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)

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Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number. PTO Form 1957 (Rev 10/2011)

OMB No. 0651-0050 (Exp 09/20/2020)

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 88228558 BORDERLESS(Standard Characters, see http://uspto.report/TM/88228558/mark.png) has been amended as follows:

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

The mark does not have any significance in the trade or industry, as applied to the services, and is a not a term of art within the industry.

EVIDENCE
Evidence in the nature of Screenshots of registrant's website page showing the mark in use with reference to the Borderless (app) features & how-to setup guide has been attached. Evidence-1
Evidence-2
Evidence-3

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 042 for A peer-to-peer computer application for users to share transactions without centralization of any kind
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: A peer-to-peer computer application for users to share transactions without centralization of any kind; Providing a downloadable computer application for the function of sharing peer-to-peer transactions without the need for a central computer network system.Class 042 for Providing a downloadable computer application for the function of sharing peer-to-peer transactions without the need for a central computer network system.
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: Raj Abhyanker. Raj Abhyanker of LegalForce RAPC Worldwide, P.C., is located at

      446 E Southern Ave.
      Tempe, Arizona 85282
      US

The phone number is 6509658731.

The fax number is (650) 989-2131.

The email address is trademarks@legalforce.com

The applicants proposed attorney information: Raj Abhyanker. Other appointed attorneys are Raj Abhyanker, Ryan Bethell, Ruth Khalsa, Alexis Campbell, Michael Markos, Kate Montgomery, Danielle Trogden. Raj Abhyanker of LegalForce RAPC Worldwide, P.C., is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      446 E Southern Ave.
      Tempe, Arizona 85282
      United States
The docket/reference number is 1187833.

The phone number is 6509658731.

The fax number is (650) 989-2131.

The email address is trademarks@legalforce.com

Raj Abhyanker submitted the following statement: I attest that I am an 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).
The applicant's current correspondence information: Raj Abhyanker. Raj Abhyanker of LegalForce RAPC Worldwide, P.C., is located at

      446 E Southern Ave.
      Tempe, Arizona 85282
      US

The phone number is 6509658731.

The fax number is (650) 989-2131.

The email address is trademarks@legalforce.com

The applicants proposed correspondence information: Raj Abhyanker. Raj Abhyanker of LegalForce RAPC Worldwide, P.C., is located at

      446 E Southern Ave.
      Tempe, Arizona 85282
      United States
The docket/reference number is 1187833.

The phone number is 6509658731.

The fax number is (650) 989-2131.

The email address is trademarks@legalforce.com; michael@legalforcelaw.com; melissa@legalforcelaw.com

SIGNATURE(S)
Response Signature
Signature: /Michael Markos/     Date: 08/12/2019
Signatory's Name: Michael Markos
Signatory's Position: Associate Attorney, LegalForce RAPC Worldwide, P.C., Arizona Bar Member

Signatory's Phone Number: 6503906400

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:    Raj Abhyanker
   LegalForce RAPC Worldwide, P.C.
   
   446 E Southern Ave.
   Tempe, Arizona 85282
Mailing Address:    Raj Abhyanker
   LegalForce RAPC Worldwide, P.C.
   446 E Southern Ave.
   Tempe, Arizona 85282
        
Serial Number: 88228558
Internet Transmission Date: Mon Aug 12 18:48:00 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XXX-201908121848005
31554-88228558-61015f4c3acbcad9a7bb2b7ce
a14ed875aaf881c2027c93821aea1f76b33d2c14
5-N/A-N/A-20190812184428152116