Response to Office Action

WHATSAPP

WHATSAPP LLC

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 88111400
LAW OFFICE ASSIGNED LAW OFFICE 113
MARK SECTION
MARK http://uspto.report/TM/88111400/mark.png
LITERAL ELEMENT WHATSAPP
STANDARD CHARACTERS YES
USPTO-GENERATED IMAGE YES
MARK STATEMENT The mark consists of standard characters, without claim to any particular font style, size or color.
EVIDENCE SECTION
        EVIDENCE FILE NAME(S)
       ORIGINAL PDF FILE evi_839136204-20190528203807556398_._WHATSAPP_OA_Final__US_.pdf
       CONVERTED PDF FILE(S)
       (23 pages)
\\TICRS\EXPORT17\IMAGEOUT17\881\114\88111400\xml5\ROA0002.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\881\114\88111400\xml5\ROA0003.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\881\114\88111400\xml5\ROA0004.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\881\114\88111400\xml5\ROA0005.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\881\114\88111400\xml5\ROA0006.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\881\114\88111400\xml5\ROA0007.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\881\114\88111400\xml5\ROA0008.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\881\114\88111400\xml5\ROA0009.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\881\114\88111400\xml5\ROA0010.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\881\114\88111400\xml5\ROA0011.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\881\114\88111400\xml5\ROA0012.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\881\114\88111400\xml5\ROA0013.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\881\114\88111400\xml5\ROA0014.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\881\114\88111400\xml5\ROA0015.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\881\114\88111400\xml5\ROA0016.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\881\114\88111400\xml5\ROA0017.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\881\114\88111400\xml5\ROA0018.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\881\114\88111400\xml5\ROA0019.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\881\114\88111400\xml5\ROA0020.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\881\114\88111400\xml5\ROA0021.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\881\114\88111400\xml5\ROA0022.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\881\114\88111400\xml5\ROA0023.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\881\114\88111400\xml5\ROA0024.JPG
DESCRIPTION OF EVIDENCE FILE support of the argument as a PDF attachment
GOODS AND/OR SERVICES SECTION (035)(current)
INTERNATIONAL CLASS 035
DESCRIPTION
Marketing, advertising and promotion services; Provision of market research and information services; Promoting the goods and services of others via the internet and communication networks; Business and advertising services; 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; Providing online marketplaces for sellers of goods and/or services; Providing online facilities for connecting sellers with buyers; Business networking; Employment and recruiting services; Advertising and information distribution services, in particular 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; Customer relationship management; Business assistance and consulting services; Providing online facilities featuring user comments concerning business organizations, service providers, and other resources; Providing online business directories featuring the businesses, products and services of others
FILING BASIS Section 1(b)
GOODS AND/OR SERVICES SECTION (035)(proposed)
INTERNATIONAL CLASS 035
TRACKED TEXT DESCRIPTION
Marketing, advertising and promotion services; Provision of market research and information 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; 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; 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 facilities for connecting sellers with buyers; Providing online interfaces, namely web interfaces and mobile interfaces for connecting sellers with buyers; Business networking; Employment and recruiting services; Advertising services, namely, providing classified advertising space via the internet and communications networks; Advertising and information distribution services, in particular 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; 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 facilities featuring user comments concerning business organizations, service providers, and other resources; 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 the businesses, products and services of others
FINAL 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; 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
FILING BASIS Section 1(b)
GOODS AND/OR SERVICES SECTION (036)(current)
INTERNATIONAL CLASS 036
DESCRIPTION
Financial transaction processing services; Processing and transmission of bill payment data for users of computer and communication networks; 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 services; Payment processing services; Financial transaction services
FILING BASIS Section 1(b)
GOODS AND/OR SERVICES SECTION (036)(proposed)
INTERNATIONAL CLASS 036
TRACKED TEXT DESCRIPTION
Financial transaction processing services; Financial transaction processing services, namely, providing secure commercial transactions and payment options; Processing and transmission of bill payment data for users of computer and communication networks; Electronic processing and transmission of bill payment data for users of computer and communication networks; Funds transfer services; 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 services; Financial information and advisory services; Payment processing services; Credit card, debit card, cash card, and gift card payment processing services; Financial transaction services; Provision of financial information services
FINAL 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 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)
SIGNATURE SECTION
RESPONSE SIGNATURE /kaw/
SIGNATORY'S NAME Karen A. Webb
SIGNATORY'S POSITION Attorney of record, California bar member
SIGNATORY'S PHONE NUMBER 6509888500
DATE SIGNED 06/06/2019
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Mon Jun 10 14:40:51 EDT 2019
TEAS STAMP USPTO/ROA-X.XX.XXX.XXX-20
190610144051065713-881114
00-6208350c842bc426492a0b
921c475f7f39164436fa21da5
fb75bfac15ee5a37a6-N/A-N/
A-20190604143654665237



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. 88111400 WHATSAPP(Standard Characters, see http://uspto.report/TM/88111400/mark.png) has been amended as follows:

EVIDENCE
Evidence in the nature of support of the argument as a PDF attachment has been attached.
Original PDF file:
evi_839136204-20190528203807556398_._WHATSAPP_OA_Final__US_.pdf
Converted PDF file(s) ( 23 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
Evidence-17
Evidence-18
Evidence-19
Evidence-20
Evidence-21
Evidence-22
Evidence-23

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 information services; Promoting the goods and services of others via the internet and communication networks; Business and advertising services; 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; Providing online marketplaces for sellers of goods and/or services; Providing online facilities for connecting sellers with buyers; Business networking; Employment and recruiting services; Advertising and information distribution services, in particular 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; Customer relationship management; Business assistance and consulting services; Providing online facilities featuring user comments concerning business organizations, service providers, and other resources; Providing online business directories featuring the businesses, products and services of others
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 information 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; 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; 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 facilities for connecting sellers with buyers; Providing online interfaces, namely web interfaces and mobile interfaces for connecting sellers with buyers; Business networking; Employment and recruiting services; Advertising services, namely, providing classified advertising space via the internet and communications networks; Advertising and information distribution services, in particular 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; 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 facilities featuring user comments concerning business organizations, service providers, and other resources; 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 the businesses, products and services of othersClass 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
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; Processing and transmission of bill payment data for users of computer and communication networks; 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 services; Payment processing services; Financial transaction 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; Financial transaction processing services, namely, providing secure commercial transactions and payment options; Processing and transmission of bill payment data for users of computer and communication networks; Electronic processing and transmission of bill payment data for users of computer and communication networks; Funds transfer services; 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 services; Financial information and advisory services; Payment processing services; Credit card, debit card, cash card, and gift card payment processing services; Financial transaction services; Provision of financial information servicesClass 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
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: /kaw/     Date: 06/06/2019
Signatory's Name: Karen A. Webb
Signatory's Position: Attorney of record, California bar member

Signatory's Phone Number: 6509888500

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: 88111400
Internet Transmission Date: Mon Jun 10 14:40:51 EDT 2019
TEAS Stamp: USPTO/ROA-X.XX.XXX.XXX-20190610144051065
713-88111400-6208350c842bc426492a0b921c4
75f7f39164436fa21da5fb75bfac15ee5a37a6-N
/A-N/A-20190604143654665237


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