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 |
88240747 |
LAW OFFICE ASSIGNED |
LAW OFFICE 107 |
MARK SECTION |
MARK |
http://uspto.report/TM/88240747/mark.png |
LITERAL ELEMENT |
PASTPORT |
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. |
ARGUMENT(S) |
Please see the actual argument text attached within the Evidence section. |
EVIDENCE SECTION |
EVIDENCE FILE NAME(S) |
ORIGINAL PDF FILE |
evi_10777225141-20190925174005731855_._FILE_NFOA_Response_88240747.pdf |
CONVERTED PDF FILE(S)
(3 pages) |
\\TICRS\EXPORT17\IMAGEOUT17\882\407\88240747\xml4\ROA0002.JPG |
|
\\TICRS\EXPORT17\IMAGEOUT17\882\407\88240747\xml4\ROA0003.JPG |
|
\\TICRS\EXPORT17\IMAGEOUT17\882\407\88240747\xml4\ROA0004.JPG |
ORIGINAL PDF FILE |
evi_1-10777225141-20190925174005731855_._Exhibit_A.pdf |
CONVERTED PDF FILE(S)
(4 pages) |
\\TICRS\EXPORT17\IMAGEOUT17\882\407\88240747\xml4\ROA0005.JPG |
|
\\TICRS\EXPORT17\IMAGEOUT17\882\407\88240747\xml4\ROA0006.JPG |
|
\\TICRS\EXPORT17\IMAGEOUT17\882\407\88240747\xml4\ROA0007.JPG |
|
\\TICRS\EXPORT17\IMAGEOUT17\882\407\88240747\xml4\ROA0008.JPG |
ORIGINAL PDF FILE |
evi_1-10777225141-20190925174005731855_._Exhibit_B.pdf |
CONVERTED PDF FILE(S)
(4 pages) |
\\TICRS\EXPORT17\IMAGEOUT17\882\407\88240747\xml4\ROA0009.JPG |
|
\\TICRS\EXPORT17\IMAGEOUT17\882\407\88240747\xml4\ROA0010.JPG |
|
\\TICRS\EXPORT17\IMAGEOUT17\882\407\88240747\xml4\ROA0011.JPG |
|
\\TICRS\EXPORT17\IMAGEOUT17\882\407\88240747\xml4\ROA0012.JPG |
DESCRIPTION OF EVIDENCE FILE |
Argument text; Exhibit A - TESS listing of PASSPORT registrations in class 9; Exhibit B - TESS listing of PASSPORT registrations in class
42 |
GOODS AND/OR SERVICES SECTION (current) |
INTERNATIONAL CLASS |
009 |
DESCRIPTION |
Computer application software for mobile phones, namely, software for capturing and archiving physical items, documents and artwork in
digital format; Downloadable software in the nature of a mobile application for capturing and archiving physical items, documents and artwork in digital format; Downloadable mobile applications for
capturing and archiving physical items, documents and artwork in digital format; Portable archiving equipment, namely, devices for capturing and archiving physical items, documents and artwork in
digital format; Archiving equipment, namely, devices for capturing and archiving physical items, documents and artwork in digital format; Downloadable mobile applications for processing images into a
digital archival preservation format |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (proposed) |
INTERNATIONAL CLASS |
009 |
TRACKED TEXT DESCRIPTION |
Computer application software for mobile phones, namely, software for capturing and archiving physical
items, documents and artwork in digital format; Computer application software for mobile phones, namely, software for capturing and archiving tangible items,
documents and artwork in digital format; Downloadable software in the nature of a mobile application for capturing and archiving physical items, documents and
artwork in digital format; Downloadable software in the nature of a mobile application for capturing and archiving tangible items, documents and artwork in
digital format; Downloadable mobile applications for capturing and archiving physical items, documents and artwork in digital format; Downloadable mobile applications for capturing and archiving tangible items, documents and artwork in digital format; Portable archiving
equipment, namely, devices for capturing and archiving physical items, documents and artwork in digital format; Portable archiving equipment, namely, devices
comprising a photographic light box for use with a digital camera for capturing and archiving tangible items, documents and artwork in digital format; Archiving
equipment, namely, devices for capturing and archiving physical items, documents and artwork in digital format; Archiving equipment, namely, devices comprising
a photographic light box for use with a digital camera for capturing and archiving tangible items, documents and artwork in digital format; Downloadable mobile
applications for processing images into a digital archival preservation format; Downloadable mobile applications for processing digital images of tangible
items, documents and artwork into a digital archival preservation format |
FINAL DESCRIPTION |
Computer application software for mobile phones, namely, software for capturing and archiving tangible items, documents and artwork in
digital format; Downloadable software in the nature of a mobile application for capturing and archiving tangible items, documents and artwork in digital format; Downloadable mobile applications for
capturing and archiving tangible items, documents and artwork in digital format; Portable archiving equipment, namely, devices comprising a photographic light box for use with a digital camera for
capturing and archiving tangible items, documents and artwork in digital format; Archiving equipment, namely, devices comprising a photographic light box for use with a digital camera for capturing
and archiving tangible items, documents and artwork in digital format; Downloadable mobile applications for processing digital images of tangible items, documents and artwork into a digital archival
preservation format |
FILING BASIS |
Section 1(b) |
ATTORNEY SECTION (current) |
NAME |
Sean L. Sweeney |
ATTORNEY BAR MEMBERSHIP NUMBER |
NOT SPECIFIED |
YEAR OF ADMISSION |
NOT SPECIFIED |
U.S. STATE/ COMMONWEALTH/ TERRITORY |
NOT SPECIFIED |
FIRM NAME |
TREDECIM LLC |
STREET |
91-J AUBURN STREET, #1133 |
CITY |
PORTLAND |
STATE |
Maine |
POSTAL CODE |
04103 |
COUNTRY |
US |
PHONE |
207-221-6100 |
FAX |
617-507-5578 |
EMAIL |
sean@tredecimlaw.com |
AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
DOCKET/REFERENCE NUMBER |
4318-PastPor |
ATTORNEY SECTION (proposed) |
NAME |
Sean L. Sweeney |
ATTORNEY BAR MEMBERSHIP NUMBER |
XXX |
YEAR OF ADMISSION |
XXXX |
U.S. STATE/ COMMONWEALTH/ TERRITORY |
XX |
FIRM NAME |
TREDECIM LLC |
STREET |
91-J AUBURN STREET, #1133 |
CITY |
PORTLAND |
STATE |
Maine |
POSTAL CODE |
04103 |
COUNTRY |
United States |
PHONE |
207-221-6100 |
FAX |
617-507-5578 |
EMAIL |
sean@tredecimlaw.com |
AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
DOCKET/REFERENCE NUMBER |
4318-PastPor |
CORRESPONDENCE SECTION (current) |
NAME |
SEAN L. SWEENEY |
FIRM NAME |
TREDECIM LLC |
STREET |
91-J AUBURN STREET, #1133 |
CITY |
PORTLAND |
STATE |
Maine |
POSTAL CODE |
04103 |
COUNTRY |
US |
PHONE |
207-221-6100 |
FAX |
617-507-5578 |
EMAIL |
sean@tredecimlaw.com; trademark@tredecimlaw.com |
AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
DOCKET/REFERENCE NUMBER |
4318-PastPor |
CORRESPONDENCE SECTION (proposed) |
NAME |
Sean L. Sweeney |
FIRM NAME |
TREDECIM LLC |
STREET |
91-J AUBURN STREET, #1133 |
CITY |
PORTLAND |
STATE |
Maine |
POSTAL CODE |
04103 |
COUNTRY |
United States |
PHONE |
207-221-6100 |
FAX |
617-507-5578 |
EMAIL |
sean@tredecimlaw.com; trademark@tredecimlaw.com |
AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
DOCKET/REFERENCE NUMBER |
4318-PastPor |
SIGNATURE SECTION |
RESPONSE SIGNATURE |
/Sean L. Sweeney/ |
SIGNATORY'S NAME |
Sean L. Sweeney |
SIGNATORY'S POSITION |
Attorney of record, Maine bar member |
SIGNATORY'S PHONE NUMBER |
207-221-6100 |
DATE SIGNED |
09/25/2019 |
AUTHORIZED SIGNATORY |
YES |
FILING INFORMATION SECTION |
SUBMIT DATE |
Wed Sep 25 17:51:40 EDT 2019 |
TEAS STAMP |
USPTO/ROA-XXX.XX.XXX.XXX-
20190925175140971617-8824
0747-610f4ea5d3ece9f93271
a2c35cc927f44913085775378
28d851a1c56c1806e998-N/A-
N/A-20190925174005731855 |
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.
88240747 PASTPORT(Standard Characters, see http://uspto.report/TM/88240747/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
Evidence in the nature of Argument text; Exhibit A - TESS listing of PASSPORT registrations in class 9; Exhibit B - TESS listing of PASSPORT registrations in class 42 has been attached.
Original PDF file:
evi_10777225141-20190925174005731855_._FILE_NFOA_Response_88240747.pdf
Converted PDF file(s) ( 3 pages)
Evidence-1
Evidence-2
Evidence-3
Original PDF file:
evi_1-10777225141-20190925174005731855_._Exhibit_A.pdf
Converted PDF file(s) ( 4 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Original PDF file:
evi_1-10777225141-20190925174005731855_._Exhibit_B.pdf
Converted PDF file(s) ( 4 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 009 for Computer application software for mobile phones, namely, software for capturing and archiving physical items, documents and artwork in digital format; Downloadable
software in the nature of a mobile application for capturing and archiving physical items, documents and artwork in digital format; Downloadable mobile applications for capturing and archiving
physical items, documents and artwork in digital format; Portable archiving equipment, namely, devices for capturing and archiving physical items, documents and artwork in digital format; Archiving
equipment, namely, devices for capturing and archiving physical items, documents and artwork in digital format; Downloadable mobile applications for processing images into a digital archival
preservation format
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 application software for mobile phones, namely, software for capturing and archiving physical items, documents and artwork in
digital format;
Computer application software for mobile phones, namely, software for capturing and archiving tangible items, documents and artwork in digital
format;
Downloadable software in the nature of a mobile application for capturing and archiving physical items, documents and artwork in digital format;
Downloadable software in the nature of a mobile application for capturing and archiving tangible items, documents and artwork in digital format;
Downloadable mobile applications for capturing and archiving physical items, documents and artwork in digital format;
Downloadable mobile
applications for capturing and archiving tangible items, documents and artwork in digital format;
Portable archiving equipment, namely, devices for capturing
and archiving physical items, documents and artwork in digital format;
Portable archiving equipment, namely, devices comprising a photographic light box for use
with a digital camera for capturing and archiving tangible items, documents and artwork in digital format;
Archiving equipment, namely, devices for capturing
and archiving physical items, documents and artwork in digital format;
Archiving equipment, namely, devices comprising a photographic light box for use with a
digital camera for capturing and archiving tangible items, documents and artwork in digital format;
Downloadable mobile applications for processing images into
a digital archival preservation format;
Downloadable mobile applications for processing digital images of tangible items, documents and artwork into a digital
archival preservation formatClass 009 for Computer application software for mobile phones, namely, software for capturing and archiving tangible items, documents and artwork in digital format;
Downloadable software in the nature of a mobile application for capturing and archiving tangible items, documents and artwork in digital format; Downloadable mobile applications for capturing and
archiving tangible items, documents and artwork in digital format; Portable archiving equipment, namely, devices comprising a photographic light box for use with a digital camera for capturing and
archiving tangible items, documents and artwork in digital format; Archiving equipment, namely, devices comprising a photographic light box for use with a digital camera for capturing and archiving
tangible items, documents and artwork in digital format; Downloadable mobile applications for processing digital images of tangible items, documents and artwork into a digital archival preservation
format
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: Sean L. Sweeney. Sean L. Sweeney of TREDECIM LLC, is located at
91-J AUBURN STREET, #1133
PORTLAND, Maine 04103
US
The docket/reference number is 4318-PastPor.
The phone number is 207-221-6100.
The fax number is 617-507-5578.
The email address is sean@tredecimlaw.com
The applicants proposed attorney information: Sean L. Sweeney. Sean L. Sweeney of TREDECIM LLC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at
91-J AUBURN STREET, #1133
PORTLAND, Maine 04103
United States
The docket/reference number is 4318-PastPor.
The phone number is 207-221-6100.
The fax number is 617-507-5578.
The email address is sean@tredecimlaw.com
Sean L. Sweeney 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: SEAN L. SWEENEY. SEAN L. SWEENEY of TREDECIM LLC, is located at
91-J AUBURN STREET, #1133
PORTLAND, Maine 04103
US
The docket/reference number is 4318-PastPor.
The phone number is 207-221-6100.
The fax number is 617-507-5578.
The email address is sean@tredecimlaw.com; trademark@tredecimlaw.com
The applicants proposed correspondence information: Sean L. Sweeney. Sean L. Sweeney of TREDECIM LLC, is located at
91-J AUBURN STREET, #1133
PORTLAND, Maine 04103
United States
The docket/reference number is 4318-PastPor.
The phone number is 207-221-6100.
The fax number is 617-507-5578.
The email address is sean@tredecimlaw.com; trademark@tredecimlaw.com
SIGNATURE(S)
Response Signature
Signature: /Sean L. Sweeney/ Date: 09/25/2019
Signatory's Name: Sean L. Sweeney
Signatory's Position: Attorney of record, Maine bar member
Signatory's Phone Number: 207-221-6100
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: SEAN L. SWEENEY
TREDECIM LLC
91-J AUBURN STREET, #1133
PORTLAND, Maine 04103
Mailing Address: Sean L. Sweeney
TREDECIM LLC
91-J AUBURN STREET, #1133
PORTLAND, Maine 04103
Serial Number: 88240747
Internet Transmission Date: Wed Sep 25 17:51:40 EDT 2019
TEAS Stamp: USPTO/ROA-XXX.XX.XXX.XXX-201909251751409
71617-88240747-610f4ea5d3ece9f93271a2c35
cc927f4491308577537828d851a1c56c1806e998
-N/A-N/A-20190925174005731855