TEAS Request Reconsideration after FOA

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 1960 (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 1960 (Rev 10/2011)

OMB No. 0651-0050 (Exp 09/20/2020)

Request for Reconsideration after Final Action

To the Commissioner for Trademarks:

Application serial no. 87509354 IRONCLAD(Standard Characters, see http://uspto.report/TM/87509354/mark.png) has been amended as follows:

EVIDENCE
Evidence in the nature of Actual argument text has been attached.
Original PDF file:
evi_71120149158-20190206161031245071_._ICE-TM-4W_FOA_Response_6Feb19.pdf
Converted PDF file(s) ( 5 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 009 for Biometric identification apparatus; Cards encoded with security features for identification purposes; Security devices, namely, mobile image projection device for displaying retinal images; Software for ensuring the security of electronic mail; Computer programs for the enabling of access or entrance control; Computer software and firmware for authenticating user identification, data encryption; Computer software for encryption; Computer software for authorising access to data bases; Computer software for use in the encryption and decryption of digital files, including audio, video, text, binary, still images, graphics and multimedia files; Downloadable middleware for authenticating user identification, data encryption; Dynamic random access memory (DRAM); Electronic coding units; Electronic encryption units; Electronic security and surveillance devices, namely, electronic security tags and labels, acoustic tags, magnetic tags; Electronic readers and controllers for controlling access to a premises; Electronic security token in the nature of a fob-like device used by an authorized user of a computer system to facilitate authentication; Entry/exit security portal comprised of an electronic passageway equipped with biometric devices for identification verification and detection of impermissible items being carried through; External computer hard drives featuring software for data encryption; Facilities management software, namely, software to control building environment, access and security systems; Magnetic coded card readers; Security token hardware; USB computer security key; USB computer access control key; Wireless controllers to remotely monitor and control the function and status of other electrical, electronic, and mechanical devices or systems, namely, secure access entry devices, encrypted devices
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 02/01/2017 and first used in commerce at least as early as 03/01/2017 , and is now in use in such commerce.

Proposed: Class 009 for Biometric identification apparatus; Cards encoded with security features for identification purposes; Security devices, namely, mobile image projection device for displaying retinal images; Software for ensuring the security of electronic mail; Computer programs for the enabling of access or entrance control; Computer software and firmware for authenticating user identification, data encryption; Computer software for encryption; Computer software for authorising access to data bases; Computer software for use in the encryption and decryption of digital files, including audio, video, text, binary, still images, graphics and multimedia files; Downloadable middleware for authenticating user identification, data encryption; Dynamic random access memory (DRAM); Electronic coding units; Electronic encryption units; Electronic security and surveillance devices, namely, electronic security tags and labels, acoustic tags, magnetic tags; Electronic readers and controllers for controlling access to a premises; Electronic security token in the nature of a fob-like device used by an authorized user of a computer system to facilitate authentication; Entry/exit security portal comprised of an electronic passageway equipped with biometric devices for identification verification and detection of impermissible items being carried through; External computer hard drives featuring software for data encryption; Facilities management software, namely, software to control building environment, access and security systems; Magnetic coded card readers; Security token hardware; USB computer security key; USB computer access control key; Wireless controllers to remotely monitor and control the function and status of other electrical, electronic, and mechanical devices or systems, namely, secure access entry devices, encrypted devices
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 02/01/2017 and first used in commerce at least as early as 03/01/2017 , and is now in use in such commerce.
Applicant hereby submits one(or more) specimen(s) for Class 009 . The specimen(s) submitted consists of Web page screen shots of webpage content showing the mark in use in commerce. .
"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]. Specimen File1
Specimen File2

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: /Len Walker/      Date: 02/06/2019
Signatory's Name: Len Walker
Signatory's Position: VP Legal
Signatory's Phone Number: 910-546-1141


Request for Reconsideration Signature
Signature: /Len Walker/     Date: 02/06/2019
Signatory's Name: Len Walker
Signatory's Position: VP Legal

Signatory's Phone Number: 910-546-1141

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.

The applicant is not filing a Notice of Appeal in conjunction with this Request for Reconsideration.

        
Serial Number: 87509354
Internet Transmission Date: Wed Feb 06 16:20:09 EST 2019
TEAS Stamp: USPTO/RFR-XX.XXX.XXX.XXX-201902061620094
68342-87509354-620ff532d1114363890c839f7
e97c4e87688798724fa0bae146ed05d7b637e444
9-N/A-N/A-20190206161031245071