, bar code scanners, electronic tags readers and writers and portable data terminals;
`instruction, installation and maintenance manuals and user manuals for computer programs in the field of data collection and industrial
`automation for the reading, decoding, processing of coded information and automatic identification recorded on any medium, whether optical,
`magnetic or circuital; printed instruction, installation and maintenance manuals and user manuals for computer programs in the field of data
`collection and industrial automation for the reading, decoding, processing of coded information and automatic identification documentation
`and printed matter, namely, brochures, datasheets, reference guides, informational flyers, posters and banners for promotion and customer
`information on data capture systems, namely, optical code readers, bar code scanners, electronic tags readers and writers and portable data
`terminals; documentation and printed matter, namely, brochures, datasheets, reference guides, informational flyers, posters and banners for
`promotion and customer information on data capture systems, namely, optical code readers, bar code scanners, electronic tags readers and
`writers and portable data terminals
`
`FINAL(cid:160)DESCRIPTION
`
`Printed Instruction, installation, maintenance and user manuals manuals for data capture systems, namely, optical code readers, bar code
`scanners, electronic tags readers and writers and portable data terminals; printed instruction, installation and maintenance manuals and user
`manuals for computer programs in the field of data collection and industrial automation for the reading, decoding, processing of coded
`information and automatic identification documentation and printed matter, namely, brochures, datasheets, reference guides, informational
`flyers, posters and banners for promotion and customer information on data capture systems, namely, optical code readers, bar code scanners,
`electronic tags readers and writers and portable data terminals
`
`FILING BASIS
`
`FILING BASIS
`
`(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)FOREIGN APPLICATION NUMBER
`
`(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)FOREIGN APPLICATION COUNTRY
`
`(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)FOREIGN FILING DATE
`
`(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)INTENT TO
`(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)PERFECT 44(d)
`
`CORRESPONDENCE SECTION
`
`Section 1(b)
`
`Section 44(d)
`
`302015000045
`
`Italy
`
`08/21/2015
`
`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.
`
`ANTHONY P. VENTURINO
`Vorys, Sater, Seymour And Pease LLP
`
`

`

`ORIGINAL ADDRESS
`
`NEW CORRESPONDENCE SECTION
`
`NAME
`
`FIRM NAME
`
`DOCKET/REFERENCE NUMBER
`
`STREET
`
`CITY
`
`STATE
`
`ZIP/POSTAL CODE
`
`COUNTRY
`
`PHONE
`
`FAX
`
`EMAIL
`
`PO BOX 2255
`Columbus
`Ohio
`US
`43216-2255
`
`Anthony P. Venturino
`
`Vorys, Sater, Seymour And Pease LLP
`
`72924-000462
`
`PO BOX 2255
`
`Columbus
`
`Ohio
`
`43216-2255
`
`United States
`
`202-467-8800
`
`202.467.8900
`
`iplaw@vorys.com;apventurino@vorys.com;ybourne@vorys.com
`
`AUTHORIZED EMAIL COMMUNICATION
`
`Yes
`
`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
`
`/anthony p venturino/
`
`Anthony P. Venturino
`
`Attorney member DC bar
`
`2024678848
`
`10/12/2016
`
`YES
`
`Wed Oct 12 13:52:56 EDT 2016
`
`USPTO/ROA-XXX.XXX.XX.XXX-
`20161012135256921030-8685
`8438-570728d45918cbe828f2
`dd2916367f2eb4f37442f7fbd
`4ccd4774e6877af13d967-N/A
`-N/A-20161012132342779849
`
`Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number.
`PTO Form 1957 (Rev 10/2011)
`
`OMB No. 0651-0050 (Exp 07/31/2017)
`
`To the Commissioner for Trademarks:
`
`Response to Office Action
`
`Application serial no. 86858438(cid:160)AXIST(Standard Characters, see http://tmng-al.uspto.gov/resting2/api/img/86858438/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 009 for Equipment, apparatus and systems for the automatic identification, data collection and industrial automation, namely,
`fixed, manual and portable instruments and apparatus for the collection of data and the automatic decoding and reading of coded information
`recorded on paper, electronic, optical and magnetic media and on body surfaces, namely, bar code readers, two-dimensional code readers, color
`code readers, optical code readers, magnetic card readers, contact and radio frequency electronic memory readers, radio frequency electronic tags
`readers, radio frequency electronic tags writers, portable data terminals; bar code reader pens and guns, for the reading and decoding of coded
`information; microprocessor controlled portable hand-held data terminals capable of transmitting and receiving data by radio; portable data
`collection terminals with or without readers of coded information; portable data collection terminals with or without voice communication
`option; computer programs for the system/user interface for coded information readers and for portable data terminals; computer programs for
`configuring, programming and controlling coded information readers and portable data terminals; computer programs for home selling and
`buying; computer programs for decoding, reading and processing of coded information recorded on paper, electronic, optical, magnetic media
`and on body surfaces; computer programs for processing data from data collection apparatus; computer programs for training users and providing
`feedback on and analyzing operation and efficiency of automatic identification apparatus and data collection apparatus; computer programs for
`shopping list management; computer programs for multimedia information points; computer programs for home delivery management; computer
`programs for web orders and virtual shopping management; accessories therefor, namely, docking stations, handles, stands, holders, holsters,
`battery chargers, batteries, screen protectors, stylus, power suppliers, cables, adapters, headsets, modules for expanding communication options,
`and covers sold as components of data collection devices, and replacement parts therefor; downloadable electronic publications in the nature of
`brochures, user manuals, instruction manuals, installation manuals and maintenance manuals in the field of automatic identification, data
`collection and industrial automation
`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 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[ Italy application number
`302015000045 filed 08/21/2015]. 15 U.S.C.Section 1126(d), as amended.
`
`Proposed:
`Tracked Text Description: Equipment, apparatus and systems for the automatic identification, data collection and industrial automation,
`namely, fixed, manual and portable instruments and apparatus for the collection of data and the automatic decoding and reading of coded
`information recorded on paper, electronic, optical and magnetic media and on body surfaces, namely, bar code readers, two-dimensional code
`readers, color code readers, optical code readers, magnetic card readers, contact and radio frequency electronic memory readers, radio frequency
`electronic tags readers, radio frequency electronic tags writers, portable data terminals; Equipment, apparatus and systems for the automatic
`identification, data collection and industrial automation, namely, bar code readers, two-dimensional code readers, color code readers, optical
`code readers, magnetic card readers, contact and radio frequency electronic memory readers, radio frequency electronic tags readers, radio
`frequency electronic tags writers, portable data terminals; bar code reader pens and guns, for the reading and decoding of coded information;
`microprocessor controlled portable hand-held data terminals capable of transmitting and receiving data by radio; portable data collection
`terminals with or without readers of coded information; portable data collection terminals with or without voice communication option;
`computer programs for the system/user interface for coded information readers and for portable data terminals; computer programs for
`configuring, programming and controlling coded information readers and portable data terminals; computer programs for home selling and
`buying; computer programs for decoding, reading and processing of coded information recorded on paper, electronic, optical, magnetic media
`and on body surfaces; computer programs for processing data from data collection apparatus; computer programs for training users and
`providing feedback on and analyzing operation and efficiency of automatic identification apparatus and data collection apparatus; computer
`programs for shopping list management; computer programs for multimedia information points; computer programs for organizing and
`
`

`

`presenting information for multimedia information points; computer programs for home delivery management; computer programs for web
`orders and virtual shopping management; computer programs for organizing, tracking and processing web orders and virtual shopping
`management; accessories therefor, namely, docking stations, handles, stands, holders, holsters, battery chargers, batteries, screen protectors,
`stylus, power suppliers, cables, adapters, headsets, modules for expanding communication options, and covers sold as components of data
`collection devices, and replacement parts therefor; computer accessories therefor, namely, docking stations, handles, stands, holders, holsters,
`battery chargers, batteries, screen protectors, stylus, power suppliers, cables, adapters, headsets and covers sold as components of data collection
`devices, and replacement parts therefor; downloadable electronic publications in the nature of brochures, user manuals, instruction manuals,
`installation manuals and maintenance manuals in the field of automatic identification, data collection and industrial automation; electronic
`publications recorded on computer media, namely, instruction, installation and maintenance manuals and user manuals for computer programs in
`the field of data collection and industrial automation for the reading, decoding, processing of coded information and automatic identification
`
`Class 009 for Equipment, apparatus and systems for the automatic identification, data collection and industrial automation, namely, bar code
`readers, two-dimensional code readers, color code readers, optical code readers, magnetic card readers, contact and radio frequency electronic
`memory readers, radio frequency electronic tags readers, radio frequency electronic tags writers, portable data terminals; bar code reader pens
`and guns, for the reading and decoding of coded information; microprocessor controlled portable hand-held data terminals capable of transmitting
`and receiving data by radio; portable data collection terminals with or without readers of coded information; portable data collection terminals
`with or without voice communication option; computer programs for the system/user interface for coded information readers and for portable
`data terminals; computer programs for configuring, programming and controlling coded information readers and portable data terminals;
`computer programs for home selling and buying; computer programs for decoding, reading and processing of coded information recorded on
`paper, electronic, optical, magnetic media and on body surfaces; computer programs for processing data from data collection apparatus; computer
`programs for training users and providing feedback on and analyzing operation and efficiency of automatic identification apparatus and data
`collection apparatus; computer programs for shopping list management; computer programs for organizing and presenting information for
`multimedia information points; computer programs for home delivery management; computer programs for organizing, tracking and processing
`web orders and virtual shopping management; computer accessories therefor, namely, docking stations, handles, stands, holders, holsters, battery
`chargers, batteries, screen protectors, stylus, power suppliers, cables, adapters, headsets and covers sold as components of data collection devices,
`and replacement parts therefor; downloadable electronic publications in the nature of brochures, user manuals, instruction manuals, installation
`manuals and maintenance manuals in the field of automatic identification, data collection and industrial automation; electronic publications
`recorded on computer media, namely, instruction, installation and maintenance manuals and user manuals for computer programs in the field of
`data collection and industrial automation for the reading, decoding, processing of coded information and automatic identification
`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 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 [ Italy application number
`302015000045 filed 08/21/2015]. 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 class of goods/services in the application:
`Current: Class 016 for Instruction, installation, maintenance and user manuals manuals for data capture systems, namely, optical code readers,
`bar code scanners, electronic tags readers and writers and portable data terminals; instruction, installation and maintenance manuals and user
`manuals for computer programs in the field of data collection and industrial automation for the reading, decoding, processing of coded
`information and automatic identification recorded on any medium, whether optical, magnetic or circuital; documentation and printed matter,
`namely, brochures, datasheets, reference guides, informational flyers, posters and banners for promotion and customer information on data
`capture systems, namely, optical code readers, bar code scanners, electronic tags readers and writers and portable data terminals
`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 pro