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. 88059651 PXL(Standard Characters, see http://uspto.report/TM/88059651/mark.png) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 042 for designing, and developing web sites for others on a global computer network and in a mobile application; hosting the software, websites and other computer applications of others through virtual private servers, cloud hosting, dedicated services and virtual hosting; dedicated IP hosting for others; hosting of web sites, namely, DNS hosting services for others; computer services, namely, data encryption service for digital communications featuring digital encryption certificate; providing temporary use of non downloadable computer software for personal and business finance and accounting, transaction processing and planning, tax payment filing, business process management, and financial planning, inventory management, estimating, job costing, employee time tracking, business operations management and project management; design services for others, namely, design services in the nature of graphic design in the field of logos; providing temporary use of non-downloadable computer software for use in sharing data with others, for performing queries and transactions, and for storing, modifying, transmitting and receiving information in the fields of personal finance, business finance, accounting, banking, bill payment, financial planning and tax planning; online computer services, namely, providing e-mail and spam filtering services to protect websites and online applications from receiving unsolicited messages, blocking pop-up messages and protecting the privacy of users during the course of interacting with a global computer network; global computer system domain name searching services, namely, conducting computer searches for the availability of domain names and a list of expired domain names; technical support services, namely, troubleshooting in the nature of diagnosing computer hardware and software problems; information technology services related to registration and account management services of email accounts for identification of users on a global computer network; developing and hosting a server on a global computer network for the purpose of facilitating e-commerce and an on-line store via such a server; computer services, namely, on-line scanning, detecting, quarantining and eliminating of viruses, worms, trojans, spyware, adware, malware and unauthorized data and programs on computers and electronic devices; on-line security services, namely, authentication issuance and validation of digital certificates in the nature of code signing and driver signing certificates; computer services, namely, providing on-line non-downloadable software for database management, electronic spreadsheets, designing, creating, editing and publishing documents, note taking, email, calendaring, contacts management, presentation graphics, desktop publishing, document management, word processing, instant messaging, voice over internet protocol (voip), video conferencing, audio conferencing, application sharing, computer desktop sharing, file transfer, sensing and providing user presence information, and telephony, computer network security, anti-virus protection, and intrusion detection and prevention; providing temporary use of a non-downloadable mobile web application for use in registering domain names, account management, email, and the creation of mobile-optimized websites; parking domain names for others, namely, providing computer servers for electronic storage of domain name addresses; global computer system domain name searching services namely, conducting online computerized searches for the availability of domain names; domain name privacy services, namely, data encryption services for purposes of protecting the privacy of users during the course of interacting with a global computer network; increasing traffic flow to websites on the internet, namely, promoting the goods and services of others by providing automated hypertext links to the websites of others using optimal search terms and search engines; business appraisals, namely, providing appraisal services relating to the purchase and sale of domain names; domain monetization services for others; pay per click advertising management services, namely, providing computer services which allows for revenue generated from click-through advertising for facilitation of the storage and monetization of domain name addresses; online commercial information directories on the internet featuring software developers and software applications; online domain auction services via a global computer network; providing information about domain names for sale by means of the internet; on-line advertising and marketing services for others, namely, search engine optimization services for sales promotion, email marketing services, compilation of business directory listings, creating corporate and brand identity for others; providing online bookkeeping services for others; reseller services, in the field of internet services, namely, distributorship services in the field of domains, hosting, SSL certificates, email and online services; affiliate marketing services; business advice and information relating to small and medium businesses; providing information and expert opinions relating to companies and business, namely, information in the fields of accounting, business management and tax planning; domain name brokering services, namely, procuring of contracts for the purchase and sale of domain names
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 01/20/2010 and first used in commerce at least as early as 04/15/2010 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Designing, and developing web sites for others on a global computer network and in a mobile application; hosting the software, websites and other computer applications of others through virtual private servers, cloud hosting, dedicated services and virtual hosting; hosting the software, websites and other computer applications, namely, hosting of digital content on the Internet of others through virtual private servers, cloud hosting, dedicated services and virtual hosting; dedicated IP hosting for others; hosting internet sites for others, namely, dedicated IP hosting for others; hosting of web sites, namely, DNS hosting services for others; computer services, namely, data encryption service for digital communications featuring digital encryption certificate; providing temporary use of non downloadable computer software for personal and business finance and accounting, transaction processing and planning, tax payment filing, business process management, and financial planning, inventory management, estimating, job costing, employee time tracking, business operations management and project management; design services for others, namely, design services in the nature of graphic design in the field of logos; providing temporary use of non-downloadable computer software for use in sharing data with others, for performing queries and transactions, and for storing, modifying, transmitting and receiving information in the fields of personal finance, business finance, accounting, banking, bill payment, financial planning and tax planning; online computer services, namely, providing e-mail and spam filtering services to protect websites and online applications from receiving unsolicited messages, blocking pop-up messages and protecting the privacy of users during the course of interacting with a global computer network; global computer system domain name searching services, namely, conducting computer searches for the availability of domain names and a list of expired domain names; technical support services, namely, troubleshooting in the nature of diagnosing computer hardware and software problems; information technology services related to registration and account management services of email accounts for identification of users on a global computer network; developing and hosting a server on a global computer network for the purpose of facilitating e-commerce and an on-line store via such a server; computer services, namely, on-line scanning, detecting, quarantining and eliminating of viruses, worms, trojans, spyware, adware, malware and unauthorized data and programs on computers and electronic devices; on-line security services, namely, authentication issuance and validation of digital certificates in the nature of code signing and driver signing certificates; computer services, namely, providing on-line non-downloadable software for database management, electronic spreadsheets, designing, creating, editing and publishing documents, note taking, email, calendaring, contacts management, presentation graphics, desktop publishing, document management, word processing, instant messaging, voice over internet protocol (voip), video conferencing, audio conferencing, application sharing, computer desktop sharing, file transfer, sensing and providing user presence information, and telephony, computer network security, anti-virus protection, and intrusion detection and prevention; providing temporary use of a non-downloadable mobile web application for use in registering domain names, account management, email, and the creation of mobile-optimized websites; parking domain names for others, namely, providing computer servers for electronic storage of domain name addresses; global computer system domain name searching services namely, conducting online computerized searches for the availability of domain names; domain name privacy services, namely, data encryption services for purposes of protecting the privacy of users during the course of interacting with a global computer network; increasing traffic flow to websites on the internet, namely, promoting the goods and services of others by providing automated hypertext links to the websites of others using optimal search terms and search engines; business appraisals, namely, providing appraisal services relating to the purchase and sale of domain names; domain monetization services for others; pay per click advertising management services, namely, providing computer services which allows for revenue generated from click-through advertising for facilitation of the storage and monetization of domain name addresses; online commercial information directories on the internet featuring software developers and software applications; online domain auction services via a global computer network; providing information about domain names for sale by means of the internet; on-line advertising and marketing services for others, namely, search engine optimization services for sales promotion, email marketing services, compilation of business directory listings, creating corporate and brand identity for others; providing online bookkeeping services for others; reseller services, in the field of internet services, namely, distributorship services in the field of domains, hosting, SSL certificates, email and online services; affiliate marketing services; business advice and information relating to small and medium businesses; providing information and expert opinions relating to companies and business, namely, information in the fields of accounting, business management and tax planning; domain name brokering services, namely, procuring of contracts for the purchase and sale of domain namesClass 042 for Designing, and developing web sites for others on a global computer network and in a mobile application; hosting the software, websites and other computer applications, namely, hosting of digital content on the Internet of others through virtual private servers, cloud hosting, dedicated services and virtual hosting; hosting internet sites for others, namely, dedicated IP hosting for others; hosting of web sites, namely, DNS hosting services for others; computer services, namely, data encryption service for digital communications featuring digital encryption certificate; providing temporary use of non downloadable computer software for personal and business finance and accounting, transaction processing and planning, tax payment filing, business process management, and financial planning, inventory management, estimating, job costing, employee time tracking, business operations management and project management; design services for others, namely, design services in the nature of graphic design in the field of logos; providing temporary use of non-downloadable computer software for use in sharing data with others, for performing queries and transactions, and for storing, modifying, transmitting and receiving information in the fields of personal finance, business finance, accounting, banking, bill payment, financial planning and tax planning; online computer services, namely, providing e-mail and spam filtering services to protect websites and online applications from receiving unsolicited messages, blocking pop-up messages and protecting the privacy of users during the course of interacting with a global computer network; global computer system domain name searching services, namely, conducting computer searches for the availability of domain names and a list of expired domain names; technical support services, namely, troubleshooting in the nature of diagnosing computer hardware and software problems; information technology services related to registration and account management services of email accounts for identification of users on a global computer network; developing and hosting a server on a global computer network for the purpose of facilitating e-commerce and an on-line store via such a server; computer services, namely, on-line scanning, detecting, quarantining and eliminating of viruses, worms, trojans, spyware, adware, malware and unauthorized data and programs on computers and electronic devices; on-line security services, namely, authentication issuance and validation of digital certificates in the nature of code signing and driver signing certificates; computer services, namely, providing on-line non-downloadable software for database management, electronic spreadsheets, designing, creating, editing and publishing documents, note taking, email, calendaring, contacts management, presentation graphics, desktop publishing, document management, word processing, instant messaging, voice over internet protocol (voip), video conferencing, audio conferencing, application sharing, computer desktop sharing, file transfer, sensing and providing user presence information, and telephony, computer network security, anti-virus protection, and intrusion detection and prevention; providing temporary use of a non-downloadable mobile web application for use in registering domain names, account management, email, and the creation of mobile-optimized websites; parking domain names for others, namely, providing computer servers for electronic storage of domain name addresses; global computer system domain name searching services namely, conducting online computerized searches for the availability of domain names; domain name privacy services, namely, data encryption services for purposes of protecting the privacy of users during the course of interacting with a global computer network
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 01/20/2010 and first used in commerce at least as early as 04/15/2010 , and is now in use in such commerce.
ATTORNEY ADDRESS
Applicant proposes to amend the following:
Proposed:
Christopher J. Day of Day Law Firm, having an address of
9977 North 90th Street, Suite 155 Scottsdale, Arizona 85258
United States
chris@daylawfirm.com
602-258-4440
602-258-4441
The Other Appointed Attorney(s): Janna Day.

CORRESPONDENCE ADDRESS CHANGE
Applicant proposes to amend the following:
Current:
PXL
3104 32ND ST, 5
ASTORIA
New York
US
11106

Proposed:
Christopher J. Day of Day Law Firm, having an address of
9977 North 90th Street, Suite 155 Scottsdale, Arizona 85258
United States
chris@daylawfirm.com
602-258-4440
602-258-4441



SIGNATURE(S)
Response Signature
Signature: /Christopher J. Day/     Date: 01/14/2019
Signatory's Name: Christopher J. Day
Signatory's Position: Attorney of record, Arizona bar member

Signatory's Phone Number: 602-258-4440

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.

Mailing Address:    Christopher J. Day
   Day Law Firm
   9977 North 90th Street, Suite 155
   Scottsdale, Arizona 85258
        
Serial Number: 88059651
Internet Transmission Date: Mon Jan 14 14:18:12 EST 2019
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.X-2019011414181278
5817-88059651-62041b279fb279c74464492599
11961a62eafb1117851e6fc7d18ef4636a8-N/A-
N/A-20190114141736078466