Response to Office Action

PTO Form 1957 (Rev 9/2005)

OMB No. 0651-0050 (Exp. 04/2009)

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PTO Form 1957 (Rev 9/2005)

OMB No. 0651-0050 (Exp. 04/2009)

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 77112859 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 042 for Computer services, namely creating indexes of information, sites and other resources available on computer networks
Original Filing Basis:
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 06/01/2006 and first used in commerce at least as early as 01/15/2007, and is now in use in such commerce.

Proposed: Class 042 for Computer services, namely creating indexes of information, sites and other resources available on computer networks
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 06/01/2006 and first used in commerce at least as early as 01/15/2007, and is now in use in such commerce.
Applicant hereby submits a new specimen for Class 042. The specimen(s) submitted consists of Introduction --> The attached specimens demonstrate how a customer may purchase the MyPrivacy service offered under the ReputationDefender brand. The service is available of purchase by any Internet user in the United States, and customers have purchased MyPrivacy in 8 different states. Please note that these particular specimens have been in use in commerce since September 1, 2007, the date that ReputationDefender launched the Company's new website design. ReputationDefender had been selling the MyPrivacy service since January 15, 2007. A previous visual design of the site was used, but the services were still sold under the ReputationDefender brand through a functionally equivalent site. The previous design of the ReputationDefender homepage is provided in Specimen #7 The first use of the SM, MyPrivacy was on June 1, 2006. "MyPrivacy" was used as the name for the MyPrivacy service in ReputationDefender's business plan. The plan was distributed to potential employees and investors. "MyPrivacy" was also used as early as June 1, 2006 in inter-state email communications. MyPrivacy Sign Up Process ---> MyPrivacy creates an index of all websites containing a customer's personal information, including name, address history, phone numbers, martial status, social security numbers, etc. This index of websites and the matching index of a customer's personal data are shown to the customer on the ReputationDefender website and within the customer's username and password protected customer dashboard. The first step a customer takes to purchase MyPrivacy is to arrive at the ReputationDefender Internet homepage, shown in Specimen # 1. The second step a customer takes is to click on the MyPrivacy button. This button takes the customer to the MyPrivacy webpage, housed within the ReputationDefender website. The MyPrivacy webpage is shown in Specimen # 2. On this page, the customer is told about how MyPrivacy collects and then controls his/her personal information on the Internet. The advertisement page also provides a screenshot sample of the MyPrivacy Dashboard. The Dashboard is ReputationDefender's password protected interface that customers use to learn about and control their personal information. The third step a customer takes to purchase MyPrivacy service is to click on the "sign up now" button. This button takes the customer to ReputationDefender Registration Step 1, shown in Specimen # 3. Here the customer: (1) fills in his/her basic personal information, (2) contact information, (3) username, (4) password, and (5) agrees with ReputationDefender's User Agreement. The fourth step a customer takes is to agree with the ReputationDefender User Agreement. After clicking on the User Agreement, the customer is taken to ReputationDefender Registration Step 2, shown in Specimen # 4. Here the customer (1) selects the MyPrivacy service, (2) provides ReputationDefender with credit/debit card information, and (3) provides a billing address. At Registration Step 2, please see that the customer is able to review the accuracy of his/her personal information on the right side of webpage. The fifth step a customer takes is to click the "proceed" button on the Registration Step 2 webpage. This action takes the customer to the MyPrivacy Registration Completion webpage, shown in Specimen # 5. This webpage tells the customer that his/her order is complete and that the subscription has begun. It also invites the customer to click the "Start My Report Now" button. By clicking this button, the user will receive his/her first MyPrivacy Report. The MyPrivacy report details a customer's personal information available across many personal data management websites. At this point, the process a customer will go through to sign up for a MyPrivacy report is complete. This entire process is completed on the ReputationDefender website. A customer who has signed up with ReputationDefender's services may come to the ReputationDefender website at any point to view his/her MyPrivacy Dashboard, shown in Specimen # 6. The MyPrivacy Dashboard allows customers to: (1) view the most recent report of their personal information on the Internet, (2) allows customers to view past reports, and (3) allows customers to update their customer profiles..
For an application based on 1(a), Use in Commerce, "The substitute specimen(s) was in use in commerce as of the filing date of the application."
Original PDF file:
SPU0-7519914740-223417471_._ReputationDefender_Homepage__sp_1.pdf
Converted PDF file(s) (1 page)
Specimen File1
Original PDF file:
SPU0-7519914740-223417471_._Product_Advertisement_Page__MyPrivacy__sp_2.pdf
Converted PDF file(s) (1 page)
Specimen File1
Original PDF file:
SPU0-7519914740-223417471_._Registration_Step_1__sp_3.pdf
Converted PDF file(s) (1 page)
Specimen File1
Original PDF file:
SPU0-7519914740-223417471_._Registration_Step_2__sp_4.pdf
Converted PDF file(s) (1 page)
Specimen File1
Original PDF file:
SPU0-7519914740-223417471_._Registration_Complete__MyPrivacy__sp_5.pdf
Converted PDF file(s) (1 page)
Specimen File1
Original PDF file:
SPU0-7519914740-223417471_._Dashboard__MyPrivacy__sp_6.pdf
Converted PDF file(s) (1 page)
Specimen File1
Original PDF file:
SPU0-7519914740-223417471_._ReputationDefender_-_Homepage_-_October_9__2006__sp_7.pdf
Converted PDF file(s) (1 page)
Specimen File1

APPLICANT AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: ReputationDefender, Inc., a corporation of Delaware, having an address of 2023 Cherokee Parkway Suite 18 Louisville, Kentucky United States 40204, whose phone number is 617-905-3468.
Proposed: ReputationDefender, Inc., a corporation of Delaware, having an address of 3723 Haven Ave., Suite 132 Menlo Park, California United States 94025, whose e-mail address is XXXX, whose phone number is 650-206-2404 and whose fax number is 650-284-2277.

CORRESPONDENCE ADDRESS CHANGE
Applicant proposes to amend the following:
Current: REPUTATIONDEFENDER, INC. REPUTATIONDEFENDER, INC. 2023 CHEROKEE PKWY APT 18 LOUISVILLE, KY 40204-5203
Proposed: Ross Chanin of ReputationDefender, Inc., having an address of 3723 Haven Ave., Suite 132 Menlo Park, California United States 94025, whose e-mail address is chanin@reputationdefender.com, whose phone number is 650-206-2404 and whose fax number is 650-284-2277.

SIGNATURE(S)
Declaration Signature
If the applicant is seeking registration under Section 1(b) and/or Section 44 of the Trademark Act, the applicant had a bona fide intention to use or use through the applicant's related company or licensee the mark in commerce on or in connection with the identified goods and/or services as of the filing date of the application. 37 C.F.R. Secs. 2.34(a)(2)(i); 2.34 (a)(3)(i); and 2.34(a)(4)(ii). If the applicant is seeking registration under Section 1(a) of the Trademark Act, the mark was in use in commerce on or in connection with the goods or services listed in the application as of the application filing date. 37 C.F.R. Secs. 2.34(a)(1)(i). The undersigned, being hereby warned that willful false statements and the like so made are punishable by fine or imprisonment, or both, under 18 U.S.C. §1001, and that such willful false statements may jeopardize the validity of the application or any resulting registration, declares that he/she is properly authorized to execute this application on behalf of the applicant; he/she believes the applicant to be the owner of the trademark/service mark sought to be registered, or, if the application is being filed under 15 U.S.C. §1051(b), he/she believes applicant to be entitled to use such mark in commerce; to the best of his/her knowledge and belief no other person, firm, corporation, or association has the right to use the mark in commerce, either in the identical form thereof or in such near resemblance thereto as to be likely, when used on or in connection with the goods/services of such other person, to cause confusion, or to cause mistake, or to deceive; that if the original application was submitted unsigned, that all statements in the original application and this submission made of the declaration signer's knowledge are true; and all statements in the original application and this submission made on information and belief are believed to be true.

Signature: /Ross Chanin/      Date: 09/18/2007
Signatory's Name: Ross Chanin
Signatory's Position: Founder & Director of Operations

Response Signature
Signature: /Ross Chanin/     Date: 09/18/2007
Signatory's Name: Ross Chanin
Signatory's Position: Founder & Director of Operations

The signatory has confirmed that he/she is not represented by either an authorized attorney or Canadian attorney/agent, and that he/she is either (1) the applicant or (2) a person(s) with legal authority to bind the applicant; and if an authorized U.S. attorney or Canadian attorney/agent previously represented him/her in this matter, either he/she has filed a signed revocation of power of attorney with the USPTO or the USPTO has granted the request of his/her prior representative to withdraw.

Mailing Address:    Ross Chanin
   ReputationDefender, Inc.
   3723 Haven Ave., Suite 132
   Menlo Park, California 94025
        
Serial Number: 77112859
Internet Transmission Date: Tue Sep 18 22:51:44 EDT 2007
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XX-2007091822514445
3550-77112859-4001e6a29176f1cc42b40c29ee
8cfa37b-N/A-N/A-20070918223417471835