Response to Office Action

ICE

Ironclad Encryption Corporation

Response to Office Action

Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number.
PTO Form 1957 (Rev 10/2011)
OMB No. 0651-0050 (Exp 09/20/2020)

Response to Office Action


The table below presents the data as entered.

Input Field
Entered
SERIAL NUMBER 87517622
LAW OFFICE ASSIGNED LAW OFFICE 124
MARK SECTION
MARK FILE NAME http://uspto.report/TM/87517622/mark.png
LITERAL ELEMENT ICE
STANDARD CHARACTERS NO
USPTO-GENERATED IMAGE NO
EVIDENCE SECTION
        EVIDENCE FILE NAME(S)
       ORIGINAL PDF FILE evi_72218234227-20190311234826333723_._ICE-TM-6L_OA_Response_11Mar19.pdf
       CONVERTED PDF FILE(S)
       (7 pages)
\\TICRS\EXPORT17\IMAGEOUT17\875\176\87517622\xml12\ROA0002.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\875\176\87517622\xml12\ROA0003.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\875\176\87517622\xml12\ROA0004.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\875\176\87517622\xml12\ROA0005.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\875\176\87517622\xml12\ROA0006.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\875\176\87517622\xml12\ROA0007.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\875\176\87517622\xml12\ROA0008.JPG
DESCRIPTION OF EVIDENCE FILE Actual argument text
GOODS AND/OR SERVICES SECTION (009)(current)
INTERNATIONAL CLASS 009
DESCRIPTION
Access control and alarm monitoring systems; 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 authorising access to databases; 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 access control systems for interlocking doors; 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; Electronic text-messaging device for use in conjunction with personal digital assistants; 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; Magnetic coded card readers; Network access server hardware; Network access server operating software; 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; Wireless digital electronic apparatus to secure and protect data and images on all forms of wireless equipment including mobile telecommunications equipment using an automatic synchronization process and alarm notification of the loss or theft of the wireless equipment including mobile telecommunications equipment
        FIRST USE ANYWHERE DATE At least as early as 02/14/2017
        FIRST USE IN COMMERCE DATE At least as early as 02/14/2017
FILING BASIS Section 1(b)
GOODS AND/OR SERVICES SECTION (009)(proposed)
INTERNATIONAL CLASS 009
DESCRIPTION
Access control and alarm monitoring systems; 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 authorising access to databases; 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 access control systems for interlocking doors; 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; Electronic text-messaging device for use in conjunction with personal digital assistants; 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; Magnetic coded card readers; Network access server hardware; Network access server operating software; 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; Wireless digital electronic apparatus to secure and protect data and images on all forms of wireless equipment including mobile telecommunications equipment using an automatic synchronization process and alarm notification of the loss or theft of the wireless equipment including mobile telecommunications equipment
       FIRST USE ANYWHERE DATE At least as early as 02/14/2017
       FIRST USE IN COMMERCE DATE At least as early as 02/14/2017
       STATEMENT TYPE "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 FILE NAME(S)
       ORIGINAL PDF FILE SPU0-72218234227-20190311234826333723_._ICE-TM-6L_OA_Specimen1.pdf
       CONVERTED PDF FILE(S)
       (4 pages)
\\TICRS\EXPORT17\IMAGEOUT17\875\176\87517622\xml12\ROA0009.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\875\176\87517622\xml12\ROA0010.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\875\176\87517622\xml12\ROA0011.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\875\176\87517622\xml12\ROA0012.JPG
       ORIGINAL PDF FILE SPU0-72218234227-20190311234826333723_._Specimen_2_Ironclad_Encryption_-_Products_Page.pdf
       CONVERTED PDF FILE(S)
       (3 pages)
\\TICRS\EXPORT17\IMAGEOUT17\875\176\87517622\xml12\ROA0013.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\875\176\87517622\xml12\ROA0014.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\875\176\87517622\xml12\ROA0015.JPG
       SPECIMEN DESCRIPTION webpage, description of goods with means of ordering
FILING BASIS Section 1(b)
GOODS AND/OR SERVICES SECTION (038)(current)
INTERNATIONAL CLASS 038
DESCRIPTION
Encrypted electronic transmission and delivery of recovered data; Computer transmission of information accessed via a code or a terminal; Electronic transmission of facsimile communications and data featuring encryption and decryption; Information transmission by telematic codes; Providing access to databases; Providing access to telecommunication networks; Providing private and secure real time electronic communication over a computer network; Providing user access to global computer networks; Providing virtual private network (VPN) services, namely, private and secure electronic communications over a private or public computer network; Telecommunication services, namely, providing electronic message alerts via the internet notifying individuals of a changed status or condition of a sensing device in a security system; Transmission, reception and processing of coded and emergency signals
        FIRST USE ANYWHERE DATE At least as early as 02/14/2017
        FIRST USE IN COMMERCE DATE At least as early as 02/14/2017
FILING BASIS Section 1(b)
GOODS AND/OR SERVICES SECTION (038)(proposed)
INTERNATIONAL CLASS 038
DESCRIPTION
Encrypted electronic transmission and delivery of recovered data; Computer transmission of information accessed via a code or a terminal; Electronic transmission of facsimile communications and data featuring encryption and decryption; Information transmission by telematic codes; Providing access to databases; Providing access to telecommunication networks; Providing private and secure real time electronic communication over a computer network; Providing user access to global computer networks; Providing virtual private network (VPN) services, namely, private and secure electronic communications over a private or public computer network; Telecommunication services, namely, providing electronic message alerts via the internet notifying individuals of a changed status or condition of a sensing device in a security system; Transmission, reception and processing of coded and emergency signals
       FIRST USE ANYWHERE DATE At least as early as 02/14/2017
       FIRST USE IN COMMERCE DATE At least as early as 02/14/2017
       STATEMENT TYPE "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 FILE NAME(S)
       ORIGINAL PDF FILE SPU1-72218234227-20190311234826333723_._ICE-TM-6L_OA_Specimen1.pdf
       CONVERTED PDF FILE(S)
       (4 pages)
\\TICRS\EXPORT17\IMAGEOUT17\875\176\87517622\xml12\ROA0016.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\875\176\87517622\xml12\ROA0017.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\875\176\87517622\xml12\ROA0018.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\875\176\87517622\xml12\ROA0019.JPG
       ORIGINAL PDF FILE SPU1-72218234227-20190311234826333723_._Specimen_2_Ironclad_Encryption_-_Products_Page.pdf
       CONVERTED PDF FILE(S)
       (3 pages)
\\TICRS\EXPORT17\IMAGEOUT17\875\176\87517622\xml12\ROA0020.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\875\176\87517622\xml12\ROA0021.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\875\176\87517622\xml12\ROA0022.JPG
       SPECIMEN DESCRIPTION services material
FILING BASIS Section 1(b)
GOODS AND/OR SERVICES SECTION (042)(current)
INTERNATIONAL CLASS 042
DESCRIPTION
Computer security consultancy; Computer security consultancy in the field of scanning and penetration testing of computers and networks to assess information security vulnerability; Computer security consultancy in the field of computer security, data encryption; Computer security services in the nature of administering digital certificates; Computer security services in the nature of administering digital keys; Computer consultation in the field of computer security; Computer consultation in the field of computer security, data encryption; Data security consultancy; Authentication, issuance and validation of digital certificates; Computer code conversion for others; Computer security services in the nature of providing authentication, issuance, validation and revocation of digital certificates; Computer security services, namely, restricting unauthorized access to secured access areas, encrypted data; Computer security services, namely, restricting unauthorized network access by users without credentials; Computer security threat analysis for protecting data; Computer security service, namely, restricting access to and by computer networks to and of undesired web sites, media and individuals and facilities; Computer services, namely, encrypted data recovery services; Data encryption and decoding services; Data encryption services; Data encryption services for providing security and anonymity for electronically transmitted credit card transactions; Design and development of electronic data security systems; Design, development, and implementation of software for authenticating user identification, data encryption; Development of software for secure network operations; Electronic document and e-mail authentication services; Electronic signature verification services using technology to authenticate user identity; Installation and maintenance of data encryption software; Installation of data encryption software; Installation, maintenance and repair of data encryption software; Maintenance of computer software relating to computer security and prevention of computer risks; Maintenance of computer software used for data encryption; Providing a secure, web-based service featuring technology that enables individuals to remotely create and manage their own accounts so that whatever private content they upload now can be encrypted, then delivered to their intended recipients, at the time and in the manner requested; Providing electronic verification of on-line orders of digital content and generating electronic permission codes which then allow users to access said digital content; Updating of computer software relating to computer security and prevention of computer risks
        FIRST USE ANYWHERE DATE At least as early as 02/14/2017
        FIRST USE IN COMMERCE DATE At least as early as 02/14/2017
FILING BASIS Section 1(b)
GOODS AND/OR SERVICES SECTION (042)(proposed)
INTERNATIONAL CLASS 042
DESCRIPTION
Computer security consultancy; Computer security consultancy in the field of scanning and penetration testing of computers and networks to assess information security vulnerability; Computer security consultancy in the field of computer security, data encryption; Computer security services in the nature of administering digital certificates; Computer security services in the nature of administering digital keys; Computer consultation in the field of computer security; Computer consultation in the field of computer security, data encryption; Data security consultancy; Authentication, issuance and validation of digital certificates; Computer code conversion for others; Computer security services in the nature of providing authentication, issuance, validation and revocation of digital certificates; Computer security services, namely, restricting unauthorized access to secured access areas, encrypted data; Computer security services, namely, restricting unauthorized network access by users without credentials; Computer security threat analysis for protecting data; Computer security service, namely, restricting access to and by computer networks to and of undesired web sites, media and individuals and facilities; Computer services, namely, encrypted data recovery services; Data encryption and decoding services; Data encryption services; Data encryption services for providing security and anonymity for electronically transmitted credit card transactions; Design and development of electronic data security systems; Design, development, and implementation of software for authenticating user identification, data encryption; Development of software for secure network operations; Electronic document and e-mail authentication services; Electronic signature verification services using technology to authenticate user identity; Installation and maintenance of data encryption software; Installation of data encryption software; Installation, maintenance and repair of data encryption software; Maintenance of computer software relating to computer security and prevention of computer risks; Maintenance of computer software used for data encryption; Providing a secure, web-based service featuring technology that enables individuals to remotely create and manage their own accounts so that whatever private content they upload now can be encrypted, then delivered to their intended recipients, at the time and in the manner requested; Providing electronic verification of on-line orders of digital content and generating electronic permission codes which then allow users to access said digital content; Updating of computer software relating to computer security and prevention of computer risks
       FIRST USE ANYWHERE DATE At least as early as 02/14/2017
       FIRST USE IN COMMERCE DATE At least as early as 02/14/2017
       STATEMENT TYPE "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 FILE NAME(S)
       ORIGINAL PDF FILE SPU2-72218234227-20190311234826333723_._ICE-TM-6L_OA_Specimen1.pdf
       CONVERTED PDF FILE(S)
       (4 pages)
\\TICRS\EXPORT17\IMAGEOUT17\875\176\87517622\xml12\ROA0023.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\875\176\87517622\xml12\ROA0024.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\875\176\87517622\xml12\ROA0025.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\875\176\87517622\xml12\ROA0026.JPG
       ORIGINAL PDF FILE SPU2-72218234227-20190311234826333723_._Specimen_2_Ironclad_Encryption_-_Products_Page.pdf
       CONVERTED PDF FILE(S)
       (3 pages)
\\TICRS\EXPORT17\IMAGEOUT17\875\176\87517622\xml12\ROA0027.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\875\176\87517622\xml12\ROA0028.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\875\176\87517622\xml12\ROA0029.JPG
       SPECIMEN DESCRIPTION services material
FILING BASIS Section 1(b)
GOODS AND/OR SERVICES SECTION (045)(current)
INTERNATIONAL CLASS 045
DESCRIPTION
Identification verification services, namely, providing authentication of personal identification information; Identification verification services, namely, providing authentication of personal identification information via secure storage and transmitting such information via the Internet; Providing user authentication of electronic funds transfer, credit and debit card and electronic check transactions via a global computer network; Providing user authentication services in e-commerce transactions
        FIRST USE ANYWHERE DATE At least as early as 02/14/2017
        FIRST USE IN COMMERCE DATE At least as early as 02/14/2017
FILING BASIS Section 1(b)
GOODS AND/OR SERVICES SECTION (045)(proposed)
INTERNATIONAL CLASS 045
DESCRIPTION
Identification verification services, namely, providing authentication of personal identification information; Identification verification services, namely, providing authentication of personal identification information via secure storage and transmitting such information via the Internet; Providing user authentication of electronic funds transfer, credit and debit card and electronic check transactions via a global computer network; Providing user authentication services in e-commerce transactions
       FIRST USE ANYWHERE DATE At least as early as 02/14/2017
       FIRST USE IN COMMERCE DATE At least as early as 02/14/2017
       STATEMENT TYPE "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 FILE NAME(S)
       ORIGINAL PDF FILE SPU3-72218234227-20190311234826333723_._ICE-TM-6L_OA_Specimen1.pdf
       CONVERTED PDF FILE(S)
       (4 pages)
\\TICRS\EXPORT17\IMAGEOUT17\875\176\87517622\xml12\ROA0030.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\875\176\87517622\xml12\ROA0031.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\875\176\87517622\xml12\ROA0032.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\875\176\87517622\xml12\ROA0033.JPG
       ORIGINAL PDF FILE SPU3-72218234227-20190311234826333723_._Specimen_2_Ironclad_Encryption_-_Products_Page.pdf
       CONVERTED PDF FILE(S)
       (3 pages)
\\TICRS\EXPORT17\IMAGEOUT17\875\176\87517622\xml12\ROA0034.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\875\176\87517622\xml12\ROA0035.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\875\176\87517622\xml12\ROA0036.JPG
       SPECIMEN DESCRIPTION services material
FILING BASIS Section 1(b)
SIGNATURE SECTION
DECLARATION SIGNATURE /Len Walker/
SIGNATORY'S NAME Len Walker
SIGNATORY'S POSITION VP Legal
SIGNATORY'S PHONE NUMBER 910-546-1141
DATE SIGNED 03/11/2019
RESPONSE SIGNATURE /Len Walker/
SIGNATORY'S NAME Len Walker
SIGNATORY'S POSITION VP Legal
SIGNATORY'S PHONE NUMBER 910-546-1141
DATE SIGNED 03/11/2019
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Mon Mar 11 23:58:46 EDT 2019
TEAS STAMP USPTO/ROA-XX.XXX.XXX.XXX-
20190311235846285249-8751
7622-620be6c58ddc896c98cc
2361b3f1d48576cbe55f822ad
632a7a22379f89b64c9d-N/A-
N/A-20190311234826333723



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. 87517622 ICE (Stylized and/or with Design, see http://uspto.report/TM/87517622/mark.png) has been amended as follows:

EVIDENCE
Evidence in the nature of Actual argument text has been attached.
Original PDF file:
evi_72218234227-20190311234826333723_._ICE-TM-6L_OA_Response_11Mar19.pdf
Converted PDF file(s) ( 7 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Evidence-6
Evidence-7

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 009 for Access control and alarm monitoring systems; 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 authorising access to databases; 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 access control systems for interlocking doors; 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; Electronic text-messaging device for use in conjunction with personal digital assistants; 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; Magnetic coded card readers; Network access server hardware; Network access server operating software; 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; Wireless digital electronic apparatus to secure and protect data and images on all forms of wireless equipment including mobile telecommunications equipment using an automatic synchronization process and alarm notification of the loss or theft of the wireless equipment including mobile telecommunications equipment
Original Filing Basis:
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant.

In International Class 009, the mark was first used at least as early as 02/14/2017 and first used in commerce at least as early as 02/14/2017 .

Proposed: Class 009 for Access control and alarm monitoring systems; 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 authorising access to databases; 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 access control systems for interlocking doors; 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; Electronic text-messaging device for use in conjunction with personal digital assistants; 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; Magnetic coded card readers; Network access server hardware; Network access server operating software; 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; Wireless digital electronic apparatus to secure and protect data and images on all forms of wireless equipment including mobile telecommunications equipment using an automatic synchronization process and alarm notification of the loss or theft of the wireless equipment including mobile telecommunications equipment
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant.

In International Class 009, the mark was first used at least as early as 02/14/2017 . and first used in commerce at least as early as 02/14/2017 .

Applicant hereby submits one(or more) specimen(s) for Class 009 . The specimen(s) submitted consists of webpage, description of goods with means of ordering .
"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:
SPU0-72218234227-20190311234826333723_._ICE-TM-6L_OA_Specimen1.pdf
Converted PDF file(s) ( 4 pages)
Specimen File1
Specimen File2
Specimen File3
Specimen File4
Original PDF file:
SPU0-72218234227-20190311234826333723_._Specimen_2_Ironclad_Encryption_-_Products_Page.pdf
Converted PDF file(s) ( 3 pages)
Specimen File1
Specimen File2
Specimen File3

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 038 for Encrypted electronic transmission and delivery of recovered data; Computer transmission of information accessed via a code or a terminal; Electronic transmission of facsimile communications and data featuring encryption and decryption; Information transmission by telematic codes; Providing access to databases; Providing access to telecommunication networks; Providing private and secure real time electronic communication over a computer network; Providing user access to global computer networks; Providing virtual private network (VPN) services, namely, private and secure electronic communications over a private or public computer network; Telecommunication services, namely, providing electronic message alerts via the internet notifying individuals of a changed status or condition of a sensing device in a security system; Transmission, reception and processing of coded and emergency signals
Original Filing Basis:
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant.

In International Class 038, the mark was first used at least as early as 02/14/2017 and first used in commerce at least as early as 02/14/2017 .

Proposed: Class 038 for Encrypted electronic transmission and delivery of recovered data; Computer transmission of information accessed via a code or a terminal; Electronic transmission of facsimile communications and data featuring encryption and decryption; Information transmission by telematic codes; Providing access to databases; Providing access to telecommunication networks; Providing private and secure real time electronic communication over a computer network; Providing user access to global computer networks; Providing virtual private network (VPN) services, namely, private and secure electronic communications over a private or public computer network; Telecommunication services, namely, providing electronic message alerts via the internet notifying individuals of a changed status or condition of a sensing device in a security system; Transmission, reception and processing of coded and emergency signals
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant.

In International Class 038, the mark was first used at least as early as 02/14/2017 . and first used in commerce at least as early as 02/14/2017 .

Applicant hereby submits one(or more) specimen(s) for Class 038 . The specimen(s) submitted consists of services material .
"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:
SPU1-72218234227-20190311234826333723_._ICE-TM-6L_OA_Specimen1.pdf
Converted PDF file(s) ( 4 pages)
Specimen File1
Specimen File2
Specimen File3
Specimen File4
Original PDF file:
SPU1-72218234227-20190311234826333723_._Specimen_2_Ironclad_Encryption_-_Products_Page.pdf
Converted PDF file(s) ( 3 pages)
Specimen File1
Specimen File2
Specimen File3

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 042 for Computer security consultancy; Computer security consultancy in the field of scanning and penetration testing of computers and networks to assess information security vulnerability; Computer security consultancy in the field of computer security, data encryption; Computer security services in the nature of administering digital certificates; Computer security services in the nature of administering digital keys; Computer consultation in the field of computer security; Computer consultation in the field of computer security, data encryption; Data security consultancy; Authentication, issuance and validation of digital certificates; Computer code conversion for others; Computer security services in the nature of providing authentication, issuance, validation and revocation of digital certificates; Computer security services, namely, restricting unauthorized access to secured access areas, encrypted data; Computer security services, namely, restricting unauthorized network access by users without credentials; Computer security threat analysis for protecting data; Computer security service, namely, restricting access to and by computer networks to and of undesired web sites, media and individuals and facilities; Computer services, namely, encrypted data recovery services; Data encryption and decoding services; Data encryption services; Data encryption services for providing security and anonymity for electronically transmitted credit card transactions; Design and development of electronic data security systems; Design, development, and implementation of software for authenticating user identification, data encryption; Development of software for secure network operations; Electronic document and e-mail authentication services; Electronic signature verification services using technology to authenticate user identity; Installation and maintenance of data encryption software; Installation of data encryption software; Installation, maintenance and repair of data encryption software; Maintenance of computer software relating to computer security and prevention of computer risks; Maintenance of computer software used for data encryption; Providing a secure, web-based service featuring technology that enables individuals to remotely create and manage their own accounts so that whatever private content they upload now can be encrypted, then delivered to their intended recipients, at the time and in the manner requested; Providing electronic verification of on-line orders of digital content and generating electronic permission codes which then allow users to access said digital content; Updating of computer software relating to computer security and prevention of computer risks
Original Filing Basis:
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant.

In International Class 042, the mark was first used at least as early as 02/14/2017 and first used in commerce at least as early as 02/14/2017 .

Proposed: Class 042 for Computer security consultancy; Computer security consultancy in the field of scanning and penetration testing of computers and networks to assess information security vulnerability; Computer security consultancy in the field of computer security, data encryption; Computer security services in the nature of administering digital certificates; Computer security services in the nature of administering digital keys; Computer consultation in the field of computer security; Computer consultation in the field of computer security, data encryption; Data security consultancy; Authentication, issuance and validation of digital certificates; Computer code conversion for others; Computer security services in the nature of providing authentication, issuance, validation and revocation of digital certificates; Computer security services, namely, restricting unauthorized access to secured access areas, encrypted data; Computer security services, namely, restricting unauthorized network access by users without credentials; Computer security threat analysis for protecting data; Computer security service, namely, restricting access to and by computer networks to and of undesired web sites, media and individuals and facilities; Computer services, namely, encrypted data recovery services; Data encryption and decoding services; Data encryption services; Data encryption services for providing security and anonymity for electronically transmitted credit card transactions; Design and development of electronic data security systems; Design, development, and implementation of software for authenticating user identification, data encryption; Development of software for secure network operations; Electronic document and e-mail authentication services; Electronic signature verification services using technology to authenticate user identity; Installation and maintenance of data encryption software; Installation of data encryption software; Installation, maintenance and repair of data encryption software; Maintenance of computer software relating to computer security and prevention of computer risks; Maintenance of computer software used for data encryption; Providing a secure, web-based service featuring technology that enables individuals to remotely create and manage their own accounts so that whatever private content they upload now can be encrypted, then delivered to their intended recipients, at the time and in the manner requested; Providing electronic verification of on-line orders of digital content and generating electronic permission codes which then allow users to access said digital content; Updating of computer software relating to computer security and prevention of computer risks
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant.

In International Class 042, the mark was first used at least as early as 02/14/2017 . and first used in commerce at least as early as 02/14/2017 .

Applicant hereby submits one(or more) specimen(s) for Class 042 . The specimen(s) submitted consists of services material .
"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:
SPU2-72218234227-20190311234826333723_._ICE-TM-6L_OA_Specimen1.pdf
Converted PDF file(s) ( 4 pages)
Specimen File1
Specimen File2
Specimen File3
Specimen File4
Original PDF file:
SPU2-72218234227-20190311234826333723_._Specimen_2_Ironclad_Encryption_-_Products_Page.pdf
Converted PDF file(s) ( 3 pages)
Specimen File1
Specimen File2
Specimen File3

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 045 for Identification verification services, namely, providing authentication of personal identification information; Identification verification services, namely, providing authentication of personal identification information via secure storage and transmitting such information via the Internet; Providing user authentication of electronic funds transfer, credit and debit card and electronic check transactions via a global computer network; Providing user authentication services in e-commerce transactions
Original Filing Basis:
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant.

In International Class 045, the mark was first used at least as early as 02/14/2017 and first used in commerce at least as early as 02/14/2017 .

Proposed: Class 045 for Identification verification services, namely, providing authentication of personal identification information; Identification verification services, namely, providing authentication of personal identification information via secure storage and transmitting such information via the Internet; Providing user authentication of electronic funds transfer, credit and debit card and electronic check transactions via a global computer network; Providing user authentication services in e-commerce transactions
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant.

In International Class 045, the mark was first used at least as early as 02/14/2017 . and first used in commerce at least as early as 02/14/2017 .

Applicant hereby submits one(or more) specimen(s) for Class 045 . The specimen(s) submitted consists of services material .
"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:
SPU3-72218234227-20190311234826333723_._ICE-TM-6L_OA_Specimen1.pdf
Converted PDF file(s) ( 4 pages)
Specimen File1
Specimen File2
Specimen File3
Specimen File4
Original PDF file:
SPU3-72218234227-20190311234826333723_._Specimen_2_Ironclad_Encryption_-_Products_Page.pdf
Converted PDF file(s) ( 3 pages)
Specimen File1
Specimen File2
Specimen File3

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: 03/11/2019
Signatory's Name: Len Walker
Signatory's Position: VP Legal
Signatory's Phone Number: 910-546-1141


Response Signature
Signature: /Len Walker/     Date: 03/11/2019
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.

        
Serial Number: 87517622
Internet Transmission Date: Mon Mar 11 23:58:46 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XXX-201903112358462
85249-87517622-620be6c58ddc896c98cc2361b
3f1d48576cbe55f822ad632a7a22379f89b64c9d
-N/A-N/A-20190311234826333723


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