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 2194 (Rev 03/2012) |
| OMB No. 0651-0054 (Exp 12/31/2020) |
Petition To Revive Abandoned Application - Failure To Respond Timely To Office Action
The table below presents the data as entered.
Input Field
|
Entered
|
| SERIAL NUMBER |
79244709 |
| LAW OFFICE ASSIGNED |
LAW OFFICE 118 |
| DATE OF NOTICE OF ABANDONMENT |
07/19/2019 |
| PETITION |
| PETITION STATEMENT |
Applicant has firsthand knowledge that the failure to respond to the Office Action by the specified deadline was unintentional, and
requests the USPTO to revive the abandoned application. |
| RESPONSE TO OFFICE ACTION |
| MARK SECTION |
| MARK |
http://uspto.report/TM/79244709/mark.png |
| LITERAL ELEMENT |
WIREX |
| 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_662821829-20190917124921136748_._WIREX_-_Arguments.pdf |
CONVERTED PDF FILE(S)
(7 pages) |
\\TICRS\EXPORT17\IMAGEOUT17\792\447\79244709\xml10\POA0002.JPG |
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\\TICRS\EXPORT17\IMAGEOUT17\792\447\79244709\xml10\POA0003.JPG |
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\\TICRS\EXPORT17\IMAGEOUT17\792\447\79244709\xml10\POA0004.JPG |
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\\TICRS\EXPORT17\IMAGEOUT17\792\447\79244709\xml10\POA0005.JPG |
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\\TICRS\EXPORT17\IMAGEOUT17\792\447\79244709\xml10\POA0006.JPG |
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\\TICRS\EXPORT17\IMAGEOUT17\792\447\79244709\xml10\POA0007.JPG |
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\\TICRS\EXPORT17\IMAGEOUT17\792\447\79244709\xml10\POA0008.JPG |
| ORIGINAL PDF FILE |
evi_662821829-20190917124921136748_._Exhibits_A-C.pdf |
CONVERTED PDF FILE(S)
(3 pages) |
\\TICRS\EXPORT17\IMAGEOUT17\792\447\79244709\xml10\POA0009.JPG |
| |
\\TICRS\EXPORT17\IMAGEOUT17\792\447\79244709\xml10\POA0010.JPG |
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\\TICRS\EXPORT17\IMAGEOUT17\792\447\79244709\xml10\POA0011.JPG |
| DESCRIPTION OF EVIDENCE FILE |
Arguments and Exhibits A-C. |
| GOODS AND/OR SERVICES SECTION (009)(current) |
| INTERNATIONAL CLASS |
009 |
| DESCRIPTION |
| Computer software; computer software for productivity programmes or end-user programmes; computer software, including application
software, for the provision of banking, financial and equity trading services; computer software, including application software, for electronic financial exchanges; computer software including
application software, for automated methods of moving money, financial orders and financial instruments; computer software, including application software, to facilitate electronic contactless
payments; computer software, including application software for payments via a mobile device at a point of sale; computer software, including application software for automated banking; computer
software including application software, to handle electronic payments via prepaid cards, wireless wallets, mobile wallets, electronic wallets, wireless credit, debit and prepaid cards; application
software; computer software to run terminals running near field communication (NFC) technology; computer software, including application software, for bank account management services, monetary
transfer services, payment services, financial analysis, financial reports and financial management services; computer software including application software for foreign currency exchange services,
financial orders or exchanges; computer software for use in displaying and managing financial product portfolios and orders; electronic downloadable publications, newsletters, magazines, periodicals,
pamphlets and leaflets; magnetic and machine readable cards being encoded or capable of being encoded; cards for obtaining and storing information; authorisation cards, authentication cards; credit
cards; debit cards; cheque cards; smart cards; swipe cards; loyalty cards; payment or pre-payment cards; computer hardware; computer hardware for the provision of banking, financial and equity
trading services; computer hardware for electronic financial exchanges; computer hardware to facilitate moving money, financial orders and financial instruments; computer hardware to facilitate
electronic contactless payments; computer hardware being a mobile device to handle electronic payments via prepaid cards, wireless wallets, mobile wallets, electronic wallets, wireless credit, debit
and prepaid cards; computer hardware to run terminals running near field communication (NFC) technology; parts and fittings for all the aforesaid goods |
| GOODS AND/OR SERVICES SECTION (009)(proposed) |
| INTERNATIONAL CLASS |
009 |
| TRACKED TEXT DESCRIPTION |
Computer software; Computer software for financial and
cryptocurrency transactions; computer software for productivity programmes or end-user programmes; computer software for
productivity programmes or end-user programmes, for financial and cryptocurrency transactions; computer software, including application software, for the
provision of banking, financial and equity trading services; computer software, and computer application software for financial and cryptocurrency transactions
available on mobile phones, computers and handheld computers for the provision of banking, financial and equity trading services; computer software, including
application software, for electronic financial exchanges; computer software and computer application software for financial and cryptocurrency transactions
available on mobile phones, computers and handheld computers for electronic financial exchanges; computer software including application software, for automated
methods of moving money, financial orders and financial instruments; computer software and computer application software for financial and cryptocurrency
transactions available on mobile phones, computers and handheld computers automated methods of moving money, financial orders and financial instruments; computer software, including application software, to facilitate electronic contactless payments; computer software and computer application software
for financial and cryptocurrency transactions available on mobile phones, computers and handheld computers to facilitate electronic contactless payments; computer software, including application software for payments via a mobile device at a point of sale; computer software and computer application
software for financial and cryptocurrency transactions available on mobile phones, computers and handheld computers for processing payments via a mobile device at a point of sale; computer software, including application software for automated banking; computer software and computer application software for
financial and cryptocurrency transactions available on mobile phones, computers and handheld computers for automated banking; computer software including
application software, to handle electronic payments via prepaid cards, wireless wallets, mobile wallets, electronic wallets, wireless credit, debit and prepaid cards; computer software and computer application software for financial and cryptocurrency transactions available on mobile phones, computers and handheld computers to handle electronic payments
via prepaid cards, wireless wallets, mobile wallets, electronic wallets, wireless credit, debit and prepared cards; application software; computer software to run terminals running near field communication (NFC) technology; computer software and computer application software for
financial and cryptocurrency transactions available on mobile phones and handheld computers for bank account management services, monetary transfer services, payment services, financial analysis,
financial reports and financial management services; computer software, including application software, for bank account management services, monetary transfer
services, payment services, financial analysis, financial reports and financial management services; computer software and computer application software for
financial and cryptocurrency transactions available on mobile phones and handheld computers for foreign currency exchange services, financial orders or exchanges; computer software including application software for foreign currency exchange services, financial orders or exchanges; computer software for use in displaying and
managing financial product portfolios and orders; electronic downloadable publications, namely, newsletters, magazines, periodicals, pamphlets and leaflets in
the field of finance, banking and cryptocurrency; electronic downloadable publications, newsletters, magazines, periodicals, pamphlets and leaflets;
magnetic and machine readable cards being encoded or capable of being encoded, namely, magnetically encoded blank bank cards for issuance by financial
institutions; magnetic and machine readable cards being encoded or capable of being encoded; cards for obtaining and
storing information, namely, magnetically encoded identity cards; cards for obtaining and storing information; authorisation cards, namely, magnetically encoded identity, authentication cards; authorisation cards, authentication cards; magnetically encoded credit cards; credit cards; magnetically encoded debit cards; debit cards; magnetically encoded cheque cards; cheque cards; magnetically encoded smart cards containing programming for financial transactions; smart cards; magnetically
encoded swipe cards for financial transactions; swipe cards; magnetically encoded loyalty cards, namely, prepaid debit
cards; loyalty cards; magnetically encoded payment or pre-payment cards namely, credit cards and prepaid debit
cards; payment or pre-payment cards; computer hardware; computer hardware for the provision of banking,
financial and equity trading services; computer hardware for electronic financial exchanges; computer hardware to facilitate moving money,
financial orders and financial instruments; computer hardware to facilitate electronic contactless payments; computer hardware
being a mobile device to handle electronic payments via prepaid cards, wireless wallets, mobile wallets, electronic wallets, wireless credit, debit and prepared cards; computer hardware being a mobile device to handle electronic payments via prepaid cards, wireless wallets, mobile wallets, electronic wallets, wireless credit, debit and prepaid cards;
computer hardware to run terminals running near field communication (NFC) technology.; computer hardware to run terminals
running near field communication (NFC) technology; parts and fittings for all the aforesaid goods |
| FINAL DESCRIPTION |
| Computer software for financial and cryptocurrency transactions; computer software for productivity programmes or end-user
programmes, for financial and cryptocurrency transactions; computer software, and computer application software for financial and cryptocurrency transactions available on mobile phones, computers and
handheld computers for the provision of banking, financial and equity trading services; computer software and computer application software for financial and cryptocurrency transactions available on
mobile phones, computers and handheld computers for electronic financial exchanges; computer software and computer application software for financial and cryptocurrency transactions available on
mobile phones, computers and handheld computers automated methods of moving money, financial orders and financial instruments; computer software and computer application software for financial and
cryptocurrency transactions available on mobile phones, computers and handheld computers to facilitate electronic contactless payments; computer software and computer application software for
financial and cryptocurrency transactions available on mobile phones, computers and handheld computers for processing payments via a mobile device at a point of sale; computer software and computer
application software for financial and cryptocurrency transactions available on mobile phones, computers and handheld computers for automated banking; computer software and computer application
software for financial and cryptocurrency transactions available on mobile phones, computers and handheld computers to handle electronic payments via prepaid cards, wireless wallets, mobile wallets,
electronic wallets, wireless credit, debit and prepared cards; computer software to run terminals running near field communication (NFC) technology; computer software and computer application
software for financial and cryptocurrency transactions available on mobile phones and handheld computers for bank account management services, monetary transfer services, payment services, financial
analysis, financial reports and financial management services; computer software and computer application software for financial and cryptocurrency transactions available on mobile phones and
handheld computers for foreign currency exchange services, financial orders or exchanges; computer software for use in displaying and managing financial product portfolios and orders; electronic
downloadable publications, namely, newsletters, magazines, periodicals, pamphlets and leaflets in the field of finance, banking and cryptocurrency; magnetic and machine readable cards being encoded
or capable of being encoded, namely, magnetically encoded blank bank cards for issuance by financial institutions; cards for obtaining and storing information, namely, magnetically encoded identity
cards; authorisation cards, namely, magnetically encoded identity, authentication cards; magnetically encoded credit cards; magnetically encoded debit cards; magnetically encoded cheque cards;
magnetically encoded smart cards containing programming for financial transactions; magnetically encoded swipe cards for financial transactions; magnetically encoded loyalty cards, namely, prepaid
debit cards; magnetically encoded payment or pre-payment cards namely, credit cards and prepaid debit cards; computer hardware; computer hardware for the provision of banking, financial and equity
trading services; computer hardware for electronic financial exchanges; computer hardware to facilitate moving money, financial orders and financial instruments; computer hardware to facilitate
electronic contactless payments; computer hardware being a mobile device to handle electronic payments via prepaid cards, wireless wallets, mobile wallets, electronic wallets, wireless credit, debit
and prepared cards; computer hardware to run terminals running near field communication (NFC) technology. |
| GOODS AND/OR SERVICES SECTION (036)(current) |
| INTERNATIONAL CLASS |
036 |
| DESCRIPTION |
| Financial services; banking services; payment services; provision of electronic contactless payment services; providing secure
financial transactions and payment options using a mobile device at a point of sale; monetary transfer services; automated banking services; processing electronic payments made through prepaid cards;
electronic processing and transmission of credit card transactions, wireless wallets, mobile wallets, electronic wallets, wireless credit, debit and prepared card transactions; processing financial
transactions via terminal services using near field communication (NFC) technology; private banking services; home, internet and mobile banking services; securities trading, transactions and exchange
services; issuing of credit cards, debit cards, charge cards, payment cards, transaction cards, financial and loan cards; issuing of magnetic data carriers and authentication cards for financial
transactions; issuing of authentication cards (for financial purposes); financial services relating to credit cards, debit cards, charge card, payment cards, pre-payment cards, transaction and
loyalty cards; financial underwriting services; private equity financial investment services; trading of equities, derivatives, futures, stocks, shares, swaps and options; foreign exchange and
currency exchange services; foreign exchange brokerage; provision of stock market information; safe deposit services; bankers' clearing services; escrow services; insurance services; financing of
loans; loans (financial) against security; investment management services; capital investment services; trustee services; services of brokers and agents (for bonds and other securities); financial
analysis, research and reporting services; administration of financial affairs; advice, consultancy and information services relating to all of the aforesaid services |
| GOODS AND/OR SERVICES SECTION (036)(proposed) |
| INTERNATIONAL CLASS |
036 |
| TRACKED TEXT DESCRIPTION |
Financial services; Financial services, namely, financial
brokerage services for cryptocurrency trading; banking services; payment services; payment
services, namely, charge card, crypto-card and credit card payment processing services, bill payment services provided via mobile applications; provision of
electronic contactless payment services; provision of electronic contactless payment services, namely, processing of contactless credit, crypto and debit card
payments; providing secure financial transactions and payment options using a mobile device at a point of sale; financial
transaction services, namely, providing secure financial commercial transactions and payment options using a mobile device at a point of sale; monetary transfer
services; automated banking services; processing electronic payments made through prepaid cards; electronic processing
and transmission of credit card transactions, wireless wallets, mobile wallets, electronic wallets, wireless credit, debit and prepared card transactions; processing
financial transactions via terminal services using near field communication (NFC) technology; private banking services; home, internet and mobile
banking services; securities trading, transactions and exchange services; issuing of credit cards, debit cards, charge cards, payment cards,
transaction cards, financial and loan cards; issuing of magnetic data carriers and authentication cards for financial transactions; issuing of authentication cards (for financial purposes); issuing of authentication cards for financial purposes; financial services relating to credit cards, debit cards, charge card, payment cards, pre-payment cards, transaction and loyalty cards; financial
services relating to credit cards, debit cards, charge card, payment cards, pre-payment cards, transaction and loyalty cards, namely, transaction processing services; financial underwriting services; financial underwriting services, namely, securities underwriting; private
equity financial investment services; private equity fund financial investment services; trading of equities,
derivatives, futures, stocks, shares, swaps and options; financial services, namely, the trading of equities, derivatives, futures, stocks, shares, swaps and
options; foreign exchange and currency exchange services; foreign exchange transactions and currency exchange
services; foreign exchange brokerage; foreign exchange brokerage, namely, foreign exchange transaction services;
provision of stock market information; safe deposit services; safe deposit box services;
bankers' clearing services; bankers' clearing services, namely, automated clearing house (ACH) transaction processing
services; escrow services; escrow services, namely, maintaining escrow accounts for customers; insurance services; insurance services namely, insurance brokerage, insurance consultation and insurance administration services;
financing of loans; loans (financial) against security; namely, guaranteeing loans against
security; investment management services; capital investment services; trustee services; services of brokers and agents (for bonds and other securities); financial services of brokers and agents for bonds and other securities,
namely, broker/dealer services on securities exchanges and over-the-counter markets; financial analysis, research and reporting services; administration of financial affairs; administration of financial affairs, namely, financial administration of transactions involving funds drawn from
securities, stocks, funds, equities, bonds, cash or other types of financial investments in retirement plans using a credit or debit card over a global data network; advice, consultancy and information services relating to all of the aforesaid services; financial advice, consultancy and information services
relating to all of the aforesaid services. |
| FINAL DESCRIPTION |
| Financial services, namely, financial brokerage services for cryptocurrency trading; banking services; payment services, namely,
charge card, crypto-card and credit card payment processing services, bill payment services provided via mobile applications; provision of electronic contactless payment services, namely, processing
of contactless credit, crypto and debit card payments; financial transaction services, namely, providing secure financial commercial transactions and payment options using a mobile device at a point
of sale; monetary transfer services; automated banking services; processing electronic payments made through prepaid cards; electronic processing and transmission of credit card transactions,
wireless wallets, mobile wallets, electronic wallets, wireless credit, debit and prepared card transactions; processing financial transactions via terminal services using near field communication
(NFC) technology; private banking services; home, internet and mobile banking services; securities trading, transactions and exchange services; issuing of credit cards, debit cards, charge cards,
payment cards, transaction cards, financial and loan cards; issuing of magnetic data carriers and authentication cards for financial transactions; issuing of authentication cards for financial
purposes; financial services relating to credit cards, debit cards, charge card, payment cards, pre-payment cards, transaction and loyalty cards, namely, transaction processing services; financial
underwriting services, namely, securities underwriting; private equity fund financial investment services; financial services, namely, the trading of equities, derivatives, futures, stocks, shares,
swaps and options; foreign exchange transactions and currency exchange services; foreign exchange brokerage, namely, foreign exchange transaction services; provision of stock market information; safe
deposit box services; bankers' clearing services, namely, automated clearing house (ACH) transaction processing services; escrow services, namely, maintaining escrow accounts for customers; insurance
services namely, insurance brokerage, insurance consultation and insurance administration services; financing of loans; namely, guaranteeing loans against security; investment management services;
capital investment services; trustee services; financial services of brokers and agents for bonds and other securities, namely, broker/dealer services on securities exchanges and over-the-counter
markets; financial analysis, research and reporting services; administration of financial affairs, namely, financial administration of transactions involving funds drawn from securities, stocks,
funds, equities, bonds, cash or other types of financial investments in retirement plans using a credit or debit card over a global data network; financial advice, consultancy and information
services relating to all of the aforesaid services. |
| GOODS AND/OR SERVICES SECTION (042)(current) |
| INTERNATIONAL CLASS |
042 |
| DESCRIPTION |
| Scientific, technological, research and design services; computer programming services; design and development of computer software
and hardware; design and development of computer software and hardware for productivity programmes or end-user programmes, including application software; design, development and maintenance of
proprietary computer software in the field of financial services; rental of computer hardware and software apparatus and equipment; website hosting services; hosting services for others; providing
temporary use of non-downloadable software including application software; providing temporary use of computer software and online facilities to enable users to access and download computer software;
providing online resources for software developers; maintenance, repair and updating of computer software, computer operating system software, computer utility software including application
software; providing information concerning computer software via the Internet and other computer and electronic communication networks; technical troubleshooting support for computer software;
advice, consultancy and information services relating to all of the aforesaid services |
| GOODS AND/OR SERVICES SECTION (042)(proposed) |
| INTERNATIONAL CLASS |
042 |
| TRACKED TEXT DESCRIPTION |
Scientific, technological, research and design services; Scientific, technological, research and design services, namely, research and design in the field of computer system architecture for use in the field of banking, finance and
cryptocurrency; computer programming services; design and development of computer software and hardware; design and
development of computer software and hardware for productivity programmes or end-user programmes, including application software; design, development and maintenance of
proprietary computer software in the field of financial services; rental of computer hardware and software apparatus and equipment; website
hosting services; hosting services for others; hosting of web sites services for others; providing temporary use of non-downloadable software including application software; providing temporary use of non-downloadable software and computer
application software for mobile phones and handheld computers for banking and processing financial and cryptocurrency transactions; providing temporary use of
computer software and online facilities to enable users to access and download computer software; providing temporary use of non-downloadable computer software
for making financial and cryptocurrency payments} and online facilities, namely, hosting online web facilities for others for sharing online content to enable users to access and download computer
software; providing online resources for software developers; providing online resources for software developers,
namely, providing temporary use of online non-downloadable software development tools; maintenance, repair and updating of computer software, computer operating system
software, computer utility software including application software; providing information concerning computer software via the Internet and other computer and
electronic communication networks; providing information concerning computer software via the Internet and other computer and electronic communication
networks, namely, providing information in the field of software development; technical troubleshooting support for computer software; advice, consultancy and information services relating to all of the aforesaid services; advice, consultancy and information services relating to all
of the aforesaid services, namely, computer software consulting and advice, IT consulting and advice, providing information on computer technology and programming via a web site. |
| FINAL DESCRIPTION |
| Scientific, technological, research and design services, namely, research and design in the field of computer system architecture
for use in the field of banking, finance and cryptocurrency; computer programming services; design and development of computer software and hardware; design and development of computer software and
hardware for productivity programmes or end-user programmes, including application software; design, development and maintenance of proprietary computer software in the field of financial services;
rental of computer hardware and software apparatus and equipment; website hosting services; hosting of web sites services for others; providing temporary use of non-downloadable software and computer
application software for mobile phones and handheld computers for banking and processing financial and cryptocurrency transactions; providing temporary use of non-downloadable computer software for
making financial and cryptocurrency payments} and online facilities, namely, hosting online web facilities for others for sharing online content to enable users to access and download computer
software; providing online resources for software developers, namely, providing temporary use of online non-downloadable software development tools; maintenance, repair and updating of computer
software, computer operating system software, computer utility software including application software; providing information concerning computer software via the Internet and other computer and
electronic communication networks, namely, providing information in the field of software development; technical troubleshooting support for computer software; advice, consultancy and information
services relating to all of the aforesaid services, namely, computer software consulting and advice, IT consulting and advice, providing information on computer technology and programming via a web
site. |
| ADDITIONAL STATEMENTS SECTION |
| SIGNIFICANCE OF MARK |
WIREX appearing in the mark has no significance nor is it a term of art in the relevant trade or industry or as used in connection with
the goods/services/collective membership organization listed in the application, or any geographical significance. |
| ATTORNEY SECTION (new) |
| NAME |
Mark S. Leonardo |
| ATTORNEY BAR MEMBERSHIP NUMBER |
XXX |
| YEAR OF ADMISSION |
XXXX |
| U.S. STATE/ COMMONWEALTH/ TERRITORY |
XX |
| FIRM NAME |
Brown Rudnick LLP |
| STREET |
One Financial Center |
| CITY |
Boston |
| STATE |
Massachusetts |
| POSTAL CODE |
02111 |
| COUNTRY |
United States |
| PHONE |
617-856-8145 |
| FAX |
617-289-0504 |
| EMAIL |
ip@brownrudnick.com |
| AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
| DOCKET/REFERENCE NUMBER |
34608/13 |
| OTHER APPOINTED ATTORNEY |
Robert J. Tosti, Adam M. Schoen, Thomas C. Meyers, Zachary D. Hyde, Benjamin D. Maggin, Daniel A. Palmer, Matthew P. York, Annie J. Kock,
Michael Vongaramvilai and Christina M. Segro. |
| CORRESPONDENCE SECTION (current) |
| NAME |
Brown Rudnick LLP |
| STREET |
8 Clifford Street |
| CITY |
London W1S 2LQ |
| COUNTRY |
GB |
| CORRESPONDENCE SECTION (proposed) |
| NAME |
Mark S. Leonardo |
| FIRM NAME |
Brown Rudnick LLP |
| STREET |
One Financial Center |
| CITY |
Boston |
| STATE |
Massachusetts |
| POSTAL CODE |
02111 |
| COUNTRY |
United States |
| PHONE |
617-856-8145 |
| FAX |
617-289-0504 |
| EMAIL |
ip@brownrudnick.com; mleonardo@brownrudnick.com |
| AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
| DOCKET/REFERENCE NUMBER |
34608/13 |
| PAYMENT SECTION |
| TOTAL AMOUNT |
100 |
| TOTAL FEES DUE |
100 |
| SIGNATURE SECTION |
| PETITION SIGNATURE |
/Mark S. Leonardo/ |
| SIGNATORY'S NAME |
Mark S. Leonardo |
| SIGNATORY'S POSITION |
Attorney of Record, MA bar member |
| SIGNATORY'S PHONE NUMBER |
617-856-8145 |
| DATE SIGNED |
09/17/2019 |
| RESPONSE SIGNATURE |
/Mark S. Leonardo/ |
| SIGNATORY'S NAME |
Mark S. Leonardo |
| SIGNATORY'S POSITION |
Attorney of Record, MA bar member |
| SIGNATORY'S PHONE NUMBER |
617-856-8145 |
| DATE SIGNED |
09/17/2019 |
| AUTHORIZED SIGNATORY |
YES |
| FILING INFORMATION SECTION |
| SUBMIT DATE |
Tue Sep 17 13:05:11 EDT 2019 |
| TEAS STAMP |
USPTO/POA-XX.XX.XXX.XX-20
190917130511553082-792447
09-610b4bda72fa6798a4fa47
e24b554437e2e43752f643224
773f58e5c7321cfe5-DA-0511
4657-20190917124921136748 |
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 2194 (Rev 03/2012) |
| OMB No. 0651-0054 (Exp 12/31/2020) |
Petition To Revive Abandoned Application - Failure To Respond Timely To Office Action
To the Commissioner for Trademarks:
Application serial no.
79244709 WIREX(Standard Characters, see http://uspto.report/TM/79244709/mark.png) has been amended as follows:
PETITION Petition
Statement
Applicant has firsthand knowledge that the failure to respond to the Office Action by the specified deadline was unintentional, and requests the USPTO to revive the abandoned application.
RESPONSE
TO OFFICE ACTION
EVIDENCE
Evidence in the nature of Arguments and Exhibits A-C. has been attached.
Original PDF file:
evi_662821829-20190917124921136748_._WIREX_-_Arguments.pdf
Converted PDF file(s) ( 7 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Evidence-6
Evidence-7
Original PDF file:
evi_662821829-20190917124921136748_._Exhibits_A-C.pdf
Converted PDF file(s) ( 3 pages)
Evidence-1
Evidence-2
Evidence-3
CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 009 for Computer software; computer software for productivity programmes or end-user programmes; computer software, including application software, for the provision of banking,
financial and equity trading services; computer software, including application software, for electronic financial exchanges; computer software including application software, for automated methods
of moving money, financial orders and financial instruments; computer software, including application software, to facilitate electronic contactless payments; computer software, including application
software for payments via a mobile device at a point of sale; computer software, including application software for automated banking; computer software including application software, to handle
electronic payments via prepaid cards, wireless wallets, mobile wallets, electronic wallets, wireless credit, debit and prepaid cards; application software; computer software to run terminals running
near field communication (NFC) technology; computer software, including application software, for bank account management services, monetary transfer services, payment services, financial analysis,
financial reports and financial management services; computer software including application software for foreign currency exchange services, financial orders or exchanges; computer software for use
in displaying and managing financial product portfolios and orders; electronic downloadable publications, newsletters, magazines, periodicals, pamphlets and leaflets; magnetic and machine readable
cards being encoded or capable of being encoded; cards for obtaining and storing information; authorisation cards, authentication cards; credit cards; debit cards; cheque cards; smart cards; swipe
cards; loyalty cards; payment or pre-payment cards; computer hardware; computer hardware for the provision of banking, financial and equity trading services; computer hardware for electronic
financial exchanges; computer hardware to facilitate moving money, financial orders and financial instruments; computer hardware to facilitate electronic contactless payments; computer hardware being
a mobile device to handle electronic payments via prepaid cards, wireless wallets, mobile wallets, electronic wallets, wireless credit, debit and prepaid cards; computer hardware to run terminals
running near field communication (NFC) technology; parts and fittings for all the aforesaid goods
Original Filing Basis:
Filing Basis Section 66(a) , Request for Extension of Protection to the United States. Section 66(a) of the Trademark Act, 15 U.S.C. §1141f.
Proposed:
Tracked Text Description: Computer software;
Computer software for financial and cryptocurrency transactions;
computer software for productivity programmes or end-user programmes;
computer software for productivity programmes or end-user
programmes, for financial and cryptocurrency transactions;
computer software, including application software, for the provision of banking, financial and equity
trading services;
computer software, and computer application software for financial and cryptocurrency transactions available on mobile phones, computers and
handheld computers for the provision of banking, financial and equity trading services;
computer software, including application software, for electronic
financial exchanges;
computer software and computer application software for financial and cryptocurrency transactions available on mobile phones, computers and
handheld computers for electronic financial exchanges;
computer software including application software, for automated methods of moving money, financial orders
and financial instruments;
computer software and computer application software for financial and cryptocurrency transactions available on mobile phones,
computers and handheld computers automated methods of moving money, financial orders and financial instruments;
computer software, including application
software, to facilitate electronic contactless payments;
computer software and computer application software for financial and cryptocurrency transactions
available on mobile phones, computers and handheld computers to facilitate electronic contactless payments;
computer software, including application software
for payments via a mobile device at a point of sale;
computer software and computer application software for financial and cryptocurrency transactions
available on mobile phones, computers and handheld computers for processing payments via a mobile device at a point of sale;
computer software, including
application software for automated banking;
computer software and computer application software for financial and cryptocurrency transactions available on
mobile phones, computers and handheld computers for automated banking;
computer software including application software, to handle electronic payments via
prepaid cards, wireless wallets, mobile wallets, electronic wallets, wireless credit, debit and prepaid cards;
computer software and computer application
software for financial and cryptocurrency transactions available on mobile phones, computers and handheld computers to handle electronic payments via prepaid cards, wireless wallets, mobile wallets,
electronic wallets, wireless credit, debit and prepared cards;
application software;
computer software to run terminals running near
field communication (NFC) technology;
computer software and computer application software for financial and cryptocurrency transactions available on mobile
phones and handheld computers for bank account management services, monetary transfer services, payment services, financial analysis, financial reports and financial management services;
computer software, including application software, for bank account management services, monetary transfer services, payment services, financial analysis, financial
reports and financial management services;
computer software and computer application software for financial and cryptocurrency transactions available on
mobile phones and handheld computers for foreign currency exchange services, financial orders or exchanges;
computer software including application software
for foreign currency exchange services, financial orders or exchanges;
computer software for use in displaying and managing financial product portfolios and orders;
electronic downloadable publications, namely, newsletters, magazines, periodicals, pamphlets and leaflets in the field of finance, banking and cryptocurrency;
electronic downloadable publications, newsletters, magazines, periodicals, pamphlets and leaflets;
magnetic and machine
readable cards being encoded or capable of being encoded, namely, magnetically encoded blank bank cards for issuance by financial institutions;
magnetic and
machine readable cards being encoded or capable of being encoded;
cards for obtaining and storing information, namely, magnetically encoded identity
cards;
cards for obtaining and storing information;
authorisation cards, namely, magnetically encoded identity,
authentication cards;
authorisation cards, authentication cards;
magnetically encoded credit cards;
credit cards;
magnetically encoded debit cards;
debit cards;
magnetically encoded cheque cards;
cheque cards;
magnetically encoded smart cards containing programming for
financial transactions;
smart cards;
magnetically encoded swipe cards for financial transactions;
swipe cards;
magnetically encoded loyalty cards, namely, prepaid debit cards;
loyalty
cards;
magnetically encoded payment or pre-payment cards namely, credit cards and prepaid debit cards;
payment or
pre-payment cards;
computer hardware;
computer hardware for the provision of banking, financial and equity trading services;
computer hardware for electronic financial exchanges;
computer hardware to facilitate moving money, financial orders and financial instruments;
computer hardware to facilitate electronic contactless payments;
computer hardware being a mobile device to handle electronic payments
via prepaid cards, wireless wallets, mobile wallets, electronic wallets, wireless credit, debit and prepared cards;
computer hardware being a mobile device to
handle electronic payments via prepaid cards, wireless wallets, mobile wallets, electronic wallets, wireless credit, debit and prepaid cards;
computer hardware
to run terminals running near field communication (NFC) technology.;
computer hardware to run terminals running near field communication (NFC)
technology;
parts and fittings for all the aforesaid goodsClass 009 for Computer software for financial and cryptocurrency transactions; computer
software for productivity programmes or end-user programmes, for financial and cryptocurrency transactions; computer software, and computer application software for financial and cryptocurrency
transactions available on mobile phones, computers and handheld computers for the provision of banking, financial and equity trading services; computer software and computer application software for
financial and cryptocurrency transactions available on mobile phones, computers and handheld computers for electronic financial exchanges; computer software and computer application software for
financial and cryptocurrency transactions available on mobile phones, computers and handheld computers automated methods of moving money, financial orders and financial instruments; computer software
and computer application software for financial and cryptocurrency transactions available on mobile phones, computers and handheld computers to facilitate electronic contactless payments; computer
software and computer application software for financial and cryptocurrency transactions available on mobile phones, computers and handheld computers for processing payments via a mobile device at a
point of sale; computer software and computer application software for financial and cryptocurrency transactions available on mobile phones, computers and handheld computers for automated banking;
computer software and computer application software for financial and cryptocurrency transactions available on mobile phones, computers and handheld computers to handle electronic payments via
prepaid cards, wireless wallets, mobile wallets, electronic wallets, wireless credit, debit and prepared cards; computer software to run terminals running near field communication (NFC) technology;
computer software and computer application software for financial and cryptocurrency transactions available on mobile phones and handheld computers for bank account management services, monetary
transfer services, payment services, financial analysis, financial reports and financial management services; computer software and computer application software for financial and cryptocurrency
transactions available on mobile phones and handheld computers for foreign currency exchange services, financial orders or exchanges; computer software for use in displaying and managing financial
product portfolios and orders; electronic downloadable publications, namely, newsletters, magazines, periodicals, pamphlets and leaflets in the field of finance, banking and cryptocurrency; magnetic
and machine readable cards being encoded or capable of being encoded, namely, magnetically encoded blank bank cards for issuance by financial institutions; cards for obtaining and storing
information, namely, magnetically encoded identity cards; authorisation cards, namely, magnetically encoded identity, authentication cards; magnetically encoded credit cards; magnetically encoded
debit cards; magnetically encoded cheque cards; magnetically encoded smart cards containing programming for financial transactions; magnetically encoded swipe cards for financial transactions;
magnetically encoded loyalty cards, namely, prepaid debit cards; magnetically encoded payment or pre-payment cards namely, credit cards and prepaid debit cards; computer hardware; computer hardware
for the provision of banking, financial and equity trading services; computer hardware for electronic financial exchanges; computer hardware to facilitate moving money, financial orders and financial
instruments; computer hardware to facilitate electronic contactless payments; computer hardware being a mobile device to handle electronic payments via prepaid cards, wireless wallets, mobile
wallets, electronic wallets, wireless credit, debit and prepared cards; computer hardware to run terminals running near field communication (NFC) technology.
Filing Basis Section 66(a) , Request for Extension of Protection to the United States. Section 66(a) of the Trademark Act, 15 U.S.C. §1141f.
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 036 for Financial services; banking services; payment services; provision of electronic contactless payment services; providing secure financial transactions and payment options
using a mobile device at a point of sale; monetary transfer services; automated banking services; processing electronic payments made through prepaid cards; electronic processing and transmission of
credit card transactions, wireless wallets, mobile wallets, electronic wallets, wireless credit, debit and prepared card transactions; processing financial transactions via terminal services using
near field communication (NFC) technology; private banking services; home, internet and mobile banking services; securities trading, transactions and exchange services; issuing of credit cards, debit
cards, charge cards, payment cards, transaction cards, financial and loan cards; issuing of magnetic data carriers and authentication cards for financial transactions; issuing of authentication cards
(for financial purposes); financial services relating to credit cards, debit cards, charge card, payment cards, pre-payment cards, transaction and loyalty cards; financial underwriting services;
private equity financial investment services; trading of equities, derivatives, futures, stocks, shares, swaps and options; foreign exchange and currency exchange services; foreign exchange
brokerage; provision of stock market information; safe deposit services; bankers' clearing services; escrow services; insurance services; financing of loans; loans (financial) against security;
investment management services; capital investment services; trustee services; services of brokers and agents (for bonds and other securities); financial analysis, research and reporting services;
administration of financial affairs; advice, consultancy and information services relating to all of the aforesaid services
Original Filing Basis:
Filing Basis Section 66(a) , Request for Extension of Protection to the United States. Section 66(a) of the Trademark Act, 15 U.S.C. §1141f.
Proposed:
Tracked Text Description: Financial services;
Financial services, namely, financial brokerage services for cryptocurrency
trading;
banking services;
payment services;
payment services, namely, charge card, crypto-card
and credit card payment processing services, bill payment services provided via mobile applications;
provision of electronic contactless payment services;
provision of electronic contactless payment services, namely, processing of contactless credit, crypto and debit card payments;
providing secure financial transactions and payment options using a mobile device at a point of sale;
financial transaction services, namely, providing
secure financial commercial transactions and payment options using a mobile device at a point of sale;
monetary transfer services;
automated
banking services;
processing electronic payments made through prepaid cards;
electronic processing and transmission of credit card transactions,
wireless wallets, mobile wallets, electronic wallets, wireless credit, debit and prepared card transactions;
processing financial transactions via terminal services using
near field communication (NFC) technology;
private banking services;
home, internet and mobile banking services;
securities trading, transactions and exchange services;
issuing of credit cards, debit cards, charge cards, payment cards, transaction cards, financial and loan
cards;
issuing of magnetic data carriers and authentication cards for financial transactions;
issuing of authentication cards (for
financial purposes);
issuing of authentication cards for financial purposes;
financial services relating to credit
cards, debit cards, charge card, payment cards, pre-payment cards, transaction and loyalty cards;
financial services relating to credit cards, debit cards,
charge card, payment cards, pre-payment cards, transaction and loyalty cards, namely, transaction processing services;
financial underwriting services;
financial underwriting services, namely, securities underwriting;
private equity financial investment services;
private equity fund financial investment services;
trading of equities, derivatives, futures, stocks, shares, swaps and
options;
financial services, namely, the trading of equities, derivatives, futures, stocks, shares, swaps and options;
foreign exchange and currency exchange services;
foreign exchange transactions and currency exchange services;
foreign exchange brokerage;
foreign exchange brokerage, namely, foreign exchange transaction services;
provision of stock
market information;
safe deposit services;
safe deposit box services;
bankers'
clearing services;
bankers' clearing services, namely, automated clearing house (ACH) transaction processing services;
escrow services;
escrow services, namely, maintaining escrow accounts for customers;
insurance services;
insurance services namely, insurance brokerage, insurance consultation and insurance administration services;
financing of loans;
loans (financial) against security;
namely, guaranteeing loans against security;
investment
management services;
capital investment services;
trustee services;
services of brokers and agents
(for bonds and other securities);
financial services of brokers and agents for bonds and other securities, namely, broker/dealer services on securities
exchanges and over-the-counter markets;
financial analysis, research and reporting services;
administration of financial
affairs;
administration of financial affairs, namely, financial administration of transactions involving funds drawn from securities, stocks, funds, equities,
bonds, cash or other types of financial investments in retirement plans using a credit or debit card over a global data network;
advice, consultancy and
information services relating to all of the aforesaid services;
financial advice, consultancy and information services relating to all of the aforesaid
services.Class 036 for Financial services, namely, financial brokerage services for cryptocurrency trading; banking services; payment services, namely, charge card, crypto-card and credit card
payment processing services, bill payment services provided via mobile applications; provision of electronic contactless payment services, namely, processing of contactless credit, crypto and debit
card payments; financial transaction services, namely, providing secure financial commercial transactions and payment options using a mobile device at a point of sale; monetary transfer services;
automated banking services; processing electronic payments made through prepaid cards; electronic processing and transmission of credit card transactions, wireless wallets, mobile wallets, electronic
wallets, wireless credit, debit and prepared card transactions; processing financial transactions via terminal services using near field communication (NFC) technology; private banking services;
home, internet and mobile banking services; securities trading, transactions and exchange services; issuing of credit cards, debit cards, charge cards, payment cards, transaction cards, financial and
loan cards; issuing of magnetic data carriers and authentication cards for financial transactions; issuing of authentication cards for financial purposes; financial services relating to credit cards,
debit cards, charge card, payment cards, pre-payment cards, transaction and loyalty cards, namely, transaction processing services; financial underwriting services, namely, securities underwriting;
private equity fund financial investment services; financial services, namely, the trading of equities, derivatives, futures, stocks, shares, swaps and options; foreign exchange transactions and
currency exchange services; foreign exchange brokerage, namely, foreign exchange transaction services; provision of stock market information; safe deposit box services; bankers' clearing services,
namely, automated clearing house (ACH) transaction processing services; escrow services, namely, maintaining escrow accounts for customers; insurance services namely, insurance brokerage, insurance
consultation and insurance administration services; financing of loans; namely, guaranteeing loans against security; investment management services; capital investment services; trustee services;
financial services of brokers and agents for bonds and other securities, namely, broker/dealer services on securities exchanges and over-the-counter markets; financial analysis, research and
reporting services; administration of financial affairs, namely, financial administration of transactions involving funds drawn from securities, stocks, funds, equities, bonds, cash or other types of
financial investments in retirement plans using a credit or debit card over a global data network; financial advice, consultancy and information services relating to all of the aforesaid
services.
Filing Basis Section 66(a) , Request for Extension of Protection to the United States. Section 66(a) of the Trademark Act, 15 U.S.C. §1141f.
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 042 for Scientific, technological, research and design services; computer programming services; design and development of computer software and hardware; design and development
of computer software and hardware for productivity programmes or end-user programmes, including application software; design, development and maintenance of proprietary computer software in the field
of financial services; rental of computer hardware and software apparatus and equipment; website hosting services; hosting services for others; providing temporary use of non-downloadable software
including application software; providing temporary use of computer software and online facilities to enable users to access and download computer software; providing online resources for software
developers; maintenance, repair and updating of computer software, computer operating system software, computer utility software including application software; providing information concerning
computer software via the Internet and other computer and electronic communication networks; technical troubleshooting support for computer software; advice, consultancy and information services
relating to all of the aforesaid services
Original Filing Basis:
Filing Basis Section 66(a) , Request for Extension of Protection to the United States. Section 66(a) of the Trademark Act, 15 U.S.C. §1141f.
Proposed:
Tracked Text Description: Scientific, technological, research and design services;
Scientific, technological, research and
design services, namely, research and design in the field of computer system architecture for use in the field of banking, finance and cryptocurrency;
computer programming
services;
design and development of computer software and hardware;
design and development of computer software and hardware for productivity
programmes or end-user programmes, including application software;
design, development and maintenance of proprietary computer software in the field of financial
services;
rental of computer hardware and software apparatus and equipment;
website hosting services;
hosting services for others;
hosting of web sites services for others;
providing temporary use of
non-downloadable software including application software;
providing temporary use of non-downloadable software and computer application software for mobile
phones and handheld computers for banking and processing financial and cryptocurrency transactions;
providing temporary use of computer software and online
facilities to enable users to access and download computer software;
providing temporary use of non-downloadable computer software for making financial and
cryptocurrency payments} and online facilities, namely, hosting online web facilities for others for sharing online content to enable users to access and download computer software;
providing online resources for software developers;
providing online resources for software developers, namely, providing temporary use
of online non-downloadable software development tools;
maintenance, repair and updating of computer software, computer operating system software, computer utility software
including application software;
providing information concerning computer software via the Internet and other computer and electronic communication
networks;
providing information concerning computer software via the Internet and other computer and electronic communication networks, namely, providing
information in the field of software development;
technical troubleshooting support for computer software;
advice, consultancy and
information services relating to all of the aforesaid services;
advice, consultancy and information services relating to all of the aforesaid services, namely,
computer software consulting and advice, IT consulting and advice, providing information on computer technology and programming via a web site.Class 042 for Scientific, technological, research
and design services, namely, research and design in the field of computer system architecture for use in the field of banking, finance and cryptocurrency; computer programming services; design and
development of computer software and hardware; design and development of computer software and hardware for productivity programmes or end-user programmes, including application software; design,
development and maintenance of proprietary computer software in the field of financial services; rental of computer hardware and software apparatus and equipment; website hosting services; hosting of
web sites services for others; providing temporary use of non-downloadable software and computer application software for mobile phones and handheld computers for banking and processing financial and
cryptocurrency transactions; providing temporary use of non-downloadable computer software for making financial and cryptocurrency payments} and online facilities, namely, hosting online web
facilities for others for sharing online content to enable users to access and download computer software; providing online resources for software developers, namely, providing temporary use of
online non-downloadable software development tools; maintenance, repair and updating of computer software, computer operating system software, computer utility software including application
software; providing information concerning computer software via the Internet and other computer and electronic communication networks, namely, providing information in the field of software
development; technical troubleshooting support for computer software; advice, consultancy and information services relating to all of the aforesaid services, namely, computer software consulting and
advice, IT consulting and advice, providing information on computer technology and programming via a web site.
Filing Basis Section 66(a) , Request for Extension of Protection to the United States. Section 66(a) of the Trademark Act, 15 U.S.C. §1141f.
The applicant hereby appoints Mark S. Leonardo. Other appointed attorneys are Robert J. Tosti, Adam M. Schoen, Thomas C. Meyers, Zachary D. Hyde, Benjamin D. Maggin, Daniel A. Palmer, Matthew P.
York, Annie J. Kock, Michael Vongaramvilai and Christina M. Segro.. Mark S. Leonardo of Brown Rudnick LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the
attorney(s) is located at
One Financial Center
Boston, Massachusetts 02111
United States
to submit this Petition To Revive Abandoned Application - Failure To Respond Timely To Office Action on behalf of the applicant.
The docket/reference number is 34608/13.
The phone number is 617-856-8145.
The fax number is 617-289-0504.
The email address is ip@brownrudnick.com
Mark S. Leonardo submitted the following statement: The attorney of record is an active member in good standing of the bar of the highest court of a U.S. state, the District of Columbia, or any U.S.
Commonwealth or territory.
The applicant's current correspondence information: Brown Rudnick LLP. Brown Rudnick LLP, is located at
8 Clifford Street
London W1S 2LQ,
GB
The applicants proposed correspondence information: Mark S. Leonardo. Mark S. Leonardo of Brown Rudnick LLP, is located at
One Financial Center
Boston, Massachusetts 02111
United States
The docket/reference number is 34608/13.
The phone number is 617-856-8145.
The fax number is 617-289-0504.
The email address is ip@brownrudnick.com; mleonardo@brownrudnick.com
ADDITIONAL STATEMENTS
Significance of wording, letter(s), or numeral(s)
WIREX appearing in the mark has no significance nor is it a term of art in the relevant trade or industry or as used in connection with the goods/services/collective membership organization listed in
the application, or any geographical significance.
FEE(S)
Fee(s) in the amount of $100 is being submitted.
SIGNATURE(S)
Signature: /Mark S. Leonardo/ Date: 09/17/2019
Signatory's Name: Mark S. Leonardo
Signatory's Position: Attorney of Record, MA bar member
Signatory's Phone Number: 617-856-8145
Response Signature
Signature: /Mark S. Leonardo/ Date: 09/17/2019
Signatory's Name: Mark S. Leonardo
Signatory's Position: Attorney of Record, MA bar member
Signatory's Phone Number: 617-856-8145
The signatory has confirmed that he/she is a U.S.-licensed attorney who is an active member in good standing of the bar of the highest court of a U.S. state (including the District of Columbia and
any U.S. Commonwealth or territory); 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.-licensed attorney not currently associated with his/her company/firm previously represented the owner/holder in this matter: the owner/holder has revoked their power of attorney by a signed
revocation or substitute power of attorney with the USPTO; the USPTO has granted that attorney's withdrawal request; the owner/holder has filed a power of attorney appointing him/her in this matter;
or the owner's/holder's appointed U.S.-licensed attorney has filed a power of attorney appointing him/her as an associate attorney in this matter.
Mailing Address: Brown Rudnick LLP
8 Clifford Street
London W1S 2LQ,
Mailing Address: Mark S. Leonardo
Brown Rudnick LLP
One Financial Center
Boston, Massachusetts 02111
RAM Sale Number: 79244709
RAM Accounting Date: 09/17/2019
Serial Number: 79244709
Internet Transmission Date: Tue Sep 17 13:05:11 EDT 2019
TEAS Stamp: USPTO/POA-XX.XX.XXX.XX-20190917130511553
082-79244709-610b4bda72fa6798a4fa47e24b5
54437e2e43752f643224773f58e5c7321cfe5-DA
-05114657-20190917124921136748
