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. 88111400 WHATSAPP(Standard Characters, see http://uspto.report/TM/88111400/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 035 for Marketing, advertising and promotion services; Provision of market research and marketing information services; Promoting the goods and services of others via the internet and communication networks; Business and advertising services, namely, business consultation in the field of media planning and media buying for others, and advertising services for tracking advertising performance, for managing, distributing and serving advertising, for analyzing advertising data, for reporting advertising data, and for optimizing advertising performance; Consulting services in the fields of advertising and marketing; Facilitating the exchange and sale of services and products of third parties via the internet and communication networks by operating an online marketplace; Providing online marketplaces for sellers of goods and/or services; Providing online interfaces, namely web interfaces and mobile interfaces for connecting sellers with buyers; Business networking; Advertising services, namely, providing classified advertising space via the internet and communications networks; Charitable services, namely, promoting public awareness about charitable, philanthropic, volunteer, public and community service and humanitarian activities; Providing telephone directory information via the internet and communications networks; Electronic catalog services, namely, presentation of goods and services of others; Customer relationship management; Business assistance and consulting services; Providing online interfaces, namely web interfaces and mobile interfaces where user's can post comments, ratings, reviews, and recommendations concerning the services of others in the field of business organizations, professional services, restaurants, accommodations, travel, and retail services using global communication networks; Providing online business directories featuring restaurants, bars, hotels, stores, movie theaters, dance clubs, museums, art galleries, and other cultural and social spaces
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: Marketing, advertising and promotion services; Provision of market research and marketing information services; Promoting the goods and services of others via the internet and communication networks; Business and advertising services, namely, business consultation in the field of media planning and media buying for others, and advertising services for tracking advertising performance, for managing, distributing and serving advertising, for analyzing advertising data, for reporting advertising data, and for optimizing advertising performance; Consulting services in the fields of advertising and marketing; Facilitating the exchange and sale of services and products of third parties via the internet and communication networks by operating an online marketplace; Providing online marketplaces for sellers of goods and/or services; Providing online interfaces, namely web interfaces and mobile interfaces for connecting sellers with buyers; Providing online websites for connecting sellers with buyers; Business networking; Advertising services, namely, providing classified advertising space via the internet and communications networks; Charitable services, namely, promoting public awareness about charitable, philanthropic, volunteer, public and community service and humanitarian activities; Providing telephone directory information via the internet and communications networks; Electronic catalog services, namely, presentation of goods and services of others; Electronic catalog services, featuring a wide variety of goods and services of others; Customer relationship management; Business assistance and consulting services; Providing online interfaces, namely web interfaces and mobile interfaces where user's can post comments, ratings, reviews, and recommendations concerning the services of others in the field of business organizations, professional services, restaurants, accommodations, travel, and retail services using global communication networks; Providing websites featuring ratings, reviews, and recommendations and comments related thereto, posted by consumer users concerning the services of others in the field of restaurants, accommodations, travel, and retail services for commercial purposes using global communication networks; Providing online business directories featuring restaurants, bars, hotels, stores, movie theaters, dance clubs, museums, art galleries, and other cultural and social spaces; Providing online business directories featuring restaurants, bars, hotels, stores, movie theaters, dance clubs, museums, and art galleries.Class 035 for Marketing, advertising and promotion services; Provision of market research and marketing information services; Promoting the goods and services of others via the internet and communication networks; Business and advertising services, namely, business consultation in the field of media planning and media buying for others, and advertising services for tracking advertising performance, for managing, distributing and serving advertising, for analyzing advertising data, for reporting advertising data, and for optimizing advertising performance; Consulting services in the fields of advertising and marketing; Facilitating the exchange and sale of services and products of third parties via the internet and communication networks by operating an online marketplace; Providing online marketplaces for sellers of goods and/or services; Providing online websites for connecting sellers with buyers; Business networking; Advertising services, namely, providing classified advertising space via the internet and communications networks; Charitable services, namely, promoting public awareness about charitable, philanthropic, volunteer, public and community service and humanitarian activities; Providing telephone directory information via the internet and communications networks; Electronic catalog services, featuring a wide variety of goods and services of others; Customer relationship management; Business assistance and consulting services; Providing websites featuring ratings, reviews, and recommendations and comments related thereto, posted by consumer users concerning the services of others in the field of restaurants, accommodations, travel, and retail services for commercial purposes using global communication networks; Providing online business directories featuring restaurants, bars, hotels, stores, movie theaters, dance clubs, museums, and art galleries.
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 036 for Financial transaction processing services, namely, providing secure commercial transactions and payment options; Electronic processing and transmission of bill payment data for users of computer and communication networks; Electronic funds transfer services; Credit card, debit card, and gift card transaction processing services; Merchant services, namely, payment transaction processing services; Providing electronic mobile payment services for others; Financial information and advisory services; Credit card, debit card, cash card, and gift card payment processing services; Provision of financial information services
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: Financial transaction processing services, namely, providing secure commercial transactions and payment options; Electronic processing and transmission of bill payment data for users of computer and communication networks; Electronic processing and subsequent transmission of bill payment data for users of computer and communication networks; Electronic funds transfer services; Credit card, debit card, and gift card transaction processing services; Merchant services, namely, payment transaction processing services; Providing electronic mobile payment services for others; Financial information and advisory services; Credit card, debit card, cash card, and gift card payment processing services; Provision of financial information services; Provision of financial information services.Class 036 for Financial transaction processing services, namely, providing secure commercial transactions and payment options; Electronic processing and subsequent transmission of bill payment data for users of computer and communication networks; Electronic funds transfer services; Credit card, debit card, and gift card transaction processing services; Merchant services, namely, payment transaction processing services; Providing electronic mobile payment services for others; Financial information and advisory services; Credit card, debit card, cash card, and gift card payment processing services; Provision of financial information services.
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.

The applicant's current attorney information: Karen A. Webb. Karen A. Webb of FENWICK & WEST LLP, is located at

      SILICON VALLEY CENTER
      801 CALIFORNIA STREET
      MOUNTAIN VIEW, California 94041
      US
The docket/reference number is 30444-00077.

The phone number is 650-988-6500.

The fax number is 650-938-8522.

The email address is trademarks@fenwick.com

The applicants proposed attorney information: Karen A. Webb. Karen A. Webb of FENWICK & WEST LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      SILICON VALLEY CENTER
      801 CALIFORNIA STREET
      MOUNTAIN VIEW, California 94041
      United States
The docket/reference number is 30444-00077.

The phone number is 650-988-6500.

The fax number is 650-938-8522.

The email address is trademarks@fenwick.com

Karen A. Webb submitted the following statement: The attorney of record is an active member in good standing of the bar of the highest court of a U.S. state, the District of Columbia, or any U.S. Commonwealth or territory.
The applicant's current correspondence information: KAREN A. WEBB. KAREN A. WEBB of FENWICK & WEST LLP, is located at

      SILICON VALLEY CENTER
      801 CALIFORNIA STREET
      MOUNTAIN VIEW, California 94041
      US
The docket/reference number is 30444-00077.

The phone number is 650-988-6500.

The fax number is 650-938-8522.

The email address is trademarks@fenwick.com

The applicants proposed correspondence information: Karen A. Webb. Karen A. Webb of FENWICK & WEST LLP, is located at

      SILICON VALLEY CENTER
      801 CALIFORNIA STREET
      MOUNTAIN VIEW, California 94041
      United States
The docket/reference number is 30444-00077.

The phone number is 650-988-6500.

The fax number is 650-938-8522.

The email address is trademarks@fenwick.com

SIGNATURE(S)
Request for Reconsideration Signature
Signature: /pjf/     Date: 12/13/2019
Signatory's Name: Paul Famiglietti
Signatory's Position: Attorney of record, California Bar member

The signatory has confirmed that he/she is a U.S.-licensed attorney who is an active member in good standing of the bar of the highest court of a U.S. state (including the District of Columbia and any U.S. Commonwealth or territory); 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.-licensed attorney not currently associated with his/her company/firm previously represented the owner/holder in this matter: the owner/holder has revoked their power of attorney by a signed revocation or substitute power of attorney with the USPTO; the USPTO has granted that attorney's withdrawal request; the owner/holder has filed a power of attorney appointing him/her in this matter; or the owner's/holder's appointed U.S.-licensed attorney has filed a power of attorney appointing him/her as an associate attorney in this matter.

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

Mailing Address:    KAREN A. WEBB
   FENWICK & WEST LLP
   SILICON VALLEY CENTER
   801 CALIFORNIA STREET
   MOUNTAIN VIEW, California 94041
Mailing Address:    Karen A. Webb
   FENWICK & WEST LLP
   SILICON VALLEY CENTER
   801 CALIFORNIA STREET
   MOUNTAIN VIEW, California 94041
        
Serial Number: 88111400
Internet Transmission Date: Fri Dec 13 18:16:08 EST 2019
TEAS Stamp: USPTO/RFR-X.XX.XXX.XXX-20191213181608252
497-88111400-70069f94b576e1a3495ae312276
0518fbd5a83954becc86acddfb321d566acc2c-N
/A-N/A-20191213121146717044