To:
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`Subject:
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`Sent:
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`Sent As:
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`Attachments:
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`Panasonic Corporation (HLUSDocketing@hoganlovells.com)
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`U.S. TRADEMARK APPLICATION NO. 87869342 - GEMBA PROCESS INNOVATION -
`1P3518.10851
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`5/5/2018 9:16:34 AM
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`ECOM116@USPTO.GOV
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`UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
`OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION
`
`U.S. APPLICATION SERIAL
`NO.   87869342
`
`           
`
`MARK: GEMBA PROCESS
`INNOVATION
`
`CORRESPONDENT ADDRESS:
`  
`       JAMES R. CADY
`  
`       HOGAN LOVELLS US LLP
`         3 EMBARCADERO CENTER,
`SUITE 1500
`           SAN FRANCISCO, CA 94111
`    
`   
`APPLICANT: Panasonic
`Corporation
`
`*87869342*
`
`CLICK HERE TO RESPOND TO THIS
`LETTER:
`http://www.uspto.gov/trademarks/teas/response_forms.jsp
`
`VIEW YOUR APPLICATION FILE
`
`    
`REFERENCE/DOCKET NO:       
`
`CORRESPONDENT’S
`
`  1P3518.10851
`CORRESPONDENT E-MAIL
`
`   
`
`ADDRESS:       
`
`HLUSDocketing@hoganlovells.com
`
`OFFICE ACTION
`
`STRICT DEADLINE TO RESPOND TO THIS LETTER
`TO AVOID ABANDONMENT OF APPLICANT’S TRADEMARK APPLICATION, THE USPTO MUST RECEIVE APPLICANT’S
`COMPLETE RESPONSE TO THIS LETTER WITHIN 6 MONTHS OF THE ISSUE/MAILING DATE BELOW.   A RESPONSE
`TRANSMITTED THROUGH THE TRADEMARK ELECTRONIC APPLICATION SYSTEM (TEAS) MUST BE RECEIVED BEFORE
`MIDNIGHT EASTERN TIME OF THE LAST DAY OF THE RESPONSE PERIOD.
`
`ISSUE/MAILING DATE: 5/5/2018
`
`TEAS PLUS OR TEAS REDUCED FEE (TEAS RF) APPLICANTS – TO MAINTAIN LOWER FEE, ADDITIONAL
`REQUIREMENTS MUST BE MET, INCLUDING SUBMITTING DOCUMENTS ONLINE:  Applicants who filed their application
`online using the lower-fee TEAS Plus or TEAS RF application form must (1) file certain documents online using TEAS, including responses to
`Office actions (see TMEP §§819.02(b), 820.02(b) for a complete list of these documents); (2) maintain a valid e-mail correspondence address;
`and (3) agree to receive correspondence from the USPTO by e-mail throughout the prosecution of the application.  See 37 C.F.R. §§2.22(b),
`2.23(b); TMEP §§819, 820.  TEAS Plus or TEAS RF applicants who do not meet these requirements must submit an additional processing fee of
`$125 per class of goods and/or services.  37 C.F.R. §§2.6(a)(1)(v), 2.22(c), 2.23(c); TMEP §§819.04, 820.04.  However, in certain situations,
`TEAS Plus or TEAS RF applicants may respond to an Office action by authorizing an examiner’s amendment by telephone or e-mail without
`
`incurring this additional fee.    
`
`The referenced application has been reviewed by the assigned trademark examining attorney.  Applicant must respond timely and completely to
`the issues below.  15 U.S.C. §1062(b); 37 C.F.R. §§2.62(a), 2.65(a); TMEP §§711, 718.03.
`
`SUMMARY OF ISSUES:
`Likelihood of confusion refusal
`Requirement for clarification of the identification of goods and services
`Disclaimer requirement
`Translation requirement
`Requirement for a foreign registration
`
`SECTION 2(d) REFUSAL – LIKELIHOOD OF CONFUSION
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`THIS PARTIAL REFUSAL APPLIES ONLY TO THE GOODS AND SERVICES SPECIFIED THEREIN
`
`Registration of the applied-for mark is refused as to “computer data storage system, namely, computer data storage hardware and software for
`data archiving; computer data archive appliances, namely, optical disc drives, data archiver magazines in the nature of holders for optical discs;
`computer software for use in the management of multipoint video surveillance systems; digital cameras for industrial use; access control and
`alarm monitoring systems; electronic readers and controllers for controlling access to premises; OCR (optical character recognition) software;
`near field communication (NFC) technology-enabled readers; computer software for programming, controlling and operating programmable
`controllers used in production lines; computer software for processing images and graphics; computer software for use in the transmission of data
`and information; computer software to monitor and control factory manufacturing processes; database management software for visible light
`communication; database management software for location information; computer software for retail inventory management; three-dimensional
`measuring devices used to measure surfaces for optical devices and mechanical parts; computer backup and storage systems for surveillance
`images; computer software for management of enterprise data; intelligent security and surveillance systems, namely, computer hardware and
`software systems for image recognition for security and surveillance;” “providing information concerning commercial sales; business
`information; commercial information agency services; business management analysis; business consultancy; compilation and systematization of
`information into computer database;” “software as a service (SAAS) services featuring software for programming, controlling and operating
`programmable controllers used in production lines; software as a service (SAAS) services featuring software for processing images and graphics;
`software as a service (SAAS) services featuring software for use in the transmission of data and information; software as a service (SAAS)
`services featuring software used to monitor and control factory manufacturing processes; software as a service (SAAS) services featuring
`database management software for visible light communication; software as a service (SAAS) services featuring database management software
`for location information; providing a web hosting platform for process automation in manufacturing; providing a web hosting platform for
`processing images and graphics; providing a web hosting platform for monitoring and controlling factory manufacturing processes; providing a
`web hosting platform for managing and controlling beacon-based location systems and information; platform as a service (PAAS) featuring
`computer software platforms for use in image recognition, sound recognition, voice recognition, internet security, transmission of data, data
`mining, data query, data analysis and visualizing data; software as a service (SAAS) services featuring software for use in image recognition,
`sound recognition, voice recognition, internet security, transmission of data, data mining, data query, data analysis and visualizing data; software
`as a service (SAAS) services for use in image recognition, sound recognition, voice recognition, internet security, transmission of data, data
`mining, data query, data analysis and visualizing data” because of a likelihood of confusion with the marks in U.S. Registration Nos. 5030684,
`4862177, 4818953, 3210705, 4078446, 3005330, and 2484866.  Trademark Act Section 2(d), 15 U.S.C. §1052(d); see TMEP §§1207.01 et seq. 
`See the attached registrations.
`
`Trademark Act Section 2(d) bars registration of an applied-for mark that so resembles a registered mark that it is likely a consumer would be
`confused, mistaken, or deceived as to the source of the goods and services of the applicant and registrants.  See 15 U.S.C. §1052(d).  Determining
`likelihood of confusion is made on a case-by-case basis by applying the factors set forth in In re E. I. du Pont de Nemours & Co., 476 F.2d 1357,
`1361, 177 USPQ 563, 567 (C.C.P.A. 1973).  In re i.am.symbolic, llc, 866 F.3d 1315, 1322, 123 USPQ2d 1744, 1747 (Fed. Cir. 2017).  However,
`“[n]ot all of the [ du Pont] factors are relevant to every case, and only factors of significance to the particular mark need be considered.”   Coach
`Servs., Inc. v. Triumph Learning LLC, 668 F.3d 1356, 1366, 101 USPQ2d 1713, 1719 (Fed. Cir. 2012) (quoting In re Mighty Leaf Tea, 601. F.3d
`1342, 1346, 94 USPQ2d 1257, 1259 (Fed. Cir 2010)).  The USPTO may focus its analysis “on dispositive factors, such as similarity of the
`marks and relatedness of the goods [and/or services].”   In re i.am.symbolic, llc, 866 F.3d at 1322, 123 USPQ2d at 1747 (quoting Herbko Int’l,
`
`Inc. v. Kappa Books, Inc., 308 F.3d 1156, 1164-65, 64 USPQ2d 1375, 1380 (Fed. Cir. 2002)); see TMEP §1207.01.  
`
`Registrants own the marks GEMBA MARKETING, GEMBAWORKS, GEMBA, GEMBAKAIZEN with design, and GEMBA RESEARCH.
`Applicant has proposed the mark GEMBA PROCESS INNOVATION.
`
`Marks are compared in their entireties for similarities in appearance, sound, connotation, and commercial impression.  Stone Lion Capital
`Partners, LP v. Lion Capital LLP, 746 F.3d 1317, 1321, 110 USPQ2d 1157, 1160 (Fed. Cir. 2014) (quoting Palm Bay Imps., Inc. v. Veuve
`Clicquot Ponsardin Maison Fondee En 1772, 396 F.3d 1369, 1371, 73 USPQ2d 1689, 1691 (Fed. Cir. 2005)); TMEP §1207.01(b)-(b)(v). 
`“Similarity in any one of these elements may be sufficient to find the marks confusingly similar.”   In re Davia, 110 USPQ2d 1810, 1812 (TTAB
`2014) (citing In re 1st USA Realty Prof’ls, Inc. , 84 USPQ2d 1581, 1586 (TTAB 2007)); In re White Swan Ltd., 8 USPQ2d 1534, 1535 (TTAB
`1988)); TMEP §1207.01(b).
`
`Although marks are compared in their entireties, one feature of a mark may be more significant or dominant in creating a commercial
`impression.  See In re Viterra Inc., 671 F.3d 1358, 1362, 101 USPQ2d 1905, 1908 (Fed. Cir. 2012); In re Nat’l Data Corp. , 753 F.2d 1056,
`1058, 224 USPQ 749, 751 (Fed. Cir. 1985); TMEP §1207.01(b)(viii), (c)(ii).  Matter that is descriptive of or generic for a party’s goods and/or
`services is typically less significant or less dominant in relation to other wording in a mark.  See Anheuser-Busch, LLC v. Innvopak Sys. Pty Ltd.,
`115 USPQ2d 1816, 1824-25 (TTAB 2015) (citing In re Chatam Int’l Inc. , 380 F.3d 1340, 1342-43, 71 USPQ2d 1944, 1946 (Fed. Cir. 2004)).
`
`In the present case, the attached evidence shows that the wording GEMBA in the applied-for mark is merely descriptive of applicant’s goods
`and services.  Thus, this wording is less significant in terms of affecting the mark’s commercial impression, and renders the wording GEMBA
`the more dominant element of the mark.
`
`Consumers are generally more inclined to focus on the first word, prefix, or syllable in any trademark or service mark.  See Palm Bay Imps., Inc.
`
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`v. Veuve Clicquot Ponsardin Maison Fondee En 1772, 396 F.3d 1369, 1372, 73 USPQ2d 1689, 1692 (Fed. Cir. 2005) (“VEUVE . . . remains a
`‘prominent feature’ as the first word in the mark and the first word to appear on the label”);
`In re Integrated Embedded, 120 USPQ2d 1504,
`1513 (TTAB 2016) (“[T]he dominance of BARR in [a]pplicant’s mark BARR GROUP is reinforced by its location as the first word in the
`mark.”); Presto Prods., Inc. v. Nice-Pak Prods., Inc., 9 USPQ2d 1895, 1897 (TTAB 1988) (“it is often the first part of a mark which is most
`likely to be impressed upon the mind of a purchaser and remembered” when making purchasing decisions). In this case, the dominant portion of
`applicant’s mark, GEMBA, is the first term in each of the registered marks. The marks create a highly similar commercial impression.
`
`Registrants use the marks for “Advertising agency specializing in the design and execution of word of mouth, viral, buzz and experiential
`marketing programs;” “Event planning for marketing, branding, promoting or advertising the goods and services of others; Organizing,
`promoting and conducting exhibitions, tradeshows and events for business purposes;” “Process and asset control software used in
`manufacturing, laboratory information, industrial control systems, supervisory control and data acquisition systems;” “Business management
`consultation;” “Management and business management consulting services in the field of manufacturing, strategic and organization planning;
`advice relating to organization and management of business, advertising, promotion services and information relating thereto; business
`information services; services consisting of the collection, transcription, compilation and systemization of business information data; conducting
`marketing studies; business planning and business appraisal; conducting business surveys; marketing and business research; compilation and
`provision of business, trade and commercial information; arranging, conducting and organizing business or trade shows in the field of
`management; advisory services in the field of business conferences, seminars, and exhibitions; organization of business competitions;
`management services in the nature of literary agency services;” “market research, business research, business management consultation, and
`business management planning;” and “business management consultant services.”
`
`Applicant intends to use the mark for “computer data storage system, namely, computer data storage hardware and software for data archiving;
`computer data archive appliances, namely, optical disc drives, data archiver magazines in the nature of holders for optical discs; computer
`software for use in the management of multipoint video surveillance systems; digital cameras for industrial use; access control and alarm
`monitoring systems; electronic readers and controllers for controlling access to premises; OCR (optical character recognition) software; near field
`communication (NFC) technology-enabled readers; computer software for programming, controlling and operating programmable controllers
`used in production lines; computer software for processing images and graphics; computer software for use in the transmission of data and
`information; computer software to monitor and control factory manufacturing processes; database management software for visible light
`communication; database management software for location information; computer software for retail inventory management; three-dimensional
`measuring devices used to measure surfaces for optical devices and mechanical parts; computer backup and storage systems for surveillance
`images; computer software for management of enterprise data; intelligent security and surveillance systems, namely, computer hardware and
`software systems for image recognition for security and surveillance;” “providing information concerning commercial sales; business
`information; commercial information agency services; business management analysis; business consultancy; compilation and systematization of
`information into computer database;” “software as a service (SAAS) services featuring software for programming, controlling and operating
`programmable controllers used in production lines; software as a service (SAAS) services featuring software for processing images and graphics;
`software as a service (SAAS) services featuring software for use in the transmission of data and information; software as a service (SAAS)
`services featuring software used to monitor and control factory manufacturing processes; software as a service (SAAS) services featuring
`database management software for visible light communication; software as a service (SAAS) services featuring database management software
`for location information; providing a web hosting platform for process automation in manufacturing; providing a web hosting platform for
`processing images and graphics; providing a web hosting platform for monitoring and controlling factory manufacturing processes; providing a
`web hosting platform for managing and controlling beacon-based location systems and information; platform as a service (PAAS) featuring
`computer software platforms for use in image recognition, sound recognition, voice recognition, internet security, transmission of data, data
`mining, data query, data analysis and visualizing data; software as a service (SAAS) services featuring software for use in image recognition,
`sound recognition, voice recognition, internet security, transmission of data, data mining, data query, data analysis and visualizing data; software
`as a service (SAAS) services for use in image recognition, sound recognition, voice recognition, internet security, transmission of data, data
`mining, data query, data analysis and visualizing data.”
`
`The goods and services are compared to determine whether they are similar, commercially related, or travel in the same trade channels.  See
`Coach Servs., Inc. v. Triumph Learning LLC, 668 F.3d 1356, 1369-71, 101 USPQ2d 1713, 1722-23 (Fed. Cir. 2012); Herbko Int’l, Inc. v.
`Kappa Books, Inc., 308 F.3d 1156, 1165, 64 USPQ2d 1375, 1381 (Fed. Cir. 2002); TMEP §§1207.01, 1207.01(a)(vi). Determining likelihood of
`confusion is based on the description of the goods and services stated in the application and registration at issue, not on evidence of actual use. 
`See Stone Lion Capital Partners, LP v. Lion Capital LLP, 746 F.3d 1317, 1323, 110 USPQ2d 1157, 1162 (Fed. Cir. 2014) (quoting Octocom
`
`Sys. Inc. v. Hous. Computers Servs. Inc., 918 F.2d 937, 942, 16 USPQ2d 1783, 1787 (Fed. Cir. 1990)).  
`
`The applicant’s specified goods and services in Classes 9 and 42 are closely related to registrant’s process and asset control software used in
`manufacturing, laboratory information, industrial control systems, supervisory control and data acquisition systems because applicant’s software
`and software services include software to monitor and control factory manufacturing processes and software for controlling production and
`access. Applicant’s other storage products, surveillance devices, software, and software services encompass those used in manufacturing,
`laboratory information, industrial control systems, supervisory control and data acquisition systems and are thus closely related to registrant’s
`software because they encompass those used by the same consumers for the same purposes.
`
`Applicant’s commercial and business information, business analysis and consultation, and compilation and systemization of data services are
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`closely related to registrant’s advertising, marketing, and business services because applicant’s compilation and systematization of information
`services encompass the compilation and systemization of business information data in Registration No. 4078446. Applicant’s commercial and
`business information and business consulting services encompass those in the fields of advertising and marketing and business management
`offered by registrants.
`
`The services are identical in part and the goods are otherwise closely related.
`
`When confronted with identical services and closely related goods bearing highly similar marks, a consumer is likely to have the mistaken belief
`that the goods and services originate from the same source. Because this likelihood of confusion exists, registration as to the specified goods and
`services must be refused.
`
`Although applicant’s mark has been refused registration, applicant may respond to the refusal by submitting evidence and arguments in support
`of registration.
`
`PRIOR PENDING APPLICATIONS
`
`The filing dates of pending U.S. Application Serial Nos. 87804786 and 87804772 precede applicant’s filing date.  See attached referenced
`applications.  If one or more of the marks in the referenced applications register, applicant’s mark may be refused registration under Trademark
`Act Section 2(d) because of a likelihood of confusion with the registered mark(s).  See 15 U.S.C. §1052(d); 37 C.F.R. §2.83; TMEP §§1208 et
`seq.  Therefore, upon receipt of applicant’s response to this Office action, action on this application may be suspended pending final disposition
`of the earlier-filed referenced applications.
`
`In response to this Office action, applicant may present arguments in support of registration by addressing the issue of the potential conflict
`between applicant’s mark and the marks in the referenced applications.  Applicant’s election not to submit arguments at this time in no way
`limits applicant’s right to address this issue later if a refusal under Section 2(d) issues.
`
`However, applicant must address the following issues.
`
`IDENTIFICATION OF GOODS AND SERVICES
`
`The wording in the identification of goods and services must be clarified because it is too broad and could include goods and services in other
`
`international classes.  See TMEP §§1402.01, 1402.03.  
`
`In Class 7, applicant must specify the field of use for its food cutting and chopping machines.
`
`In Class 9, applicant must list particular telecommunication apparatus for video teleconferencing.
`
`Throughout the identification, applicant must replace the indefinite symbol “/” with commas or the wording “and.” Commas, semicolons, and
`apostrophes are the only punctuation that should be used in an identification of goods and/or services.  TMEP §1402.01(a).
`
`Applicant must further specify the type of multi-function printers and signaling lamps.
`
`The identification for “POS (point of sales) systems” is indefinite and must be clarified because the wording does not make clear the nature of
`the specific systems.  See 37 C.F.R. §2.32(a)(6); TMEP §1401.05(d).  Applicant must clarify the goods by listing the system’s parts or
`components, using common generic terms and referencing the primary parts or components of the system first.  See 37 C.F.R. §2.32(a)(6);
`TMEP §§1401.05(d), 1402.01, 1402.03(a).  Additionally, this wording should be classified in the same international class as the primary parts or
`
`components of the system.   See TMEP §1401.05(d).  
`
`In Class 11, applicant must clarify the nature of its lighting apparatus in the wording “lighting apparatus and installations.”
`
`Applicant must also clarify the nature of its stage lighting apparatus, germicidal lamps, cycle lights, ventilating fans, electric cookers, electric
`cooling pans, ice makers, electric cool boxes, electric heating apparatus, and water boilers.
`
`Applicant has classified “motion sensitive security lights” in International Class 11; however, the proper classification is International Class 9.  
`Therefore, applicant may respond by (1) reclassifying these goods in the proper international class or (2) deleting “motion sensitive security
`
`lights” from the application.   See 37 C.F.R. §§2.86(a), 6.1; TMEP §§1403.02 et seq.  
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`In Class 35, applicant must clarify the nature of its energy management and monitoring services and the field of its information concerning
`commercial sales.
`
`Applicant has classified “research and development of new products for others” in International Class 35; however, the proper classification is
`International Class 42.  Therefore, applicant may respond by (1) reclassifying these services in the proper international class or (2) deleting
`
`“motion sensitive security lights” from the application.   See 37 C.F.R. §§2.86(a), 6.1; TMEP §§1403.02 et seq.  
`
`The identification of services in Class 37 is acceptable as written.
`
`In Class 38, applicant must clarify the nature of its data transmission and telecommunication services and technical consultation in the field of
`data communications and telecommunications.
`
`In Class 42, applicant must clarify the nature of its monitoring of computer systems by remote access; technical support services relating to
`computer software, telecommunications and the Internet; maintenance of computer systems for energy management and monitoring; software as
`a service (SAAS) services for energy management and monitoring; conducting surveys on energy consumption and providing information
`thereof; consultancy and information in the field of energy saving and efficiency; testing and analysis of network connection; software as a
`service (SAAS) services for use in image recognition, sound recognition, voice recognition, internet security, transmission of data, data mining,
`data query, data analysis and visualizing data; and providing technical and customer support.
`
`The following wording is suggested, if accurate:
`
`industrial surface
`robots; electric soldering machines; computer chip mounting machines;
`industrial
`“Electric welding machines;
`treatment equipment, namely, plasma washing machines; electric arc welding machines; precision machine tools, namely, metal cutting
`machines by use of arc, gas or plasma; welding electrodes; power-operated electronic component placement machines; power-operated
`electronic component
`insertion machines; electric soldering paste printing machines; micro soldering machines; power-operated
`adhesive dispensing machines for electronic component placement; power-operated electronic component feeding machines; electronic
`die bonding machines;
`flip chip bonding machines for semiconductors; electronic machines for assembling flat panel displays;
`electronic dry etching machines;
`laser processing machines; CO2 laser oscillator machines for soldering,
`jointing and processing;
`electronic wafer dicing machines; machines for producing chemical fiber; mixing machines; cutting machines; food mixing machines;
`food cutting machines for [applicant must specify, e.g., commercial use, household use]; food chopping machines for [applicant must specify,
`e.g., commercial use, household use]; electric hand mixers; electric food processors; electric coffee mills; electric food blenders; electric juicers;
`electric meat grinders; vending machines; multi-function 3D printers” in International Class 7
`
`liquid crystal displays;
`lenses; camcorders; camcorders for professional use;
`lenses; aspherical
`“Cameras; digital still cameras; optical
`wireless liquid crystal displays; digital signage monitors; digital light processing projectors; LCD projectors; lenses for LCD projectors;
`lenses for digital light processing projectors; lamps for LCD projectors; lamps for digital light processing projectors; SD (secure digital)
`memory cards;
`IC memory cards; blank optical discs; computer data storage system, namely, computer data storage hardware and
`software for data archiving; computer data archive appliances, namely, optical disc drives, data archiver magazines in the nature of
`holders for optical discs; data processing equipment, namely, computers; computers and computer peripheral devices; tablet computers;
`telecommunication apparatus for video teleconferencing, namely, [applicant must specify, e.g., cameras, audio transmitter units, etc.]; computer
`software for video teleconferencing; OFDM (orthogonal frequency division multiplexing) modulators for in-building; optical disc recorders;
`optical disc players; optical disc changers; optical disc players, recorders, and drives and parts thereof; IC memory and hard disc players and
`recorders; microphones; wireless microphone systems consisting of wireless microphones, wireless transmitters, wireless powered speakers,
`wireless receivers, wireless amplifiers, diversity tuners; digital audio broadcast machines and apparatus for in-building; apparatus for
`broadcasting, recording, transmission or reproduction of sound or images; amplifiers; power amplifiers; video switchers; video mixers; digital
`audiovisual mixers; cable television systems comprising set-top boxes; CATV digital set top boxes; surveillance cameras; network cameras;
`communication and surveillance systems for apartments and condominium buildings, namely, hardware and software for use in communication
`and surveillance in apartments and condominium buildings; digital video recorders; video recorders for professional use; network disk recorders;
`computer software for use in the management of multipoint video surveillance systems; digital cameras for industrial use; access control and
`alarm monitoring systems; electronic readers and controllers for controlling access to premises; IP telephones; telephones; PLC (power line
`communication) adapters; electronic blackboards; electronic whiteboards; image scanners; OCR (optical character recognition) software; multi-
`function document printers;
`facsimile transceivers; bar code readers; bar code scanners; portable data terminals;
`thermal printers;
`electronic cash registers; POS (point of sales) systems comprising [applicant must specify, e.g., point-of-sale terminals, bar code readers,
`optical readers, advertisement display monitors, keyboards, printers, scanners, radio transmitters, radio receivers, computer hardware, and
`computer operating software];
`terminal for POS (point of sales) systems; electronic card readers and writers; card readers for credit
`cards; multi-functional electronic payment
`terminals; near
`field communication (NFC)
`technology-enabled readers; magnetic coded
`card readers; computer
`software for programming, controlling and operating programmable controllers used in production lines;
`computer software for processing images and graphics; computer operating software for use with medical and beauty care apparatus;
`computer software for use in the transmission of data and information; computer software for use in customer relationship management;
`computer
`software
`to monitor
`and control
`factory manufacturing processes; database management
`software for visible
`light
`communication; database management software for
`location information; computer software for retail
`inventory management;
`three-
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`dimensional measuring devices used to measure surfaces for optical devices and mechanical parts; computer backup and storage
`systems for surveillance images; computer software for management of enterprise data; intelligent security and surveillance systems,
`namely, computer hardware and software systems for
`image recognition for security and surveillance; computer servers; batteries;
`electric accumulators; solar batteries; electric converters; solar panels for electricity generation; electric wiring devices with sensors,
`namely,
`thermosensitive switches,
`illuminance sensor switches and infrared sensor switches; electrical connectors; electric switches;
`electric sockets; dimmer switches;
`time switches; magnetic switches;
`light dimmer control switches; switchboards; electric switch
`boxes; electric cables; electricity conduits; electrical ducts; electric cable racks;
`lighting ballasts; circuit breakers; electromagnetic
`switches; electric circuit protectors;
`thermal
`surge protectors; power distributing boxes; electrical outlets; power strips; current
`converters; electrical outlet covers; electrical outlet plates; antennas; aerials; power distribution boards; electric power monitoring units;
`electric control panels; electronic indicator panels; electrical
`terminators, electrical
`terminal boxes;
`indicator lights; signaling lamps in
`the nature of [applicant must specify, e.g., rotating lights]; modular jacks for telephones; electrical adaptors; power adapters; earth terminals;
`electrical power extension cords; modular jacks for networks; warning apparatus and instruments, namely, emergency warning lights; video
`intercoms; intercoms; gas leak alarms; anti-theft warning apparatus, namely, theft alarms, burglar alarms; electronic glass break detectors;
`passive infrared detectors; infrared detectors; electric door chimes; radio receivers and transmitters; electric buzzers; fire alarms; fire and smoke
`detectors; emergency alarms; electric warning lights; emergency signaling lights; emergency warning lights; electric locks; illuminated exit signs;
`optical fiber cables; apparatus for distributing or controlling electricity, namely, electronic display interfaces, electricity distribution consoles;
`electric power controllers; electric power distributors; motion sensitive security lights” in International Class 9
`
`“Lighting apparatus, namely, lighting installations; electric light bulbs; incandescent lamps; miniature light bulbs; discharge lamps; film and
`theatrical stage lighting apparatus; wall lights; ceiling lights; germicidal lamps for purifying air; chandeliers; downlights; sockets for electric
`lights; spotlights; safety lamps;
`light diffusers; searchlights; bicycle lights; electric fans; air-conditioning, air cooling and ventilating
`apparatus and instruments; dehumidifiers; humidifiers; ceiling fans; ventilating fans for [applicant must specify, e.g., household use,
`commercial use, etc.]; electrostatic precipitators for cleaning air; electric air blowers for air conditioning or ventilating; air purifying
`apparatus and machines; filters for air purifiers; range hoods; water heaters; heat pumps; ventilation hoods; electric kettles; electric
`cooking pots; electric pressure cookers; electric rice cookers; electric rice warmers; electric food warmers; electric ice cream makers;
`electric cooking stoves; gas cookers;