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 |
88328846 |
LAW OFFICE ASSIGNED |
LAW OFFICE 127 |
MARK SECTION |
MARK |
http://uspto.report/TM/88328846/mark.png |
LITERAL ELEMENT |
MAGIC BLACK HOLE |
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. |
LEGAL ENTITY SECTION (current) |
TYPE |
corporation |
STATE/COUNTRY OF INCORPORATION |
Canada |
LEGAL ENTITY SECTION (proposed) |
TYPE |
limited liability company |
STATE/COUNTRY WHERE LEGALLY ORGANIZED |
Canada |
ARGUMENT(S) |
Please see the actual argument text attached within the Evidence section. |
EVIDENCE SECTION |
EVIDENCE FILE NAME(S) |
ORIGINAL PDF FILE |
evi_17291146160-20191115191516946409_._Office_Action_Response___MAGIC_BLACK_HOLE.pdf |
CONVERTED PDF FILE(S)
(7 pages) |
\\TICRS\EXPORT17\IMAGEOUT17\883\288\88328846\xml6\ROA0002.JPG |
|
\\TICRS\EXPORT17\IMAGEOUT17\883\288\88328846\xml6\ROA0003.JPG |
|
\\TICRS\EXPORT17\IMAGEOUT17\883\288\88328846\xml6\ROA0004.JPG |
|
\\TICRS\EXPORT17\IMAGEOUT17\883\288\88328846\xml6\ROA0005.JPG |
|
\\TICRS\EXPORT17\IMAGEOUT17\883\288\88328846\xml6\ROA0006.JPG |
|
\\TICRS\EXPORT17\IMAGEOUT17\883\288\88328846\xml6\ROA0007.JPG |
|
\\TICRS\EXPORT17\IMAGEOUT17\883\288\88328846\xml6\ROA0008.JPG |
GOODS AND/OR SERVICES SECTION (current) |
INTERNATIONAL CLASS |
009 |
DESCRIPTION |
Computer software and computer programs, namely, systems and network security software directed to internet security, e-mail
management, e-mail filtering, anti-virus, anti-spam, e-mail policy management |
FILING BASIS |
Section 1(b) |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
1949924 |
FOREIGN APPLICATION COUNTRY |
Canada |
FOREIGN FILING DATE |
03/06/2019 |
GOODS AND/OR SERVICES SECTION (proposed) |
INTERNATIONAL CLASS |
009 |
TRACKED TEXT DESCRIPTION |
Computer software and computer programs, namely, systems and network security software directed to
internet security, e-mail management, e-mail filtering, anti-virus, anti-spam, e-mail policy management; Downloaded computer software and computer programs,
namely, network security software in the fields of internet security and threat detection, e-mail management, e-mail filtering, anti-virus, anti-spam, e-mail policy management |
FINAL DESCRIPTION |
Downloaded computer software and computer programs, namely, network security software in the fields of internet security and threat
detection, e-mail management, e-mail filtering, anti-virus, anti-spam, e-mail policy management |
FILING BASIS |
Section 1(b) |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
1949924 |
FOREIGN APPLICATION COUNTRY |
Canada |
FOREIGN FILING DATE |
03/06/2019 |
INTENT TO
PERFECT 44(d)
|
At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await
the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained. |
ADDITIONAL STATEMENTS SECTION |
MISCELLANEOUS STATEMENT |
Applicant informs the Examining Attorney that the corresponding foreign registration in Canada has not yet issued. As such, applicant requests
that the U.S. application be suspended until a copy of the foreign registration is available. |
SIGNATURE SECTION |
RESPONSE SIGNATURE |
/kyri tsircou/ |
SIGNATORY'S NAME |
Kyri Tsircou |
SIGNATORY'S POSITION |
Attorney of record, CA bar member |
SIGNATORY'S PHONE NUMBER |
3236609916 |
DATE SIGNED |
11/15/2019 |
AUTHORIZED SIGNATORY |
YES |
FILING INFORMATION SECTION |
SUBMIT DATE |
Fri Nov 15 19:26:31 EST 2019 |
TEAS STAMP |
USPTO/ROA-XXX.XX.XXX.XXX-
20191115192631175458-8832
8846-70044b76dda46538d369
afc129f6bce907344f88e3e13
3e98fdeb25a30a195d16e-N/A
-N/A-20191115191516946409 |
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.
88328846 MAGIC BLACK HOLE(Standard Characters, see http://uspto.report/TM/88328846/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
Original PDF file:
evi_17291146160-20191115191516946409_._Office_Action_Response___MAGIC_BLACK_HOLE.pdf
Converted PDF file(s) ( 7 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Evidence-6
Evidence-7
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 and computer programs, namely, systems and network security software directed to internet security, e-mail management, e-mail filtering, anti-virus,
anti-spam, e-mail policy management
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.
Filing Basis: Section 44(d), Priority based on foreign filing: 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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority
based upon a foreign application.
For a certification 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, 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 or services that meet the certification standards of the applicant, and the
applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on[ Canada application number 1949924 filed 03/06/2019]. 15 U.S.C.Section 1126(d), as amended.
Proposed:
Tracked Text Description: Computer software and computer programs, namely, systems and network security software directed to internet security, e-mail
management, e-mail filtering, anti-virus, anti-spam, e-mail policy management;
Downloaded computer software and computer programs, namely, network security
software in the fields of internet security and threat detection, e-mail management, e-mail filtering, anti-virus, anti-spam, e-mail policy managementClass 009 for Downloaded computer software
and computer programs, namely, network security software in the fields of internet security and threat detection, e-mail management, e-mail filtering, anti-virus, anti-spam, e-mail policy
management
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.
Filing Basis: Section 44(d), Priority based on foreign filing: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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority
based upon a foreign application.
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, 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 or services that meet the certification standards of the
applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on [ Canada application number 1949924 filed 03/06/2019]. 15 U.S.C.Section
1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the
foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.
APPLICANT AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: WIZARD TOWER TECHNOSERVICES LTD., a corporation of Canada, having an address of
405-860 Homer Street
Vancouver, BC, V6B2W5
Canada
XXXX (not authorized)
Proposed: WIZARD TOWER TECHNOSERVICES LTD., a limited liability company legally organized under the laws of Canada, having an address of
405-860 Homer Street
Vancouver, BC, V6B2W5
Canada
XXXX (not authorized)
ADDITIONAL STATEMENTS
Miscellaneous Statement
Applicant informs the Examining Attorney that the corresponding foreign registration in Canada has not yet issued. As such, applicant requests that the U.S. application be suspended until a copy of
the foreign registration is available.
SIGNATURE(S)
Response Signature
Signature: /kyri tsircou/ Date: 11/15/2019
Signatory's Name: Kyri Tsircou
Signatory's Position: Attorney of record, CA bar member
Signatory's Phone Number: 3236609916
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.
Serial Number: 88328846
Internet Transmission Date: Fri Nov 15 19:26:31 EST 2019
TEAS Stamp: USPTO/ROA-XXX.XX.XXX.XXX-201911151926311
75458-88328846-70044b76dda46538d369afc12
9f6bce907344f88e3e133e98fdeb25a30a195d16
e-N/A-N/A-20191115191516946409