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)

---

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. 88201436 VEW(Standard Characters, see http://uspto.report/TM/88201436/mark.png) has been amended as follows:

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

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

EVIDENCE

Original PDF file:
evi_12146203103-20190826183731020010_._Evidence.pdf
Converted PDF file(s) ( 7 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Evidence-6
Evidence-7

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 009 for Software and downloadable software in the nature of mobile and computer applications all for use in controlling, monitoring, managing and reporting use of devices, namely, mobile phones, portable media players, handheld computers, laptop computers, notebook computers, and computers; software and downloadable software in the nature of mobile and computer applications all for use in controlling, monitoring, managing and reporting use of and access to mobile and computer applications; software and downloadable software in the nature of mobile and computer applications all for use in controlling, monitoring, managing and reporting use of and access to the Internet; software and downloadable software in the nature of mobile and computer applications all for use in restricting access to Internet content
Original Filing Basis:
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant.

Proposed:
Tracked Text Description: Software and downloadable software in the nature of mobile and computer applications all for use in controlling, monitoring, managing and reporting use of devices, namely, mobile phones, portable media players, handheld computers, laptop computers, notebook computers, and computers; Downloadable computer application software and downloadable mobile applications all for use in controlling, monitoring, managing and reporting use of devices, namely, mobile phones, portable media players, handheld computers, laptop computers, notebook computers, and computers; software and downloadable software in the nature of mobile and computer applications all for use in controlling, monitoring, managing and reporting use of and access to mobile and computer applications; downloadable computer application software and downloadable mobile applications all for use in controlling, monitoring, managing and reporting use of and access to mobile and computer applications; software and downloadable software in the nature of mobile and computer applications all for use in controlling, monitoring, managing and reporting use of and access to the Internet; downloadable computer application software and downloadable mobile applications all for use in controlling, monitoring, managing and reporting use of and access to the Internet; software and downloadable software in the nature of mobile and computer applications all for use in restricting access to Internet content; downloadable computer application software and downloadable mobile applications all for use in restricting access to Internet content.Class 009 for Downloadable computer application software and downloadable mobile applications all for use in controlling, monitoring, managing and reporting use of devices, namely, mobile phones, portable media players, handheld computers, laptop computers, notebook computers, and computers; downloadable computer application software and downloadable mobile applications all for use in controlling, monitoring, managing and reporting use of and access to mobile and computer applications; downloadable computer application software and downloadable mobile applications all for use in controlling, monitoring, managing and reporting use of and access to the Internet; downloadable computer application software and downloadable mobile applications all for use in restricting access to Internet content.
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: Jesse A. Salen. Jesse A. Salen of SHEPPARD MULLIN RICHTER & HAMPTON LLP, is located at

      12275 EL CAMINO REAL, SUITE 200
      SAN DIEGO, California 92130-2006
      US
The docket/reference number is 51DA-289862.

The phone number is 858-720-8900.

The fax number is 858-509-3691.

The email address is docketing@sheppardmullin.com

The applicants proposed attorney information: Jesse A. Salen. Jesse A. Salen of SHEPPARD MULLIN RICHTER & HAMPTON LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      12275 EL CAMINO REAL, SUITE 200
      SAN DIEGO, California 92130-2006
      United States
The docket/reference number is 51DA-289862.

The phone number is 858-720-8900.

The fax number is 858-509-3691.

The email address is docketing@sheppardmullin.com

Jesse A. Salen 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: JESSE A. SALEN. JESSE A. SALEN of SHEPPARD MULLIN RICHTER & HAMPTON LLP, is located at

      12275 EL CAMINO REAL, SUITE 200
      SAN DIEGO, California 92130-2006
      US
The docket/reference number is 51DA-289862.

The phone number is 858-720-8900.

The fax number is 858-509-3691.

The email address is docketing@sheppardmullin.com

The applicants proposed correspondence information: Jesse A. Salen. Jesse A. Salen of SHEPPARD MULLIN RICHTER & HAMPTON LLP, is located at

      12275 EL CAMINO REAL, SUITE 200
      SAN DIEGO, California 92130-2006
      United States
The docket/reference number is 51DA-289862.

The phone number is 858-720-8900.

The fax number is 858-509-3691.

The email address is docketing@sheppardmullin.com

SIGNATURE(S)
Response Signature
Signature: /Jesse A. Salen/     Date: 08/26/2019
Signatory's Name: Jesse Salen
Signatory's Position: Attorney of Record, California Bar Member

Signatory's Phone Number: 8587208964

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.

Mailing Address:    JESSE A. SALEN
   SHEPPARD MULLIN RICHTER & HAMPTON LLP
   
   12275 EL CAMINO REAL, SUITE 200
   SAN DIEGO, California 92130-2006
Mailing Address:    Jesse A. Salen
   SHEPPARD MULLIN RICHTER & HAMPTON LLP
   12275 EL CAMINO REAL, SUITE 200
   SAN DIEGO, California 92130-2006
        
Serial Number: 88201436
Internet Transmission Date: Mon Aug 26 19:48:17 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XXX-201908261948176
62603-88201436-6101a393bdc8b7757d259acdf
2b2c2f457195d14d7a1446e7dc2bce3c5bed6b56
41-N/A-N/A-20190826183731020010