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)

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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. 87497290 POP(Standard Characters, see http://uspto.report/TM/87497290/mark.png) has been amended as follows:

ARGUMENT(S)
In response to the substantive refusal(s), please note the following:

The office action respectfully is in error as to the meaning set forth in the office action for PoP, In this case, applicant?s mark, PoP, does not describe point of presence. PoP in applicant's use in applicant's goods and services does not stand for point of presence which, on the Internet, is an access point from one place to the rest of the Internet. PoP in connection to applicant's use in applicant's goods and services is arbitrary and fanciful. The letters PoP are derived from applicant's arbitrary mark "proof of proof" and have had no prior significance in applicant's Blockchain industry or as applied to the services described in the application and are arbitrary and fanciful.

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 042 for Downloadable mobile applications for interfacing with peer-to-peer networks, for data and digital file uploads, for maintaining the security and integrity of digital files and data and for capturing various types of digital files and data; Downloadable interface software for transferring data and digital files; Downloadable software for use in verifying a chain of custody; Records management services, namely, maintaining and recording the ownership of digital files and data, maintaining the integrity of digital files and data, time-stamping of physical documents, providing proof of ownership of digital files and data; Evidence records management services, namely, maintaining and recording the ownership of digital files and data, maintaining the integrity of digital files and data, time-stamping of physical documents, providing proof of ownership of digital files and data; Providing a secured access database via the Internet through which digital files and data transactions can be viewed, copied, and printed for purposes of verifying a chain of custody; Digital file and data transaction database services, namely, maintaining and recording the ownership of digital files and data, maintaining the integrity of digital files and data, time-stamping of physical documents, providing proof of ownership of digital files and data; Electronic storage of files and documents; Evidence storage services, namely, electronic storage of files and documents; Evidence services, namely, electronic document and e-mail authentication services; Electronic document and e-mail authentication and time-stamping services using the time stamp of a national post office; Providing temporary use of online, non-downloadable software for interfacing with peer-to-peer networks, for data and digital file uploads, for maintaining the security and integrity of digital files and data and for capturing various types of digital files and data, for transferring data and digital files, for use in verifying a chain of custody; Software as a service (SAAS) services featuring software for interfacing with peer-to-peer networks, for data and digital file uploads, for maintaining the security and integrity of digital files and data and for capturing various types of digital files and data, for transferring data and digital files, for use in verifying a chain of custody; Design and implementation of software and technology solutions for the purpose of document authentication and tracking for the purposes of verifying chain of custody and legal evidence management; Providing a website or network featuring technology that enables users to access records of all executed transactions of digital files and data located in a database or network; Providing a website or network for use in storing digital files and data; Providing a website or network featuring technology that enable users to securely and anonymously store digital files and data; Providing a website or network featuring technology that enable users to maintain the security and integrity of digital files and data; Providing a website or network featuring technology that provides users with cryptographic hash services and functions; Computer services, namely, creating an on-line community for registered users to share data and maintain digital file integrity during peer-to-peer data sharing
Original Filing Basis:
Proposed:
Tracked Text Description: Downloadable mobile applications for interfacing with peer-to-peer networks, for data and digital file uploads, for maintaining the security and integrity of digital files and data and for capturing various types of digital files and data; Electronic storage of files and documents; Downloadable interface software for transferring data and digital files; Evidence storage services, namely, electronic storage of files and documents; Downloadable software for use in verifying a chain of custody; Evidence services, namely, electronic document and e-mail authentication services; Records management services, namely, maintaining and recording the ownership of digital files and data, maintaining the integrity of digital files and data, time-stamping of physical documents, providing proof of ownership of digital files and data; Electronic document and e-mail authentication and time-stamping services using the time stamp of a national post office; Evidence records management services, namely, maintaining and recording the ownership of digital files and data, maintaining the integrity of digital files and data, time-stamping of physical documents, providing proof of ownership of digital files and data; Providing temporary use of online, non-downloadable software for interfacing with peer-to-peer networks, for data and digital file uploads, for maintaining the security and integrity of digital files and data and for capturing various types of digital files and data, for transferring data and digital files, for use in verifying a chain of custody; Providing a secured access database via the Internet through which digital files and data transactions can be viewed, copied, and printed for purposes of verifying a chain of custody; Software as a service (SAAS) services featuring software for interfacing with peer-to-peer networks, for data and digital file uploads, for maintaining the security and integrity of digital files and data and for capturing various types of digital files and data, for transferring data and digital files, for use in verifying a chain of custody; Digital file and data transaction database services, namely, maintaining and recording the ownership of digital files and data, maintaining the integrity of digital files and data, time-stamping of physical documents, providing proof of ownership of digital files and data; Design and implementation of software and technology solutions for the purpose of document authentication and tracking for the purposes of verifying chain of custody and legal evidence management; Providing a website or network featuring technology that enables users to access records of all executed transactions of digital files and data located in a database or network; Providing a website or network for use in storing digital files and data; Providing a website or network featuring technology that enable users to securely and anonymously store digital files and data; Providing a website or network featuring technology that enable users to maintain the security and integrity of digital files and data; Providing a website or network featuring technology that provides users with cryptographic hash services and functions; Computer services, namely, creating an on-line community for registered users to share data and maintain digital file integrity during peer-to-peer data sharingClass 042 for Electronic storage of files and documents; Evidence storage services, namely, electronic storage of files and documents; Evidence services, namely, electronic document and e-mail authentication services; Electronic document and e-mail authentication and time-stamping services using the time stamp of a national post office; Providing temporary use of online, non-downloadable software for interfacing with peer-to-peer networks, for data and digital file uploads, for maintaining the security and integrity of digital files and data and for capturing various types of digital files and data, for transferring data and digital files, for use in verifying a chain of custody; Software as a service (SAAS) services featuring software for interfacing with peer-to-peer networks, for data and digital file uploads, for maintaining the security and integrity of digital files and data and for capturing various types of digital files and data, for transferring data and digital files, for use in verifying a chain of custody; Design and implementation of software and technology solutions for the purpose of document authentication and tracking for the purposes of verifying chain of custody and legal evidence management; Providing a website or network featuring technology that enables users to access records of all executed transactions of digital files and data located in a database or network; Providing a website or network for use in storing digital files and data; Providing a website or network featuring technology that enable users to securely and anonymously store digital files and data; Providing a website or network featuring technology that enable users to maintain the security and integrity of digital files and data; Providing a website or network featuring technology that provides users with cryptographic hash services and functions; Computer services, namely, creating an on-line community for registered users to share data and maintain digital file integrity during peer-to-peer data sharing
Filing Basis: Section 1(a), Use in Commerce:For all applications: The mark is in use in commerce and was in use in commerce as of the application filing date. The provided specimen shows the mark in use in commerce (see specimen statement below). For a collective trademark, collective service mark, collective membership mark, or certification mark application: The applicant is exercising legitimate control over the use of the mark in commerce and was exercising legitimate control over the use of the mark in commerce as of the application filing date. For a certification mark application: The applicant is not engaged 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. The mark was first used at least as early as 05/15/2015 and first used in commerce at least as early as 12/15/2016 , and is now in use in such commerce.
Applicant hereby submits one(or more) specimen(s) for Class 042 . The specimen(s) submitted consists of The specimen depicts the mark being used on a website that offers services including maintaining the security and integrity of digital files and data and for capturing various types of digital files and data as well as design and implementation of software and technology solutions for the purpose of document authentication and tracking for the purposes of verifying chain of custody and legal evidence management, downloadable software for use in verifying a chain of custody such as documentation giving instructions on how to use them, records management services, namely, maintaining and recording the ownership of digital files and data, maintaining the integrity of digital files and data, time-stamping of physical documents, providing proof of ownership of digital files and data, evidence storage services, namely, electronic storage of files and documents. .
"The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing date of the application"[for an application based on Section 1(a), Use in Commerce] OR "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce prior either to the filing of the Amendment to Allege Use or expiration of the filing deadline for filing a Statement of Use" [for an application based on Section 1(b) Intent-to-Use]. OR "The attached specimen is a true copy of the specimen that was originally submitted with the application, amendment to allege use, or statement of use" [for an illegible specimen].
Original PDF file:
SPU0-471914261-20180221224716198272_._PoP_Specimen.pdf
Converted PDF file(s) ( 1 page)
Specimen File1

CORRESPONDENCE ADDRESS CHANGE
Applicant proposes to amend the following:
Current:
Fisher, Justin
335 E. Linton Blvd
Suite B14-2099
Delray Beach
Florida
US
33483

Proposed:
Fisher, Justin, having an address of
Suite B14-2099 335 E. Linton Blvd Delray Beach, Florida 33483
United States
office@brevo.com



ADDITIONAL STATEMENTS
Miscellaneous Statement
The three letters PoP together alone have no significance in applicant's trade or industry or as applied to the services described in the application and are arbitrary and fanciful


SIGNATURE(S)
Declaration Signature

DECLARATION: The signatory being warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. § 1001, and that such willful false statements and the like may jeopardize the validity of the application or submission or any registration resulting therefrom, declares that, if the applicant submitted the application or allegation of use (AOU) unsigned, all statements in the application or AOU and this submission based on the signatory's own knowledge are true, and all statements in the application or AOU and this submission made on information and belief are believed to be true.

STATEMENTS FOR UNSIGNED SECTION 1(a) APPLICATION/AOU: If the applicant filed an unsigned application under 15 U.S.C. §1051(a) or AOU under 15 U.S.C. §1051(c), the signatory additionally believes that: the applicant is the owner of the mark sought to be registered; the mark is in use in commerce and was in use in commerce as of the filing date of the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; the original specimen(s), if applicable, shows the mark in use in commerce as of the filing date of the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; for a collective trademark, collective service mark, collective membership mark application, or certification mark application, the applicant is exercising legitimate control over the use of the mark in commerce and was exercising legitimate control over the use of the mark in commerce as of the filing date of the application or AOU; for a certification mark application, the applicant is not engaged 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. To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services/collective membership organization of such other persons, to cause confusion or mistake, or to deceive.

STATEMENTS FOR UNSIGNED SECTION 1(b)/SECTION 44 APPLICATION AND FOR SECTION 66(a) COLLECTIVE/CERTIFICATION MARK APPLICATION: If the applicant filed an unsigned application under 15 U.S.C. §§ 1051(b), 1126(d), and/or 1126(e), or filed a collective/certification mark application under 15 U.S.C. §1141f(a), the signatory additionally believes that: for a trademark or service mark application, the applicant is entitled to use the mark in commerce on or in connection with the goods/services specified in the application; the applicant has a bona fide intention to use the mark in commerce and had a bona fide intention to use the mark in commerce as of the application filing date; for a collective trademark, collective service mark, collective membership mark, or certification mark application, the applicant has a bona fide intention, and is entitled, to exercise legitimate control over the use of the mark in commerce and had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce as of the application filing date; the signatory is properly authorized to execute the declaration on behalf of the applicant; for a certification mark application, 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. To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services/collective membership organization of such other persons, to cause confusion or mistake, or to deceive.

Signature: /JUSTIN FISHER/      Date: 02/22/2018
Signatory's Name: Justin Fisher
Signatory's Position: Owner

Response Signature
Signature: /JUSTIN FISHER/     Date: 02/22/2018
Signatory's Name: Justin Fisher
Signatory's Position: Owner

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 owner/holder ; or (2) a person(s) with legal authority to bind the owner/holder; 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:    Fisher, Justin
   Suite B14-2099
   335 E. Linton Blvd
   Delray Beach, Florida 33483
        
Serial Number: 87497290
Internet Transmission Date: Wed Feb 21 23:17:15 EST 2018
TEAS Stamp: USPTO/ROA-XX.XX.XXX.XX-20180221231715061
236-87497290-510dca69e3506e5930884f142c7
cd9618dd7b87664e046e160e736152518c74-N/A
-N/A-20180221224716198272