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. 88001478 RUNS ON RIPPLE (Stylized and/or with Design, see http://uspto.report/TM/88001478/mark.png) has been amended as follows:

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

Please see the actual argument text attached within the Evidence section.

EVIDENCE
Evidence in the nature of Actual argument text. has been attached.
Original PDF file:
evi_767624347-20190308155424788599_._82138US01_RUNS_ON_RIPPLE__Stacked__Response_to_Office_Action.pdf
Converted PDF file(s) ( 16 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Evidence-6
Evidence-7
Evidence-8
Evidence-9
Evidence-10
Evidence-11
Evidence-12
Evidence-13
Evidence-14
Evidence-15
Evidence-16

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 036 for Monetary services for receiving and disbursing payments and gifts in fiat currencies and virtual currencies over a computer network and exchanging fiat currencies and virtual currencies over a computer network; financial transaction services, namely, receiving and disbursing payments and gifts in fiat currencies and virtual currencies over a computer network; financial services, namely, providing a virtual currency for exchange and storage over a computer network; currency exchange services, exchanging fiat currencies and virtual currencies over a computer network; payment verification services, namely, delivering payments and gifts from a source to a destination; financial management and administration services, namely, facilitating transfers of digital currency, transmission of digital currency via electronic communication networks, and electronic transmission of digital currency
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.

Proposed:
Tracked Text Description: Monetary services for receiving and disbursing payments and gifts in fiat currencies and virtual currencies over a computer network and exchanging fiat currencies and virtual currencies over a computer network; Monetary services for receiving and disbursing payments and gifts in fiat currencies and virtual currencies over a computer network, namely, payment and funds verification services and payment transaction processing services and exchanging fiat currencies and virtual currencies over a computer network; financial transaction services, namely, receiving and disbursing payments and gifts in fiat currencies and virtual currencies over a computer network; financial transaction services, namely, receiving and disbursing payments and gifts in fiat currencies and virtual currencies over a computer network, namely, payment and funds verification services and payment transaction processing services; financial services, namely, providing a virtual currency for exchange and storage over a computer network; currency exchange services, exchanging fiat currencies and virtual currencies over a computer network; payment verification services, namely, delivering payments and gifts from a source to a destination; financial management and administration services, namely, facilitating transfers of digital currency, transmission of digital currency via electronic communication networks, and electronic transmission of digital currencyClass 036 for Monetary services for receiving and disbursing payments and gifts in fiat currencies and virtual currencies over a computer network, namely, payment and funds verification services and payment transaction processing services and exchanging fiat currencies and virtual currencies over a computer network; financial transaction services, namely, receiving and disbursing payments and gifts in fiat currencies and virtual currencies over a computer network, namely, payment and funds verification services and payment transaction processing services; financial services, namely, providing a virtual currency for exchange and storage over a computer network; currency exchange services, exchanging fiat currencies and virtual currencies over a computer network; payment verification services, namely, delivering payments and gifts from a source to a destination; financial management and administration services, namely, facilitating transfers of digital currency, transmission of digital currency via electronic communication networks, and electronic transmission of digital currency
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.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 042 for Software as a service, featuring software for providing an electronic financial platform that facilitates transaction of payments and financial transactions over a computer network; application service provider feature application programing interface (API) software for financial platform that facilitates transaction of payments over a computer network; computer programming; design and development of computer software; computer software development consulting services; support and consultation services for developing computer systems and applications; providing information in the field of computer software development online
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.

Proposed:
Tracked Text Description: Software as a service, featuring software for providing an electronic financial platform that facilitates transaction of payments and financial transactions over a computer network; application service provider feature application programing interface (API) software for financial platform that facilitates transaction of payments over a computer network; computer programming; design and development of computer software; computer software development consulting services; support and consultation services for developing computer systems and applications; support, namely, troubleshooting computer software problems, help desk services, troubleshooting installation and administration of computer applications and consultation services for developing computer systems and applications; providing information in the field of computer software development onlineClass 042 for Software as a service, featuring software for providing an electronic financial platform that facilitates transaction of payments and financial transactions over a computer network; application service provider feature application programing interface (API) software for financial platform that facilitates transaction of payments over a computer network; computer programming; design and development of computer software; computer software development consulting services; support, namely, troubleshooting computer software problems, help desk services, troubleshooting installation and administration of computer applications and consultation services for developing computer systems and applications; providing information in the field of computer software development online
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.

SIGNATURE(S)
Response Signature
Signature: /Richard C. Gilmore/     Date: 03/08/2019
Signatory's Name: Richard C. Gilmore
Signatory's Position: Attorney of Record, CA Bar Member

Signatory's Phone Number: 435-252-1360

The signatory has confirmed that he/she is an attorney who is a member in good standing of the bar of the highest court of a U.S. state, which includes the District of Columbia, Puerto Rico, and other federal territories and possessions; 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. attorney or a Canadian attorney/agent not currently associated with his/her company/firm previously represented the owner/holder in this matter: (1) the owner/holder has filed or is concurrently filing a signed revocation of or substitute power of attorney with the USPTO; (2) the USPTO has granted the request of the prior representative to withdraw; (3) the owner/holder has filed a power of attorney appointing him/her in this matter; or (4) the owner's/holder's appointed U.S. attorney or Canadian attorney/agent has filed a power of attorney appointing him/her as an associate attorney in this matter.

        
Serial Number: 88001478
Internet Transmission Date: Fri Mar 08 17:54:41 EST 2019
TEAS Stamp: USPTO/ROA-XX.XX.XXX.XX-20190308175441691
858-88001478-6202383b72ea42b163d2547e988
3254ece1f32669de1775d79133ab468cb1ecd4-N
/A-N/A-20190308175357796444