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. 88247173 ECARD(Standard Characters, see http://uspto.report/TM/88247173/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 software used to process mobile payments; computer software for use in contactless transactions with retailers, merchants, and vendors via mobile devices used to process mobile payments; computer software for transmitting, processing, facilitating, verifying, and authenticating credit and debit card information and transaction and payment information; computer software for ensuring the security of mobile payments, of contactless transactions with retailers, merchants and vendors via mobile devices, and of credit and debit card information; computer software for the storage, transmission, verification, and authentication of credit and debit card and other payment and transaction information; computer software for the authentication and redemption of discounts, incentives, and special offers for use in connection with consumer loyalty programs; Electronic device in the nature of a digital wallet that stores and protects financial information for use in making secure electronic payments and providing identity protection; Cards, namely, encoded electronic chip cards for use in financial transactions, encoded smart cards containing programming used to facilitate financial transactions, magnetically encoded charge cards, encoded integrated circuit cards containing programming for use in facilitating financial transactions; Prepaid electronic credit cards for use in financial transactions; embedded Integrated Circuit chip cards, namely, charge cards, debit cards, credit cards, and cards for use in financial transactions; Encoded smart cards containing programming for financial transactions, namely, charge cards, debit cards, credit cards, and cards for use in financial transactions; magnetically encoded cards, namely, charge cards, debit cards, credit cards and cards for use in financial transactions, and cards for consolidating aforementioned functions; Downloadable Software for use in the management and tracking of smart cards; downloadable software applications for smart phones for use in the management and tracking of smart cards; Downloadable embedded OS (operating system) software for use with devices for use in the management and tracking of smart cards
Original Filing Basis:
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 05/01/2018 and first used in commerce at least as early as 05/01/2018 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Computer software used to process mobile payments; Downloadable computer software used to process mobile payments; computer software for use in contactless transactions with retailers, merchants, and vendors via mobile devices used to process mobile payments; downloadable computer software for use in contactless transactions with retailers, merchants, and vendors via mobile devices used to process mobile payments; computer software for transmitting, processing, facilitating, verifying, and authenticating credit and debit card information and transaction and payment information; downloadable computer software for transmitting, processing, facilitating, verifying, and authenticating credit and debit card information and transaction and payment information; computer software for ensuring the security of mobile payments, of contactless transactions with retailers, merchants and vendors via mobile devices, and of credit and debit card information; downloadable computer software for ensuring the security of mobile payments, of contactless transactions with retailers, merchants and vendors via mobile devices, and of credit and debit card information; computer software for the storage, transmission, verification, and authentication of credit and debit card and other payment and transaction information; downloadable computer software for the storage, transmission, verification, and authentication of credit and debit card and other payment and transaction information; computer software for the authentication and redemption of discounts, incentives, and special offers for use in connection with consumer loyalty programs; downloadable computer software for the authentication and redemption of discounts, incentives, and special offers for use in connection with consumer loyalty programs; Electronic device in the nature of a digital wallet that stores and protects financial information for use in making secure electronic payments and providing identity protection; Electronic device in the nature of a digital wallet, namely, an encoded electronic chip card that stores and protects financial information for use in making secure electronic payments and providing identity protection; Cards, namely, encoded electronic chip cards for use in financial transactions, encoded smart cards containing programming used to facilitate financial transactions, magnetically encoded charge cards, encoded integrated circuit cards containing programming for use in facilitating financial transactions; Cards, namely, encoded electronic chip cards containing programming for use in financial transactions, encoded smart cards containing programming used to facilitate financial transactions, magnetically encoded charge cards, encoded integrated circuit cards containing programming for use in facilitating financial transactions; Prepaid electronic credit cards for use in financial transactions; Prepaid electronic credit cards, magnetically encoded, for use in financial transactions; embedded Integrated Circuit chip cards, namely, charge cards, debit cards, credit cards, and cards for use in financial transactions; Encoded smart cards containing programming for financial transactions, namely, charge cards, debit cards, credit cards, and cards for use in financial transactions; magnetically encoded cards, namely, charge cards, debit cards, credit cards and cards for use in financial transactions, and cards for consolidating aforementioned functions; Downloadable Software for use in the management and tracking of smart cards; downloadable software applications for smart phones for use in the management and tracking of smart cards; Downloadable embedded OS (operating system) software for use with devices for use in the management and tracking of smart cardsClass 009 for Downloadable computer software used to process mobile payments; downloadable computer software for use in contactless transactions with retailers, merchants, and vendors via mobile devices used to process mobile payments; downloadable computer software for transmitting, processing, facilitating, verifying, and authenticating credit and debit card information and transaction and payment information; downloadable computer software for ensuring the security of mobile payments, of contactless transactions with retailers, merchants and vendors via mobile devices, and of credit and debit card information; downloadable computer software for the storage, transmission, verification, and authentication of credit and debit card and other payment and transaction information; downloadable computer software for the authentication and redemption of discounts, incentives, and special offers for use in connection with consumer loyalty programs; Electronic device in the nature of a digital wallet, namely, an encoded electronic chip card that stores and protects financial information for use in making secure electronic payments and providing identity protection; Cards, namely, encoded electronic chip cards containing programming for use in financial transactions, encoded smart cards containing programming used to facilitate financial transactions, magnetically encoded charge cards, encoded integrated circuit cards containing programming for use in facilitating financial transactions; Prepaid electronic credit cards, magnetically encoded, for use in financial transactions; embedded Integrated Circuit chip cards, namely, charge cards, debit cards, credit cards, and cards for use in financial transactions; Encoded smart cards containing programming for financial transactions, namely, charge cards, debit cards, credit cards, and cards for use in financial transactions; magnetically encoded cards, namely, charge cards, debit cards, credit cards and cards for use in financial transactions, and cards for consolidating aforementioned functions; Downloadable Software for use in the management and tracking of smart cards; downloadable software applications for smart phones for use in the management and tracking of smart cards; Downloadable embedded OS (operating system) software for use with devices for use in the management and tracking of smart cards
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 05/01/2018 and first used in commerce at least as early as 05/01/2018 , and is now in use in such commerce.
Applicant hereby submits one(or more) specimen(s) for Class 009 . The specimen(s) submitted consists of Photo of Applicant's product bearing the mark as used in commerce .
"The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing date of the application"[for an application based on Section 1(a), Use in Commerce] OR "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce prior either to the filing of the Amendment to Allege Use or expiration of the filing deadline for filing a Statement of Use" [for an application based on Section 1(b) Intent-to-Use]. OR "The attached specimen is a true copy of the specimen that was originally submitted with the application, amendment to allege use, or statement of use" [for an illegible specimen]. Specimen File1

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 036 for Financial services, namely, providing, processing, verifying, and authenticating mobile payments, and contactless credit and debit card transactions, loyalty reward card transactions, and bill payment transactions with retailers, merchants, and vendors via mobile devices; providing financial information by electronic means, namely, providing credit and debit card information; financial services, namely, processing and administration of mobile payments and contactless debit and credit card transactions, loyalty reward card transactions, and bill payment transactions with retailers, merchants, and vendors via mobile devices; Financial services, namely, providing credit card, debit card, charge card and stored value smart card services; Banking services; Prepaid card, prepaid gift card, stored value card and payment card services; Payment processing services, namely, charge card, credit card, prepaid card, gift card, stored value card and payment card transaction processing services; Issuing Charge cards, credit cards, prepaid cards, prepaid gift cards, stored value cards and payment cards
Original Filing Basis:
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 05/01/2018 and first used in commerce at least as early as 05/01/2018 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Financial services, namely, providing, processing, verifying, and authenticating mobile payments, and contactless credit and debit card transactions, loyalty reward card transactions, and bill payment transactions with retailers, merchants, and vendors via mobile devices; Financial services, namely, processing, and verifying mobile payments, contactless credit and debit card transactions, loyalty reward card transactions, and bill payment transactions with retailers, merchants, and vendors via mobile devices; providing financial information by electronic means, namely, providing credit and debit card information; financial services, namely, processing and administration of mobile payments and contactless debit and credit card transactions, loyalty reward card transactions, and bill payment transactions with retailers, merchants, and vendors via mobile devices; financial services, namely, administration of credit and debit card accounts and processing of mobile payments and contactless debit and credit card transactions, loyalty reward card transactions, and bill payment transactions with retailers, merchants, and vendors via mobile devices; Financial services, namely, providing credit card, debit card, charge card and stored value smart card services; Banking services; Prepaid card, prepaid gift card, stored value card and payment card services; Prepaid card, prepaid gift card, stored value card and payment card services, namely, processing electronic payments made through prepaid purchase cards; Payment processing services, namely, charge card, credit card, prepaid card, gift card, stored value card and payment card transaction processing services; Issuing Charge cards, credit cards, prepaid cards, prepaid gift cards, stored value cards and payment cardsClass 036 for Financial services, namely, processing, and verifying mobile payments, contactless credit and debit card transactions, loyalty reward card transactions, and bill payment transactions with retailers, merchants, and vendors via mobile devices; providing financial information by electronic means, namely, providing credit and debit card information; financial services, namely, administration of credit and debit card accounts and processing of mobile payments and contactless debit and credit card transactions, loyalty reward card transactions, and bill payment transactions with retailers, merchants, and vendors via mobile devices; Financial services, namely, providing credit card, debit card, charge card and stored value smart card services; Banking services; Prepaid card, prepaid gift card, stored value card and payment card services, namely, processing electronic payments made through prepaid purchase cards; Payment processing services, namely, charge card, credit card, prepaid card, gift card, stored value card and payment card transaction processing services; Issuing Charge cards, credit cards, prepaid cards, prepaid gift cards, stored value cards and payment cards
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 05/01/2018 and first used in commerce at least as early as 05/01/2018 , and is now in use in such commerce.
ADDITIONAL STATEMENTS
Supplemental Register
The applicant seeks registration of the mark on the Supplemental Register (i.e., a change of the words 'Principal Register' to 'Supplemental Register').


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: /Abraham Lichy/      Date: 06/06/2019
Signatory's Name: Abraham Lichy
Signatory's Position: Attorney of Record, New York Bar Member
Signatory's Phone Number: 9179333895


Response Signature
Signature: /Abraham Lichy/     Date: 06/06/2019
Signatory's Name: Abraham Lichy
Signatory's Position: Attorney of Record, New York Bar Member

Signatory's Phone Number: 9179333895

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: 88247173
Internet Transmission Date: Thu Jun 06 13:30:15 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XX.XX.XXX-20190606133015566
917-88247173-62091af3b7c217ee31e66f5f630
c07041c730f021ea20e6dcae7cbad3417bf2ff5-
N/A-N/A-20190606131003542456