Response to Office Action

Trademark

LOUD-HAILER, INC.

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 88163492
LAW OFFICE ASSIGNED LAW OFFICE 105
MARK SECTION
MARK FILE NAME http://uspto.report/TM/88163492/mark.png
STANDARD CHARACTERS NO
USPTO-GENERATED IMAGE NO
COLOR(S) CLAIMED
(If applicable)
Color is not claimed as a feature of the mark.
DESCRIPTION OF THE MARK
(and Color Location, if applicable)
The mark consists of a figure with triangular ears, wearing stylized eye glasses above a nose.
GOODS AND/OR SERVICES SECTION (009)(current)
INTERNATIONAL CLASS 009
DESCRIPTION
Computer hardware for upload, storage, retrieval, download, transmission and delivery of digital content; LAN (local area network) access points for connecting network computer users; Computer hardware, namely, wireless access point (WAP) devices; LAN (local area network) operating software; Computer software for wireless content delivery; Computer software for communication over a proprietary network; Computer software for location based engagement and positioning; Computer software for local device communication; Computer software for content management; Electronic communications systems comprised of computer hardware and software for the transmission of data between multiple points; Computer software to automate data warehousing; Computer hardware and software system for tracking people and objects; Downloadable mobile application software that displays advertisements and promotions for the goods and services of others; Downloadable mobile application for acquiring and storing digital assets; Downloadable software and downloadable mobile applications featuring discounts, offers, deals, coupons, vouchers, promotional codes, promotional contests, rebates and shopping-related information; Software for tracking consumer market data; Software for marketing management; Issuance of digital assets, crypto tokens, cryptocurrency, virtual currency and digital currency; Financial information in the field of crypto tokens, cryptocurrency, virtual currency and digital currency; Currency trading in the nature of buying and selling cryptocurrency, virtual currency and digital currency; Financial services in the fields of cryptocurrency, virtual currency and digital currency; Facilitation of digital assets, cryptocurrency, virtual currency and digital currency transactions; Digital assets, virtual currency, digital currency and cryptocurrency wallet and storage services, namely, financial services in the nature of providing online stored value accounts in an electronic environment; Payment processing services in the fields of financial transactions and an electronic clearing and settlement network using blockchain technology for purposes of exchanging, trading, updating, clearing, settlement, netting, compression, custody, investment and processing of digital assets, virtual currency, digital currency, and cryptocurrency; Administration of a consumer loyalty, reward and incentive program that provides consumers with the ability to earn and redeem digital assets, virtual currency, digital currency, or cryptocurrency; Administration of a consumer loyalty, reward and incentive program to incentivize, promote, and reward the performance of tasks, purchases, referrals, and other engagement with the program; Promoting the use of digital assets, virtual currency, digital currency or cryptocurrency through the administration of an incentive rewards program enabling participants to obtain rewards in the form of digital assets, virtual currency, digital currency, cryptocurrency, points, discounts, offers, experiences, coupons, or complimentary goods and services; Business administration of a customer loyalty, reward and incentive program; Advertising and marketing services, namely, promoting the goods and services of others; Mobile advertising services for others; Advertisement via mobile phone networks; Advertising services; Advertising, marketing and promotional services; Operation and administration of telecommunication systems and networks for others; Dissemination of advertising for others via an on-line communications network; Providing business information by data transfer on a local area network. Software for generating, trading, sending, receiving, storing and safeguarding digital assets, crypto tokens, virtual currency, digital currency and cryptocurrency; Software for managing the exchange of digital assets, crypto tokens, virtual currency, digital currency, and cryptocurrency; Software for performing electronic business transactions via a computer network using digital assets, virtual currency, digital currency, cryptocurrency; Software for processing digital assets, cryptocurrency, virtual currency, and digital currency; Software for processing electronic payments and transferring funds to and from others though the exchange of digital assets, cryptocurrency, virtual currency, and digital currency; Software for managing digital assets, cryptocurrency, virtual currency, and digital currency; Software for facilitating digital assets, virtual currency, digital currency and cryptocurrency transactions; Software for facilitating accepting, effecting, enabling, processing, operating, and managing virtual financial services including digital wallets and enabling exchanges for digital assets, virtual currency, digital currency, or cryptocurrency; Software for facilitating access to an online platform for digital assets, virtual currency, digital currency, and cryptocurrencies and application tokens; Software development and maintenance of software for digital assets, virtual currency, digital currency, cryptocurrency mining and blockchain purposes; Customizing computer software by developing custom blockchain technology and applications; Product design and development in the field of digital assets, virtual currency, digital currency, and cryptocurrency technology; Data mining; Design, development, and implementation of software for blockchains; Design, development, and implementation of software for digital assets, sofvirtual currency, digital currency, and cryptocurrency wallets; Application service provider, namely, hosting, managing, developing, analyzing, and maintaining applications, software, and web sites, of others in the fields of advertising and marketing; Computer network design for others; Development of software for secure network operations; Computer services, namely, creating an on-line community for registered users to promote businesses, participate in discussions, form virtual communities, engage in social networking and participate in a promotional rewards
FILING BASIS Section 1(b)
GOODS AND/OR SERVICES SECTION (009)(proposed)
INTERNATIONAL CLASS 009
TRACKED TEXT DESCRIPTION
Computer hardware for upload, storage, retrieval, download, transmission and delivery of digital content; LAN (local area network) access points for connecting network computer users; Computer hardware, namely, wireless access point (WAP) devices; LAN (local area network) operating software; Computer software for wireless content delivery; Computer software for communication over a proprietary network; Computer software for location based engagement and positioning; Computer software for local device communication; Computer software for content management; Electronic communications systems comprised of computer hardware and software for the transmission of data between multiple points; Computer software to automate data warehousing; Computer hardware and software system for tracking people and objects; Downloadable mobile application software that displays advertisements and promotions for the goods and services of others; Downloadable mobile application for acquiring and storing digital assets; Downloadable software and downloadable mobile applications featuring discounts, offers, deals, coupons, vouchers, promotional codes, promotional contests, rebates and shopping-related information; Downloadable software and downloadable mobile applications for providing discounts, offers, deals, coupons, vouchers, promotional codes, promotional contests, rebates and shopping-related information; Software for tracking consumer market data; Software for marketing management; Issuance of digital assets, crypto tokens, cryptocurrency, virtual currency and digital currency; Downloadable software for generating, trading, sending, receiving, storing and safeguarding digital assets, crypto tokens, virtual currency, digital currency and cryptocurrency; Financial information in the field of crypto tokens, cryptocurrency, virtual currency and digital currency; Downloadable software for managing the exchange of digital assets, crypto tokens, virtual currency, digital currency, and cryptocurrency; Currency trading in the nature of buying and selling cryptocurrency, virtual currency and digital currency; Downloadable software for performing electronic business transactions via a computer network using digital assets, virtual currency, digital currency, cryptocurrency; Financial services in the fields of cryptocurrency, virtual currency and digital currency; Downloadable software for processing digital assets, cryptocurrency, virtual currency, and digital currency; Facilitation of digital assets, cryptocurrency, virtual currency and digital currency transactions; Downloadable software for processing electronic payments and transferring funds to and from others though the exchange of digital assets, cryptocurrency, virtual currency, and digital currency; Digital assets, virtual currency, digital currency and cryptocurrency wallet and storage services, namely, financial services in the nature of providing online stored value accounts in an electronic environment; Downloadable software for managing digital assets, cryptocurrency, virtual currency, and digital currency; Payment processing services in the fields of financial transactions and an electronic clearing and settlement network using blockchain technology for purposes of exchanging, trading, updating, clearing, settlement, netting, compression, custody, investment and processing of digital assets, virtual currency, digital currency, and cryptocurrency; Downloadable software for facilitating digital assets, virtual currency, digital currency and cryptocurrency transactions; Administration of a consumer loyalty, reward and incentive program that provides consumers with the ability to earn and redeem digital assets, virtual currency, digital currency, or cryptocurrency; Downloadable software for facilitating accepting, effecting, enabling, processing, operating, and managing virtual financial services including digital wallets and enabling exchanges for digital assets, virtual currency, digital currency, or cryptocurrency; Administration of a consumer loyalty, reward and incentive program to incentivize, promote, and reward the performance of tasks, purchases, referrals, and other engagement with the program; Downloadable software for facilitating access to an online platform for digital assets, virtual currency, digital currency, and cryptocurrencies and application tokens; Promoting the use of digital assets, virtual currency, digital currency or cryptocurrency through the administration of an incentive rewards program enabling participants to obtain rewards in the form of digital assets, virtual currency, digital currency, cryptocurrency, points, discounts, offers, experiences, coupons, or complimentary goods and services; Business administration of a customer loyalty, reward and incentive program; Advertising and marketing services, namely, promoting the goods and services of others; Mobile advertising services for others; Advertisement via mobile phone networks; Advertising services; Advertising, marketing and promotional services; Operation and administration of telecommunication systems and networks for others; Dissemination of advertising for others via an on-line communications network; Providing business information by data transfer on a local area network. Software for generating, trading, sending, receiving, storing and safeguarding digital assets, crypto tokens, virtual currency, digital currency and cryptocurrency; Software for managing the exchange of digital assets, crypto tokens, virtual currency, digital currency, and cryptocurrency; Software for performing electronic business transactions via a computer network using digital assets, virtual currency, digital currency, cryptocurrency; Software for processing digital assets, cryptocurrency, virtual currency, and digital currency; Software for processing electronic payments and transferring funds to and from others though the exchange of digital assets, cryptocurrency, virtual currency, and digital currency; Software for managing digital assets, cryptocurrency, virtual currency, and digital currency; Software for facilitating digital assets, virtual currency, digital currency and cryptocurrency transactions; Software for facilitating accepting, effecting, enabling, processing, operating, and managing virtual financial services including digital wallets and enabling exchanges for digital assets, virtual currency, digital currency, or cryptocurrency; Software for facilitating access to an online platform for digital assets, virtual currency, digital currency, and cryptocurrencies and application tokens; Software development and maintenance of software for digital assets, virtual currency, digital currency, cryptocurrency mining and blockchain purposes; Customizing computer software by developing custom blockchain technology and applications; Product design and development in the field of digital assets, virtual currency, digital currency, and cryptocurrency technology; Data mining; Design, development, and implementation of software for blockchains; Design, development, and implementation of software for digital assets, sofvirtual currency, digital currency, and cryptocurrency wallets; Application service provider, namely, hosting, managing, developing, analyzing, and maintaining applications, software, and web sites, of others in the fields of advertising and marketing; Computer network design for others; Development of software for secure network operations; Computer services, namely, creating an on-line community for registered users to promote businesses, participate in discussions, form virtual communities, engage in social networking and participate in a promotional rewards
FINAL DESCRIPTION
Computer hardware for upload, storage, retrieval, download, transmission and delivery of digital content; LAN (local area network) access points for connecting network computer users; Computer hardware, namely, wireless access point (WAP) devices; LAN (local area network) operating software; Computer software for wireless content delivery; Computer software for communication over a proprietary network; Computer software for location based engagement and positioning; Computer software for local device communication; Computer software for content management; Electronic communications systems comprised of computer hardware and software for the transmission of data between multiple points; Computer software to automate data warehousing; Computer hardware and software system for tracking people and objects; Downloadable mobile application software that displays advertisements and promotions for the goods and services of others; Downloadable mobile application for acquiring and storing digital assets; Downloadable software and downloadable mobile applications for providing discounts, offers, deals, coupons, vouchers, promotional codes, promotional contests, rebates and shopping-related information; Software for tracking consumer market data; Software for marketing management; Downloadable software for generating, trading, sending, receiving, storing and safeguarding digital assets, crypto tokens, virtual currency, digital currency and cryptocurrency; Downloadable software for managing the exchange of digital assets, crypto tokens, virtual currency, digital currency, and cryptocurrency; Downloadable software for performing electronic business transactions via a computer network using digital assets, virtual currency, digital currency, cryptocurrency; Downloadable software for processing digital assets, cryptocurrency, virtual currency, and digital currency; Downloadable software for processing electronic payments and transferring funds to and from others though the exchange of digital assets, cryptocurrency, virtual currency, and digital currency; Downloadable software for managing digital assets, cryptocurrency, virtual currency, and digital currency; Downloadable software for facilitating digital assets, virtual currency, digital currency and cryptocurrency transactions; Downloadable software for facilitating accepting, effecting, enabling, processing, operating, and managing virtual financial services including digital wallets and enabling exchanges for digital assets, virtual currency, digital currency, or cryptocurrency; Downloadable software for facilitating access to an online platform for digital assets, virtual currency, digital currency, and cryptocurrencies and application tokens;
FILING BASIS Section 1(b)
GOODS AND/OR SERVICES SECTION (035)(class added)
INTERNATIONAL CLASS 035
DESCRIPTION
Business administration of a consumer loyalty, reward and incentive program that provides consumers with the ability to earn and redeem digital assets, virtual currency, digital currency, or cryptocurrency; Business administration of a consumer loyalty, reward and incentive program to incentivize, promote, and reward the performance of tasks, purchases, referrals, and other engagement with the program; Promoting the use of digital assets, virtual currency, digital currency or cryptocurrency through the administration of an incentive rewards program enabling participants to obtain rewards in the form of digital assets, virtual currency, digital currency, cryptocurrency, points, discounts, offers, experiences, coupons, or complimentary goods and services; Business administration of a customer loyalty, reward and incentive program; Advertising and marketing services, namely, promoting the goods and services of others; Mobile advertising services for others; Advertisement via mobile phone networks; Advertising services; Advertising, marketing and promotional services; Operation and administration of telecommunication systems and networks for others; Dissemination of advertising for others via an on-line communications network; Providing business information by data transfer on a local area network.
FILING BASIS Section 1(b)
GOODS AND/OR SERVICES SECTION (036)(class added)
INTERNATIONAL CLASS 036
DESCRIPTION
Issuance of tokens of value, namely, issuance of digital assets, crypto tokens, cryptocurrency, virtual currency and digital currency; Financial information in the field of crypto tokens, cryptocurrency, virtual currency and digital currency; Currency trading in the nature of buying and selling cryptocurrency, virtual currency and digital currency; Financial services, namely, currency trading in the fields of cryptocurrency, virtual currency and digital currency; Merchant services, namely, payment transaction processing services in the nature of facilitation of digital assets, cryptocurrency, virtual currency and digital currency transactions; Digital assets, virtual currency, digital currency and cryptocurrency wallet and storage services, namely, financial services in the nature of providing online stored value accounts in an electronic environment; Payment processing services in the fields of financial transactions and an electronic clearing and settlement network using blockchain technology for purposes of exchanging, trading, updating, clearing, settlement, netting, compression, custody, investment and processing of digital assets, virtual currency, digital currency, and cryptocurrency;
FILING BASIS Section 1(b)
GOODS AND/OR SERVICES SECTION (042)(class added)
INTERNATIONAL CLASS 042
DESCRIPTION
Software development and maintenance of software for digital assets, virtual currency, digital currency, cryptocurrency mining and blockchain purposes; Customizing computer software by developing custom blockchain technology and applications; Product design and development in the field of digital assets, virtual currency, digital currency, and cryptocurrency technology; Data mining; Design, development, and implementation of software for blockchains; Design, development, and implementation of software for digital assets, virtual currency, digital currency, and cryptocurrency wallets; Application service provider, namely, hosting, managing, developing, analyzing, and maintaining applications, software, and web sites, of others in the fields of advertising and marketing; Computer network design for others; Development of software for secure network operations; Computer services, namely, creating an on-line community for registered users to promote businesses, participate in discussions, form virtual communities, engage in social networking and participate in a promotional rewards; Online non-downloadable software for generating, trading, sending, receiving, storing and safeguarding digital assets, crypto tokens, virtual currency, digital currency and cryptocurrency; Online non-downloadable software for managing the exchange of digital assets, crypto tokens, virtual currency, digital currency, and cryptocurrency; Online non-downloadable software for performing electronic business transactions via a computer network using digital assets, virtual currency, digital currency, cryptocurrency; Online non-downloadable software for processing digital assets, cryptocurrency, virtual currency, and digital currency; Online non-downloadable software for processing electronic payments and transferring funds to and from others though the exchange of digital assets, cryptocurrency, virtual currency, and digital currency; Online non-downloadable software for managing digital assets, cryptocurrency, virtual currency, and digital currency; Online non-downloadable software for facilitating digital assets, virtual currency, digital currency and cryptocurrency transactions; Online non-downloadable software for facilitating accepting, effecting, enabling, processing, operating, and managing virtual financial services including digital wallets and enabling exchanges for digital assets, virtual currency, digital currency, or cryptocurrency; Online non-downloadable software for facilitating access to an online platform for digital assets, virtual currency, digital currency, and cryptocurrencies and application tokens;
FILING BASIS Section 1(b)
ADDITIONAL STATEMENTS SECTION
DESCRIPTION OF THE MARK
(and Color Location, if applicable)
The mark consists of a design of a large eye with a gradient band and triangular ears above the design of the eye.
PAYMENT SECTION
NUMBER OF CLASSES 3
APPLICATION FOR REGISTRATION PER CLASS 275
TOTAL FEES DUE 825
SIGNATURE SECTION
DECLARATION SIGNATURE /Alice Denenberg/
SIGNATORY'S NAME Alice Denenberg
SIGNATORY'S POSITION Attorney of Record, New York State Bar Member
SIGNATORY'S PHONE NUMBER 212-684-3900
DATE SIGNED 06/27/2019
RESPONSE SIGNATURE /Alice Denenberg/
SIGNATORY'S NAME Alice Denenberg
SIGNATORY'S POSITION Attorney of Record, New York State Bar Member
SIGNATORY'S PHONE NUMBER 212-684-3900
DATE SIGNED 06/27/2019
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Thu Jun 27 14:14:09 EDT 2019
TEAS STAMP USPTO/ROA-XX.XXX.XXX.XX-2
0190627141409233749-88163
492-62013662e3115a70ac17a
6d9f083921985f9cf8e24228d
2644d4cd569d3ac6aa1-DA-50
1-20190627134131984889



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. 88163492  (Stylized and/or with Design, see http://uspto.report/TM/88163492/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 009 for Computer hardware for upload, storage, retrieval, download, transmission and delivery of digital content; LAN (local area network) access points for connecting network computer users; Computer hardware, namely, wireless access point (WAP) devices; LAN (local area network) operating software; Computer software for wireless content delivery; Computer software for communication over a proprietary network; Computer software for location based engagement and positioning; Computer software for local device communication; Computer software for content management; Electronic communications systems comprised of computer hardware and software for the transmission of data between multiple points; Computer software to automate data warehousing; Computer hardware and software system for tracking people and objects; Downloadable mobile application software that displays advertisements and promotions for the goods and services of others; Downloadable mobile application for acquiring and storing digital assets; Downloadable software and downloadable mobile applications featuring discounts, offers, deals, coupons, vouchers, promotional codes, promotional contests, rebates and shopping-related information; Software for tracking consumer market data; Software for marketing management; Issuance of digital assets, crypto tokens, cryptocurrency, virtual currency and digital currency; Financial information in the field of crypto tokens, cryptocurrency, virtual currency and digital currency; Currency trading in the nature of buying and selling cryptocurrency, virtual currency and digital currency; Financial services in the fields of cryptocurrency, virtual currency and digital currency; Facilitation of digital assets, cryptocurrency, virtual currency and digital currency transactions; Digital assets, virtual currency, digital currency and cryptocurrency wallet and storage services, namely, financial services in the nature of providing online stored value accounts in an electronic environment; Payment processing services in the fields of financial transactions and an electronic clearing and settlement network using blockchain technology for purposes of exchanging, trading, updating, clearing, settlement, netting, compression, custody, investment and processing of digital assets, virtual currency, digital currency, and cryptocurrency; Administration of a consumer loyalty, reward and incentive program that provides consumers with the ability to earn and redeem digital assets, virtual currency, digital currency, or cryptocurrency; Administration of a consumer loyalty, reward and incentive program to incentivize, promote, and reward the performance of tasks, purchases, referrals, and other engagement with the program; Promoting the use of digital assets, virtual currency, digital currency or cryptocurrency through the administration of an incentive rewards program enabling participants to obtain rewards in the form of digital assets, virtual currency, digital currency, cryptocurrency, points, discounts, offers, experiences, coupons, or complimentary goods and services; Business administration of a customer loyalty, reward and incentive program; Advertising and marketing services, namely, promoting the goods and services of others; Mobile advertising services for others; Advertisement via mobile phone networks; Advertising services; Advertising, marketing and promotional services; Operation and administration of telecommunication systems and networks for others; Dissemination of advertising for others via an on-line communications network; Providing business information by data transfer on a local area network. Software for generating, trading, sending, receiving, storing and safeguarding digital assets, crypto tokens, virtual currency, digital currency and cryptocurrency; Software for managing the exchange of digital assets, crypto tokens, virtual currency, digital currency, and cryptocurrency; Software for performing electronic business transactions via a computer network using digital assets, virtual currency, digital currency, cryptocurrency; Software for processing digital assets, cryptocurrency, virtual currency, and digital currency; Software for processing electronic payments and transferring funds to and from others though the exchange of digital assets, cryptocurrency, virtual currency, and digital currency; Software for managing digital assets, cryptocurrency, virtual currency, and digital currency; Software for facilitating digital assets, virtual currency, digital currency and cryptocurrency transactions; Software for facilitating accepting, effecting, enabling, processing, operating, and managing virtual financial services including digital wallets and enabling exchanges for digital assets, virtual currency, digital currency, or cryptocurrency; Software for facilitating access to an online platform for digital assets, virtual currency, digital currency, and cryptocurrencies and application tokens; Software development and maintenance of software for digital assets, virtual currency, digital currency, cryptocurrency mining and blockchain purposes; Customizing computer software by developing custom blockchain technology and applications; Product design and development in the field of digital assets, virtual currency, digital currency, and cryptocurrency technology; Data mining; Design, development, and implementation of software for blockchains; Design, development, and implementation of software for digital assets, sofvirtual currency, digital currency, and cryptocurrency wallets; Application service provider, namely, hosting, managing, developing, analyzing, and maintaining applications, software, and web sites, of others in the fields of advertising and marketing; Computer network design for others; Development of software for secure network operations; Computer services, namely, creating an on-line community for registered users to promote businesses, participate in discussions, form virtual communities, engage in social networking and participate in a promotional rewards
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: Computer hardware for upload, storage, retrieval, download, transmission and delivery of digital content; LAN (local area network) access points for connecting network computer users; Computer hardware, namely, wireless access point (WAP) devices; LAN (local area network) operating software; Computer software for wireless content delivery; Computer software for communication over a proprietary network; Computer software for location based engagement and positioning; Computer software for local device communication; Computer software for content management; Electronic communications systems comprised of computer hardware and software for the transmission of data between multiple points; Computer software to automate data warehousing; Computer hardware and software system for tracking people and objects; Downloadable mobile application software that displays advertisements and promotions for the goods and services of others; Downloadable mobile application for acquiring and storing digital assets; Downloadable software and downloadable mobile applications featuring discounts, offers, deals, coupons, vouchers, promotional codes, promotional contests, rebates and shopping-related information; Downloadable software and downloadable mobile applications for providing discounts, offers, deals, coupons, vouchers, promotional codes, promotional contests, rebates and shopping-related information; Software for tracking consumer market data; Software for marketing management; Issuance of digital assets, crypto tokens, cryptocurrency, virtual currency and digital currency; Downloadable software for generating, trading, sending, receiving, storing and safeguarding digital assets, crypto tokens, virtual currency, digital currency and cryptocurrency; Financial information in the field of crypto tokens, cryptocurrency, virtual currency and digital currency; Downloadable software for managing the exchange of digital assets, crypto tokens, virtual currency, digital currency, and cryptocurrency; Currency trading in the nature of buying and selling cryptocurrency, virtual currency and digital currency; Downloadable software for performing electronic business transactions via a computer network using digital assets, virtual currency, digital currency, cryptocurrency; Financial services in the fields of cryptocurrency, virtual currency and digital currency; Downloadable software for processing digital assets, cryptocurrency, virtual currency, and digital currency; Facilitation of digital assets, cryptocurrency, virtual currency and digital currency transactions; Downloadable software for processing electronic payments and transferring funds to and from others though the exchange of digital assets, cryptocurrency, virtual currency, and digital currency; Digital assets, virtual currency, digital currency and cryptocurrency wallet and storage services, namely, financial services in the nature of providing online stored value accounts in an electronic environment; Downloadable software for managing digital assets, cryptocurrency, virtual currency, and digital currency; Payment processing services in the fields of financial transactions and an electronic clearing and settlement network using blockchain technology for purposes of exchanging, trading, updating, clearing, settlement, netting, compression, custody, investment and processing of digital assets, virtual currency, digital currency, and cryptocurrency; Downloadable software for facilitating digital assets, virtual currency, digital currency and cryptocurrency transactions; Administration of a consumer loyalty, reward and incentive program that provides consumers with the ability to earn and redeem digital assets, virtual currency, digital currency, or cryptocurrency; Downloadable software for facilitating accepting, effecting, enabling, processing, operating, and managing virtual financial services including digital wallets and enabling exchanges for digital assets, virtual currency, digital currency, or cryptocurrency; Administration of a consumer loyalty, reward and incentive program to incentivize, promote, and reward the performance of tasks, purchases, referrals, and other engagement with the program; Downloadable software for facilitating access to an online platform for digital assets, virtual currency, digital currency, and cryptocurrencies and application tokens; Promoting the use of digital assets, virtual currency, digital currency or cryptocurrency through the administration of an incentive rewards program enabling participants to obtain rewards in the form of digital assets, virtual currency, digital currency, cryptocurrency, points, discounts, offers, experiences, coupons, or complimentary goods and services; Business administration of a customer loyalty, reward and incentive program; Advertising and marketing services, namely, promoting the goods and services of others; Mobile advertising services for others; Advertisement via mobile phone networks; Advertising services; Advertising, marketing and promotional services; Operation and administration of telecommunication systems and networks for others; Dissemination of advertising for others via an on-line communications network; Providing business information by data transfer on a local area network. Software for generating, trading, sending, receiving, storing and safeguarding digital assets, crypto tokens, virtual currency, digital currency and cryptocurrency; Software for managing the exchange of digital assets, crypto tokens, virtual currency, digital currency, and cryptocurrency; Software for performing electronic business transactions via a computer network using digital assets, virtual currency, digital currency, cryptocurrency; Software for processing digital assets, cryptocurrency, virtual currency, and digital currency; Software for processing electronic payments and transferring funds to and from others though the exchange of digital assets, cryptocurrency, virtual currency, and digital currency; Software for managing digital assets, cryptocurrency, virtual currency, and digital currency; Software for facilitating digital assets, virtual currency, digital currency and cryptocurrency transactions; Software for facilitating accepting, effecting, enabling, processing, operating, and managing virtual financial services including digital wallets and enabling exchanges for digital assets, virtual currency, digital currency, or cryptocurrency; Software for facilitating access to an online platform for digital assets, virtual currency, digital currency, and cryptocurrencies and application tokens; Software development and maintenance of software for digital assets, virtual currency, digital currency, cryptocurrency mining and blockchain purposes; Customizing computer software by developing custom blockchain technology and applications; Product design and development in the field of digital assets, virtual currency, digital currency, and cryptocurrency technology; Data mining; Design, development, and implementation of software for blockchains; Design, development, and implementation of software for digital assets, sofvirtual currency, digital currency, and cryptocurrency wallets; Application service provider, namely, hosting, managing, developing, analyzing, and maintaining applications, software, and web sites, of others in the fields of advertising and marketing; Computer network design for others; Development of software for secure network operations; Computer services, namely, creating an on-line community for registered users to promote businesses, participate in discussions, form virtual communities, engage in social networking and participate in a promotional rewardsClass 009 for Computer hardware for upload, storage, retrieval, download, transmission and delivery of digital content; LAN (local area network) access points for connecting network computer users; Computer hardware, namely, wireless access point (WAP) devices; LAN (local area network) operating software; Computer software for wireless content delivery; Computer software for communication over a proprietary network; Computer software for location based engagement and positioning; Computer software for local device communication; Computer software for content management; Electronic communications systems comprised of computer hardware and software for the transmission of data between multiple points; Computer software to automate data warehousing; Computer hardware and software system for tracking people and objects; Downloadable mobile application software that displays advertisements and promotions for the goods and services of others; Downloadable mobile application for acquiring and storing digital assets; Downloadable software and downloadable mobile applications for providing discounts, offers, deals, coupons, vouchers, promotional codes, promotional contests, rebates and shopping-related information; Software for tracking consumer market data; Software for marketing management; Downloadable software for generating, trading, sending, receiving, storing and safeguarding digital assets, crypto tokens, virtual currency, digital currency and cryptocurrency; Downloadable software for managing the exchange of digital assets, crypto tokens, virtual currency, digital currency, and cryptocurrency; Downloadable software for performing electronic business transactions via a computer network using digital assets, virtual currency, digital currency, cryptocurrency; Downloadable software for processing digital assets, cryptocurrency, virtual currency, and digital currency; Downloadable software for processing electronic payments and transferring funds to and from others though the exchange of digital assets, cryptocurrency, virtual currency, and digital currency; Downloadable software for managing digital assets, cryptocurrency, virtual currency, and digital currency; Downloadable software for facilitating digital assets, virtual currency, digital currency and cryptocurrency transactions; Downloadable software for facilitating accepting, effecting, enabling, processing, operating, and managing virtual financial services including digital wallets and enabling exchanges for digital assets, virtual currency, digital currency, or cryptocurrency; Downloadable software for facilitating access to an online platform for digital assets, virtual currency, digital currency, and cryptocurrencies and application tokens;
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 hereby adds the following class of goods/services to the application:
New: Class 035 for Business administration of a consumer loyalty, reward and incentive program that provides consumers with the ability to earn and redeem digital assets, virtual currency, digital currency, or cryptocurrency; Business administration of a consumer loyalty, reward and incentive program to incentivize, promote, and reward the performance of tasks, purchases, referrals, and other engagement with the program; Promoting the use of digital assets, virtual currency, digital currency or cryptocurrency through the administration of an incentive rewards program enabling participants to obtain rewards in the form of digital assets, virtual currency, digital currency, cryptocurrency, points, discounts, offers, experiences, coupons, or complimentary goods and services; Business administration of a customer loyalty, reward and incentive program; Advertising and marketing services, namely, promoting the goods and services of others; Mobile advertising services for others; Advertisement via mobile phone networks; Advertising services; Advertising, marketing and promotional services; Operation and administration of telecommunication systems and networks for others; Dissemination of advertising for others via an on-line communications network; Providing business information by data transfer on a local area network.
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 hereby adds the following class of goods/services to the application:
New: Class 036 for Issuance of tokens of value, namely, issuance of digital assets, crypto tokens, cryptocurrency, virtual currency and digital currency; Financial information in the field of crypto tokens, cryptocurrency, virtual currency and digital currency; Currency trading in the nature of buying and selling cryptocurrency, virtual currency and digital currency; Financial services, namely, currency trading in the fields of cryptocurrency, virtual currency and digital currency; Merchant services, namely, payment transaction processing services in the nature of facilitation of digital assets, cryptocurrency, virtual currency and digital currency transactions; Digital assets, virtual currency, digital currency and cryptocurrency wallet and storage services, namely, financial services in the nature of providing online stored value accounts in an electronic environment; Payment processing services in the fields of financial transactions and an electronic clearing and settlement network using blockchain technology for purposes of exchanging, trading, updating, clearing, settlement, netting, compression, custody, investment and processing of digital assets, virtual currency, digital currency, and cryptocurrency;
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 hereby adds the following class of goods/services to the application:
New: Class 042 for Software development and maintenance of software for digital assets, virtual currency, digital currency, cryptocurrency mining and blockchain purposes; Customizing computer software by developing custom blockchain technology and applications; Product design and development in the field of digital assets, virtual currency, digital currency, and cryptocurrency technology; Data mining; Design, development, and implementation of software for blockchains; Design, development, and implementation of software for digital assets, virtual currency, digital currency, and cryptocurrency wallets; Application service provider, namely, hosting, managing, developing, analyzing, and maintaining applications, software, and web sites, of others in the fields of advertising and marketing; Computer network design for others; Development of software for secure network operations; Computer services, namely, creating an on-line community for registered users to promote businesses, participate in discussions, form virtual communities, engage in social networking and participate in a promotional rewards; Online non-downloadable software for generating, trading, sending, receiving, storing and safeguarding digital assets, crypto tokens, virtual currency, digital currency and cryptocurrency; Online non-downloadable software for managing the exchange of digital assets, crypto tokens, virtual currency, digital currency, and cryptocurrency; Online non-downloadable software for performing electronic business transactions via a computer network using digital assets, virtual currency, digital currency, cryptocurrency; Online non-downloadable software for processing digital assets, cryptocurrency, virtual currency, and digital currency; Online non-downloadable software for processing electronic payments and transferring funds to and from others though the exchange of digital assets, cryptocurrency, virtual currency, and digital currency; Online non-downloadable software for managing digital assets, cryptocurrency, virtual currency, and digital currency; Online non-downloadable software for facilitating digital assets, virtual currency, digital currency and cryptocurrency transactions; Online non-downloadable software for facilitating accepting, effecting, enabling, processing, operating, and managing virtual financial services including digital wallets and enabling exchanges for digital assets, virtual currency, digital currency, or cryptocurrency; Online non-downloadable software for facilitating access to an online platform for digital assets, virtual currency, digital currency, and cryptocurrencies and application tokens;
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.

ADDITIONAL STATEMENTS
Description of mark
The mark consists of a design of a large eye with a gradient band and triangular ears above the design of the eye.

FEE(S)
Fee(s) in the amount of $825 is being submitted.

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: /Alice Denenberg/      Date: 06/27/2019
Signatory's Name: Alice Denenberg
Signatory's Position: Attorney of Record, New York State Bar Member
Signatory's Phone Number: 212-684-3900


Response Signature
Signature: /Alice Denenberg/     Date: 06/27/2019
Signatory's Name: Alice Denenberg
Signatory's Position: Attorney of Record, New York State Bar Member

Signatory's Phone Number: 212-684-3900

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.

        
RAM Sale Number: 88163492
RAM Accounting Date: 06/28/2019
        
Serial Number: 88163492
Internet Transmission Date: Thu Jun 27 14:14:09 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XX-2019062714140923
3749-88163492-62013662e3115a70ac17a6d9f0
83921985f9cf8e24228d2644d4cd569d3ac6aa1-
DA-501-20190627134131984889


Response to Office Action [image/jpeg]


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