Response to Office Action

SWELL

Ripple Labs Inc.

Response to Office Action

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


The table below presents the data as entered.

Input Field
Entered
SERIAL NUMBER 87502590
LAW OFFICE ASSIGNED LAW OFFICE 103
MARK SECTION
MARK http://uspto.report/TM/87502590/mark.png
LITERAL ELEMENT SWELL
STANDARD CHARACTERS YES
USPTO-GENERATED IMAGE YES
MARK STATEMENT The mark consists of standard characters, without claim to any particular font style, size or color.
EVIDENCE SECTION
        EVIDENCE FILE NAME(S)
       ORIGINAL PDF FILE evi_1742082117-20180223155513662616_._R3012_81938US01_SWELL_Response_to_Office_Action.pdf
       CONVERTED PDF FILE(S)
       (8 pages)
\\TICRS\EXPORT17\IMAGEOUT17\875\025\87502590\xml6\ROA0002.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\875\025\87502590\xml6\ROA0003.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\875\025\87502590\xml6\ROA0004.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\875\025\87502590\xml6\ROA0005.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\875\025\87502590\xml6\ROA0006.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\875\025\87502590\xml6\ROA0007.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\875\025\87502590\xml6\ROA0008.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\875\025\87502590\xml6\ROA0009.JPG
       ORIGINAL PDF FILE evi_1742082117-20180223155513662616_._Attachment_A__-_Blockchain_Wikipedia_Article.pdf
       CONVERTED PDF FILE(S)
       (19 pages)
\\TICRS\EXPORT17\IMAGEOUT17\875\025\87502590\xml6\ROA0010.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\875\025\87502590\xml6\ROA0011.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\875\025\87502590\xml6\ROA0012.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\875\025\87502590\xml6\ROA0013.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\875\025\87502590\xml6\ROA0014.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\875\025\87502590\xml6\ROA0015.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\875\025\87502590\xml6\ROA0016.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\875\025\87502590\xml6\ROA0017.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\875\025\87502590\xml6\ROA0018.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\875\025\87502590\xml6\ROA0019.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\875\025\87502590\xml6\ROA0020.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\875\025\87502590\xml6\ROA0021.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\875\025\87502590\xml6\ROA0022.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\875\025\87502590\xml6\ROA0023.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\875\025\87502590\xml6\ROA0024.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\875\025\87502590\xml6\ROA0025.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\875\025\87502590\xml6\ROA0026.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\875\025\87502590\xml6\ROA0027.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\875\025\87502590\xml6\ROA0028.JPG
DESCRIPTION OF EVIDENCE FILE Please see the actual argument text attached within the Evidence section
GOODS AND/OR SERVICES SECTION (036)(current)
INTERNATIONAL CLASS 036
DESCRIPTION
Providing information in the field of finance; financial information; providing financial information
FILING BASIS Section 1(b)
GOODS AND/OR SERVICES SECTION (036)(proposed)
INTERNATIONAL CLASS 036
TRACKED TEXT DESCRIPTION
Providing information in the field of finance; Providing information in the field of finance, namely, information regarding blockchain financial transactions and related digital assets, all of the foregoing excluding financial management and investment services for others; financial information; providing financial information
FINAL DESCRIPTION
Providing information in the field of finance, namely, information regarding blockchain financial transactions and related digital assets, all of the foregoing excluding financial management and investment services for others
FILING BASIS Section 1(b)
GOODS AND/OR SERVICES SECTION (041)(current)
INTERNATIONAL CLASS 041
DESCRIPTION
Educational services, namely, conducting classes, seminars, conferences or workshops in the field of financial transactions, and distribution of educational materials in connection therewith; educational services, namely, conducting programs in the field of financial transactions; providing education in the field of finance
FILING BASIS Section 1(b)
GOODS AND/OR SERVICES SECTION (041)(proposed)
INTERNATIONAL CLASS 041
TRACKED TEXT DESCRIPTION
Educational services, namely, conducting classes, seminars, conferences or workshops in the field of financial transactions, and distribution of educational materials in connection therewith; : Educational services, namely, conducting classes, seminars, conferences or and workshops in the field of blockchain financial transactions and related digital assets, and distribution of educational materials in connection therewith; educational services, namely, conducting programs in the field of financial transactions; educational services, namely, conducting programs in the field of blockchain financial transactions and related digital assets; providing education in the field of finance; providing educational classes, seminars, conferences and workshops in the field of blockchain finance, all of the foregoing excluding financial management and investment services for others
FINAL DESCRIPTION
: Educational services, namely, conducting classes, seminars, conferences or and workshops in the field of blockchain financial transactions and related digital assets, and distribution of educational materials in connection therewith; educational services, namely, conducting programs in the field of blockchain financial transactions and related digital assets; providing educational classes, seminars, conferences and workshops in the field of blockchain finance, all of the foregoing excluding financial management and investment services for others
FILING BASIS Section 1(b)
SIGNATURE SECTION
RESPONSE SIGNATURE /Richard C. Gilmore/
SIGNATORY'S NAME Richard C. Gilmore
SIGNATORY'S POSITION Attorney of Record, California bar member
SIGNATORY'S PHONE NUMBER 435-252-1360
DATE SIGNED 02/23/2018
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Fri Feb 23 16:16:43 EST 2018
TEAS STAMP USPTO/ROA-XXX.XXX.X.XXX-2
0180223161643856165-87502
590-5104d152fa9ed11270937
f6c8a9a3a35d6881ae2b14133
3503334d6bf9973b710-N/A-N
/A-20180223155513662616



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


To the Commissioner for Trademarks:

Application serial no. 87502590 SWELL(Standard Characters, see http://uspto.report/TM/87502590/mark.png) has been amended as follows:

EVIDENCE
Evidence in the nature of Please see the actual argument text attached within the Evidence section has been attached.
Original PDF file:
evi_1742082117-20180223155513662616_._R3012_81938US01_SWELL_Response_to_Office_Action.pdf
Converted PDF file(s) ( 8 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Evidence-6
Evidence-7
Evidence-8
Original PDF file:
evi_1742082117-20180223155513662616_._Attachment_A__-_Blockchain_Wikipedia_Article.pdf
Converted PDF file(s) ( 19 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Evidence-6
Evidence-7
Evidence-8
Evidence-9
Evidence-10
Evidence-11
Evidence-12
Evidence-13
Evidence-14
Evidence-15
Evidence-16
Evidence-17
Evidence-18
Evidence-19

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 036 for Providing information in the field of finance; financial information; providing financial information
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.

Proposed:
Tracked Text Description: Providing information in the field of finance; Providing information in the field of finance, namely, information regarding blockchain financial transactions and related digital assets, all of the foregoing excluding financial management and investment services for others; financial information; providing financial informationClass 036 for Providing information in the field of finance, namely, information regarding blockchain financial transactions and related digital assets, all of the foregoing excluding financial management and investment services for others
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.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 041 for Educational services, namely, conducting classes, seminars, conferences or workshops in the field of financial transactions, and distribution of educational materials in connection therewith; educational services, namely, conducting programs in the field of financial transactions; providing education in the field of finance
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.

Proposed:
Tracked Text Description: Educational services, namely, conducting classes, seminars, conferences or workshops in the field of financial transactions, and distribution of educational materials in connection therewith; : Educational services, namely, conducting classes, seminars, conferences or and workshops in the field of blockchain financial transactions and related digital assets, and distribution of educational materials in connection therewith; educational services, namely, conducting programs in the field of financial transactions; educational services, namely, conducting programs in the field of blockchain financial transactions and related digital assets; providing education in the field of finance; providing educational classes, seminars, conferences and workshops in the field of blockchain finance, all of the foregoing excluding financial management and investment services for othersClass 041 for : Educational services, namely, conducting classes, seminars, conferences or and workshops in the field of blockchain financial transactions and related digital assets, and distribution of educational materials in connection therewith; educational services, namely, conducting programs in the field of blockchain financial transactions and related digital assets; providing educational classes, seminars, conferences and workshops in the field of blockchain finance, all of the foregoing excluding financial management and investment services for others
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.

SIGNATURE(S)
Response Signature
Signature: /Richard C. Gilmore/     Date: 02/23/2018
Signatory's Name: Richard C. Gilmore
Signatory's Position: Attorney of Record, California bar member

Signatory's Phone Number: 435-252-1360

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: 87502590
Internet Transmission Date: Fri Feb 23 16:16:43 EST 2018
TEAS Stamp: USPTO/ROA-XXX.XXX.X.XXX-2018022316164385
6165-87502590-5104d152fa9ed11270937f6c8a
9a3a35d6881ae2b141333503334d6bf9973b710-
N/A-N/A-20180223155513662616


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