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. 88250076 RED BALLOON SECURITY(Standard Characters, see http://uspto.report/TM/88250076/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 Downloadable software, namely, a host-based security technology for protecting embedded devices against cyber attacks; downloadable software, namely, a host-based security technology for protecting vehicle systems against intrusion or attack
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 12/00/2011 and first used in commerce at least as early as 12/00/2011 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Downloadable software, namely, a host-based security technology for protecting embedded devices against cyber attacks; Downloadable security software for protecting embedded devices against cyber attacks; downloadable software, namely, a host-based security technology for protecting vehicle systems against intrusion or attack; downloadable security software for protecting vehicle systems against intrusion or attackClass 009 for Downloadable security software for protecting embedded devices against cyber attacks; downloadable security software for protecting vehicle systems against intrusion or attack
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 12/00/2011 and first used in commerce at least as early as 12/00/2011 , 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 Screenshot of the initial interface customers see when they boot up applicant's software product .
"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].
Original PDF file:
SPU0-748913079-20190925204144426385_._RED_BALLOON_SECURITY_-_Cl_9_Substitute_Specimen.pdf
Converted PDF file(s) ( 1 page)
Specimen File1

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 040 for Treatment of materials, namely, injecting security software, devices, and materials in a wide variety of products to protect against cyber attacks or intrusions
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 12/00/2011 and first used in commerce at least as early as 12/00/2011 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Treatment of materials, namely, injecting security software, devices, and materials in a wide variety of products to protect against cyber attacks or intrusions; Treatment of materials, namely, embedding security software, devices, and materials in a wide variety of products to protect against cyber attacks or intrusionsClass 040 for Treatment of materials, namely, embedding security software, devices, and materials in a wide variety of products to protect against cyber attacks or intrusions
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 12/00/2011 and first used in commerce at least as early as 12/00/2011 , and is now in use in such commerce.
Applicant hereby submits one(or more) specimen(s) for Class 040 . The specimen(s) submitted consists of Pages from applicant's primer showing use of the mark in connection with describing the services provided .
"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].
Original PDF file:
SPU1-748913079-20190925204144426385_._RED_BALLOON_SECURITY_-_Cl_40_Substitute_Specimen.pdf
Converted PDF file(s) ( 2 pages)
Specimen File1
Specimen File2

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 041 for Educational services, namely, providing training sessions, educational tools, and virtual reality stagings to educate consumers about cyber attacks and intrusions affecting embedded devices
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 12/00/2011 and first used in commerce at least as early as 12/00/2011 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Educational services, namely, providing training sessions, educational tools, and virtual reality stagings to educate consumers about cyber attacks and intrusions affecting embedded devices; Educational services, namely, providing training sessions, workshops, and seminars in the field of cyber-security featuring virtual reality demonstrations to educate consumers about cyber attacks and intrusions affecting embedded devicesClass 041 for Educational services, namely, providing training sessions, workshops, and seminars in the field of cyber-security featuring virtual reality demonstrations to educate consumers about cyber attacks and intrusions affecting embedded devices
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 12/00/2011 and first used in commerce at least as early as 12/00/2011 , and is now in use in such commerce.
Applicant hereby submits one(or more) specimen(s) for Class 041 . The specimen(s) submitted consists of Redacted version of terms and pricing proposal that applicant provides to consumers regarding the services .
"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].
Original PDF file:
SPU2-748913079-20190925204144426385_._RED_BALLOON_SECURITY_-_Cl_41_Substitute_Specimen.pdf
Converted PDF file(s) ( 1 page)
Specimen File1

The applicant's current attorney information: Carissa L. Weiss, Esq.. Carissa L. Weiss, Esq. of LAW OFFICE OF CARISSA L. WEISS, PLLC, is located at

      3 BURBANK AVENUE
      BEDFORD HILLS, New York 10507
      US

The phone number is 917-494-6641.

The email address is carissa@carissaweiss.com

The applicants proposed attorney information: Carissa L. Weiss, Esq.. Carissa L. Weiss, Esq. of LAW OFFICE OF CARISSA L. WEISS, PLLC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      3 BURBANK AVENUE
      BEDFORD HILLS, New York 10507
      United States

The phone number is 917-494-6641.

The email address is carissa@carissaweiss.com

Carissa L. Weiss, Esq. 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: CARISSA L. WEISS, ESQ.. CARISSA L. WEISS, ESQ. of LAW OFFICE OF CARISSA L. WEISS, PLLC, is located at

      3 BURBANK AVENUE
      BEDFORD HILLS, New York 10507
      US

The phone number is 917-494-6641.

The email address is carissa@carissaweiss.com

The applicants proposed correspondence information: Carissa L. Weiss, Esq.. Carissa L. Weiss, Esq. of LAW OFFICE OF CARISSA L. WEISS, PLLC, is located at

      3 BURBANK AVENUE
      BEDFORD HILLS, New York 10507
      United States

The phone number is 917-494-6641.

The email address is carissa@carissaweiss.com

ADDITIONAL STATEMENTS
Disclaimer
No claim is made to the exclusive right to use SECURITY apart from the mark as shown.


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: /Ang Cui/      Date: 09/26/2019
Signatory's Name: Ang Cui
Signatory's Position: CEO
Signatory's Phone Number: 9172591057


Response Signature
Signature: /Carissa Weiss/     Date: 09/26/2019
Signatory's Name: Carissa L. Weiss, Esq.
Signatory's Position: Attorney of record, NY bar member

Signatory's Phone Number: 9174946641

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:    CARISSA L. WEISS, ESQ.
   LAW OFFICE OF CARISSA L. WEISS, PLLC
   
   3 BURBANK AVENUE
   BEDFORD HILLS, New York 10507
Mailing Address:    Carissa L. Weiss, Esq.
   LAW OFFICE OF CARISSA L. WEISS, PLLC
   3 BURBANK AVENUE
   BEDFORD HILLS, New York 10507
        
Serial Number: 88250076
Internet Transmission Date: Thu Sep 26 12:06:00 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XX.XXX.XX-20190926120600783
693-88250076-610abe73a2fedbf75b8f5e9753a
30e6d1ca10e977b140a8b394793afeffabf89b-N
/A-N/A-20190925204144426385