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 09/20/2020)
`
`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
`
`87931965
`
`LAW OFFICE 114
`
`https://tmng-al.uspto.gov/resting2/api/img/87931965/large
`
`SWINGEYE
`
`YES
`
`YES
`
`The mark consists of standard characters, without claim to any particular font style,
`size or color.
`
`GOODS AND/OR SERVICES SECTION (current)
`
`INTERNATIONAL CLASS
`
`DESCRIPTION
`
`009
`
`Video cameras; Surveillance cameras; Image recording apparatus; Image recording apparatus, namely, encoders and encoder software; Image
`decoding apparatus, namely, decoders and decoder software; Computer software for surveillance and monitoring
`
`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)
`
`2018-048041
`
`Japan
`
`04/16/2018
`
`009
`
`Video cameras; Surveillance cameras; Image recording apparatus; Image recording apparatus, namely, encoders and encoder software; Image
`recording apparatus, namely, encoders and encoder software for converting digital images into digital code; Image decoding apparatus,
`namely, decoders and decoder software; Image decoding apparatus, namely, decoders and decoder software for converting digital code into
`digital images; Computer software for surveillance and monitoring; Computer software for controlling surveillance and monitoring equipment
`
`FINAL DESCRIPTION
`
`Video cameras; Surveillance cameras; Image recording apparatus; Image recording apparatus, namely, encoders and encoder software for
`converting digital images into digital code; Image decoding apparatus, namely, decoders and decoder software for converting digital code into
`digital images; Computer software for controlling surveillance and monitoring equipment
`
`FILING BASIS
`
`FILING BASIS
`
`       FOREIGN APPLICATION NUMBER
`
`       FOREIGN APPLICATION COUNTRY
`
`Section 1(b)
`
`Section 44(d)
`
`2018-048041
`
`Japan
`
`

`

`       FOREIGN FILING DATE
`
`04/16/2018
`
`       INTENT TO
`       PERFECT 44(d)
`
`ADDITIONAL STATEMENTS SECTION
`
`MISCELLANEOUS STATEMENT
`
`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
`
`At this time, the applicant intends to rely on Section 44(e) as a basis for registration
`and requests that the application be suspended to await the submission of the foreign
`registration. If ultimately the applicant does not rely on §44(e) as a basis for
`registration, a valid claim of priority may be retained.
`
`Japanese Application No. 2018-048041 has yet to register. Accordingly, Applicant
`respectfully requests that this application be suspended pending registration of the
`Japanese application
`
`/Sarah G. Voeller/
`
`Sarah G. Voeller
`
`Attorney of record, MN bar member
`
`612.455.3800
`
`11/26/2018
`
`YES
`
`Mon Nov 26 12:25:36 EST 2018
`
`USPTO/ROA-XX.XXX.XXX.XX-2
`0181126122536764876-87931
`965-6104cb25c5d74e599bfcf
`a0c2dba2e06f58c88ec668c05
`7ecae84a4aa6669461-N/A-N/
`A-20181126111144556889
`
`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 09/20/2020)
`
`To the Commissioner for Trademarks:
`
`Response to Office Action
`
`Application serial no. 87931965 SWINGEYE(Standard Characters, see https://tmng-al.uspto.gov/resting2/api/img/87931965/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 Video cameras; Surveillance cameras; Image recording apparatus; Image recording apparatus, namely, encoders and
`encoder software; Image decoding apparatus, namely, decoders and decoder software; Computer software for surveillance and monitoring
`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[ Japan application number
`2018-048041 filed 04/16/2018]. 15 U.S.C.Section 1126(d), as amended.
`
`Proposed:
`Tracked Text Description: Video cameras; Surveillance cameras; Image recording apparatus; Image recording apparatus, namely, encoders and
`encoder software; Image recording apparatus, namely, encoders and encoder software for converting digital images into digital code; Image
`decoding apparatus, namely, decoders and decoder software; Image decoding apparatus, namely, decoders and decoder software for converting
`digital code into digital images; Computer software for surveillance and monitoring; Computer software for controlling surveillance and
`monitoring equipment
`
`Class 009 for Video cameras; Surveillance cameras; Image recording apparatus; Image recording apparatus, namely, encoders and encoder
`software for converting digital images into digital code; Image decoding apparatus, namely, decoders and decoder software for converting digital
`code into digital images; Computer software for controlling surveillance and monitoring equipment
`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 [ Japan application number
`2018-048041 filed 04/16/2018]. 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 and requests that the
`application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for
`registration, a valid claim of priority may be retained.
`
`ADDITIONAL STATEMENTS
`Miscellaneous Statement
`Japanese Application No. 2018-048041 has yet to register. Accordingly, Applicant respectfully requests that this application be suspended
`pending registration of the Japanese application
`
`SIGNATURE(S)
`Response Signature
`Signature: /Sarah G. Voeller/     Date: 11/26/2018
`Signatory's Name: Sarah G. Voeller
`Signatory's Position: Attorney of record, MN bar member
`
`Signatory's Phone Number: 612.455.3800
`
`

`

`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 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. attorney or a Canadian attorney/agent
`not currently associated with his/her company/firm previously represented the owner/holder in this matter: (1) the owner/holder 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 owner/holder has filed a power of attorney appointing him/her in this matter; or (4) the owner's/holder'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: 87931965
`Internet Transmission Date: Mon Nov 26 12:25:36 EST 2018
`TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XX-2018112612253676
`4876-87931965-6104cb25c5d74e599bfcfa0c2d
`ba2e06f58c88ec668c057ecae84a4aa6669461-N
`/A-N/A-20181126111144556889
`
`        
` 
`