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. 88299035 PACKETDIRECT(Standard Characters, see http://uspto.report/TM/88299035/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 Response to Office Action has been attached.
Original PDF file:
evi_641610870-20191028203851307478_.___Class_38__-_Appl._No._88299035_-_Response_to_Office_Action.pdf
Converted PDF file(s) ( 1 page)
Evidence-1

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 038 for Communications via fiber-optic networks; leasing of telecommunication equipment; leasing of telecommunications lines; computer network access services by means of a metro Ethernet; telecommunication services, namely, providing access to telecommunication networks, providing internet access, providing fiber optic network services; Ethernet network services; Internet access provider services; telecommunication services, namely, providing network access via fiber optic networks; providing co-location services; telecommunication services, namely, transmission of voice, data and documents; providing third party users with access to telecommunication infrastructure; telecommunications services; providing access to telecommunication networks; providing private and secure real time electronic communication over a computer network; providing local area network services; and providing virtual local area network services
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 11/15/2015 and first used in commerce at least as early as 11/15/2015 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Communications via fiber-optic networks; leasing of telecommunication equipment; leasing of telecommunications lines; computer network access services by means of a metro Ethernet; telecommunication services, namely, providing access to telecommunication networks, providing internet access, providing fiber optic network services; Ethernet network services; computer network access services by means of an Ethernet network; Internet access provider services; telecommunication services, namely, providing network access via fiber optic networks; providing co-location services; providing co-location services for voice, video and data communications applications; telecommunication services, namely, transmission of voice, data and documents; telecommunication services, namely, electronic transmission of voice, data and documents; providing third party users with access to telecommunication infrastructure; telecommunications services; providing access to telecommunication networks; providing private and secure real time electronic communication over a computer network; providing access to local area networks; providing local area network services; and providing access to virtual local area networks; and providing virtual local area network servicesClass 038 for Communications via fiber-optic networks; leasing of telecommunication equipment; leasing of telecommunications lines; computer network access services by means of a metro Ethernet; telecommunication services, namely, providing access to telecommunication networks, providing internet access, providing fiber optic network services; computer network access services by means of an Ethernet network; Internet access provider services; telecommunication services, namely, providing network access via fiber optic networks; providing co-location services for voice, video and data communications applications; telecommunication services, namely, electronic transmission of voice, data and documents; providing third party users with access to telecommunication infrastructure; providing access to telecommunication networks; providing private and secure real time electronic communication over a computer network; providing access to local area networks; and providing access to virtual local area networks
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 11/15/2015 and first used in commerce at least as early as 11/15/2015 , and is now in use in such commerce.
The applicant's current attorney information: Michael J. McCue. Michael J. McCue of LEWIS ROCA ROTHGERBER CHRISTIE LLP, is located at

      SUITE 600
      3993 HOWARD HUGHES PARKWAY
      LAS VEGAS, Nevada 89169
      US
The docket/reference number is 303551-00010.

The phone number is 702-949-8200.

The fax number is 702-949-8376.

The email address is TRADEMARKS-LASVEGAS@LRRC.COM

The applicants proposed attorney information: Michael J. McCue. Other appointed attorneys are Aaron D. Johnson. Michael J. McCue of LEWIS ROCA ROTHGERBER CHRISTIE LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      SUITE 600
      3993 HOWARD HUGHES PARKWAY
      LAS VEGAS, Nevada 89169
      United States
The docket/reference number is 303551-00010.

The phone number is 702-949-8200.

The fax number is 702-949-8376.

The email address is TRADEMARKS-LASVEGAS@LRRC.COM

Michael J. McCue 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: MICHAEL J. MCCUE. MICHAEL J. MCCUE of LEWIS ROCA ROTHGERBER CHRISTIE LLP, is located at

      SUITE 600
      3993 HOWARD HUGHES PARKWAY
      LAS VEGAS, Nevada 89169
      US
The docket/reference number is 303551-00010.

The phone number is 702-949-8200.

The fax number is 702-949-8376.

The email address is TRADEMARKS-LASVEGAS@LRRC.COM

The applicants proposed correspondence information: Michael J. McCue. Michael J. McCue of LEWIS ROCA ROTHGERBER CHRISTIE LLP, is located at

      SUITE 600
      3993 HOWARD HUGHES PARKWAY
      LAS VEGAS, Nevada 89169
      United States
The docket/reference number is 303551-00010.

The phone number is 702-949-8200.

The fax number is 702-949-8376.

The email address is TRADEMARKS-LASVEGAS@LRRC.COM

SIGNATURE(S)
Response Signature
Signature: /Aaron D. Johnson/     Date: 10/28/2019
Signatory's Name: Aaron D. Johnson
Signatory's Position: Attorney for Applicant, California bar member

Signatory's Phone Number: 650-687-8426

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:    MICHAEL J. MCCUE
   LEWIS ROCA ROTHGERBER CHRISTIE LLP
   SUITE 600
   3993 HOWARD HUGHES PARKWAY
   LAS VEGAS, Nevada 89169
Mailing Address:    Michael J. McCue
   LEWIS ROCA ROTHGERBER CHRISTIE LLP
   SUITE 600
   3993 HOWARD HUGHES PARKWAY
   LAS VEGAS, Nevada 89169
        
Serial Number: 88299035
Internet Transmission Date: Mon Oct 28 21:06:05 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XX.XXX.XX-20191028210605725
978-88299035-700f8e598ca4c28db319c7af6b8
7bf4b9d51e7ddba81c8037d05a80a360209ccda7
-N/A-N/A-20191028203851307478