Response to Office Action

THE CRYPTOVERSE

Gemini IP, 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 88219329
LAW OFFICE ASSIGNED LAW OFFICE 125
MARK SECTION
MARK http://uspto.report/TM/88219329/mark.png
LITERAL ELEMENT THE CRYPTOVERSE
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.
GOODS AND/OR SERVICES SECTION (009)(no change)
GOODS AND/OR SERVICES SECTION (035)(no change)
GOODS AND/OR SERVICES SECTION (036)(current)
INTERNATIONAL CLASS 036
DESCRIPTION
Financial services of providing an online digital asset exchange for purchasing a plurality of digital assets; Financial administration of a digital asset exchange for purchasing a plurality of digital assets; Financial custody services, namely, maintaining possession of a plurality of digital assets for others for financial management purposes; Providing a financial index based on a plurality of digital assets
FILING BASIS Section 1(b)
GOODS AND/OR SERVICES SECTION (036)(proposed)
INTERNATIONAL CLASS 036
TRACKED TEXT DESCRIPTION
Financial services of providing an online digital asset exchange for purchasing a plurality of digital assets; Financial administration of a digital asset exchange for purchasing a plurality of digital assets; Financial custody services, namely, maintaining possession of a plurality of digital assets for others for financial management purposes; Providing a financial index based on a plurality of digital assets
FINAL DESCRIPTION
Financial services of providing an online digital asset exchange for purchasing a plurality of digital assets; Financial administration of a digital asset exchange for purchasing a plurality of digital assets; Providing a financial index based on a plurality of digital assets
FILING BASIS Section 1(b)
GOODS AND/OR SERVICES SECTION (038)(class deleted)
GOODS AND/OR SERVICES SECTION (042)(no change)
ADDITIONAL STATEMENTS SECTION
MISCELLANEOUS STATEMENT Applicant has restricted the Application to the number of classes covered by the fees already paid by dropping Class 38. Applicant accordingly believes the Application is in condition for publication in due course and respectfully requests the same.
SIGNATURE SECTION
RESPONSE SIGNATURE /Charles R. Macedo, Esq./
SIGNATORY'S NAME Charles R. Macedo, Esq.
SIGNATORY'S POSITION attorney of record; New York State Bar member
SIGNATORY'S PHONE NUMBER 212 336 8000
DATE SIGNED 05/14/2019
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Tue May 14 16:05:21 EDT 2019
TEAS STAMP USPTO/ROA-XXX.XXX.XXX.XXX
-20190514160521181842-882
19329-6203c4dfdb716727af6
d4facd581133f742c089b4d27
4bfdc389b9ef7455eb3af9e-N
/A-N/A-201905141602323705
71



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. 88219329 THE CRYPTOVERSE(Standard Characters, see http://uspto.report/TM/88219329/mark.png) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant hereby deletes the following class of goods/services from the application.
Class 038 for Telecommunication services, namely, providing electronic message alerts via global computer networks and telephonic networks

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 036 for Financial services of providing an online digital asset exchange for purchasing a plurality of digital assets; Financial administration of a digital asset exchange for purchasing a plurality of digital assets; Financial custody services, namely, maintaining possession of a plurality of digital assets for others for financial management purposes; Providing a financial index based on a plurality of digital assets
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 services of providing an online digital asset exchange for purchasing a plurality of digital assets; Financial administration of a digital asset exchange for purchasing a plurality of digital assets; Financial custody services, namely, maintaining possession of a plurality of digital assets for others for financial management purposes; Providing a financial index based on a plurality of digital assetsClass 036 for Financial services of providing an online digital asset exchange for purchasing a plurality of digital assets; Financial administration of a digital asset exchange for purchasing a plurality of digital assets; Providing a financial index based on a plurality of digital assets
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
Miscellaneous Statement
Applicant has restricted the Application to the number of classes covered by the fees already paid by dropping Class 38. Applicant accordingly believes the Application is in condition for publication in due course and respectfully requests the same.


SIGNATURE(S)
Response Signature
Signature: /Charles R. Macedo, Esq./     Date: 05/14/2019
Signatory's Name: Charles R. Macedo, Esq.
Signatory's Position: attorney of record; New York State Bar member

Signatory's Phone Number: 212 336 8000

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: 88219329
Internet Transmission Date: Tue May 14 16:05:21 EDT 2019
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.XXX-20190514160521
181842-88219329-6203c4dfdb716727af6d4fac
d581133f742c089b4d274bfdc389b9ef7455eb3a
f9e-N/A-N/A-20190514160232370571



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