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)

---

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. 88356837 T (Stylized and/or with Design, see http://uspto.report/TM/88356837/mark.png) has been amended as follows:

ARGUMENT(S)
In response to the substantive refusal(s), please note the following:

It is believed applicant has addressed the issues in the office action by amending the mark description and goods description per the Examiner?s suggestion. Applicant has also submitted a replacement specimen with the requisite declaration. Accordingly allowance is respectfully requested.

EVIDENCE
Evidence in the nature of Declaration has been attached.
Original PDF file:
evi_4710018-20191205155023845210_._20191112_Executed_Declaration.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 009 for computer peripheral devices; electronic digital signature capturing pads, computer tablets, and clipboards, electronic digital fingerprint scanner and reader pads and computer tablets; electronic writing tablets; electronic pens; electronic signature software; software for acquisition, verification, authentication or encryption of biometric input for use in computer applications, electronic transactions, communications and communications over the Internet
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 06/21/1995 and first used in commerce at least as early as 06/21/1995 , and is now in use in such commerce.

Proposed:
Tracked Text Description: computer peripheral devices; electronic digital signature capturing pads, computer tablets, and clipboards, electronic digital fingerprint scanner and reader pads and computer tablets; electronic digital signature equipment, namely, touch pads for use in capturing electronic digital signatures, computer tablets for use in processing digital signatures, and clipboard style touch pads for use in capturing electronic digital signatures; electronic digital fingerprint equipment, namely, digital fingerprint scanners, fingerprint reader display pads and computer tablets for use therewith; electronic writing tablets; electronic signature software; electronic pens; software for acquisition, verification, authentication or encryption of biometric input for use in computer applications, electronic transactions, communications and communications over the Internet; software for use in processing electronic signatures; software for acquisition, verification, authentication or encryption of biometric data for use as a component of other computer applications and for use in electronic transactions, communications and communications over the InternetClass 009 for computer peripheral devices; electronic digital signature equipment, namely, touch pads for use in capturing electronic digital signatures, computer tablets for use in processing digital signatures, and clipboard style touch pads for use in capturing electronic digital signatures; electronic digital fingerprint equipment, namely, digital fingerprint scanners, fingerprint reader display pads and computer tablets for use therewith; electronic writing tablets; electronic pens; software for use in processing electronic signatures; software for acquisition, verification, authentication or encryption of biometric data for use as a component of other computer applications and for use in electronic transactions, communications and communications over the Internet
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 06/21/1995 and first used in commerce at least as early as 06/21/1995 , 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 Picture of goods with mark thereon .
"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:
SPU0-4710018-20191112154545559676_._t_specimen.pdf
Converted PDF file(s) ( 1 page)
Specimen File1

The applicant's current attorney information: Jeffrey G. Sheldon. Jeffrey G. Sheldon of CISLO & THOMAS, is located at

      12100 WILSHIRE BLVD., SUITE 1700
      LOS ANGELES, California 90025
      US
The docket/reference number is 19-38598.

The phone number is 626-676-1201.

The fax number is 310-394-4477.

The email address is jsheldon@cislo.com

The applicants proposed attorney information: Jeffrey G. Sheldon. Other appointed attorneys are Katherine M. Bond, Reg. No. 66,381; Daniel M. Cislo, Reg. No. 32,973; Kelly W. Cunningham, Reg. No. 43,570; Kristin B. Kosinski, Reg. No. 45,599; Travers R. Morgan, Reg. No. 75,287; Mark D. Nielsen, Reg. No. 52,068; C. Wook Pak, Reg. No. 50,504; Katherine B. Sales, Reg. No. 72,026; David B. Sandelands, Reg. No. 46,023; Peter S. Veregge, Reg. No. 55,698. Jeffrey G. Sheldon of Cislo & Thomas 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

      12100 Wilshire Blvd., Suite 1700
      Los Angeles, California 90025
      United States
The docket/reference number is 19-38598.

The phone number is 626-676-1201.

The fax number is 310-394-4477.

The email address is jsheldon@cislo.com

Jeffrey G. Sheldon 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: JEFFREY G. SHELDON. JEFFREY G. SHELDON of CISLO & THOMAS, is located at

      12100 WILSHIRE BLVD., SUITE 1700
      LOS ANGELES, California 90025
      US
The docket/reference number is 19-38598.

The phone number is 626-676-1201.

The fax number is 310-394-4477.

The email address is jsheldon@cislo.com; tmk@cislo.com; jhargis@cislo.com

The applicants proposed correspondence information: Jeffrey G. Sheldon. Jeffrey G. Sheldon of Cislo & Thomas LLP, is located at

      12100 Wilshire Blvd., Suite 1700
      Los Angeles, California 90025
      United States
The docket/reference number is 19-38598.

The phone number is 626-676-1201.

The fax number is 310-394-4477.

The email address is jsheldon@cislo.com; tmk@cislo.com; jhargis@cislo.com

SIGNATURE(S)
Declaration Signature
The filing Attorney has elected not to submit the signed declaration, believing no supporting declaration is required under the Trademark Rules of Practice.
Response Signature
Signature: /Jeffrey G. Sheldon/     Date: 12/07/2019
Signatory's Name: Jeffrey G. Sheldon
Signatory's Position: Attorney of record, CA bar member

Signatory's Phone Number: 626-676-1201

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:    JEFFREY G. SHELDON
   CISLO & THOMAS
   
   12100 WILSHIRE BLVD., SUITE 1700
   LOS ANGELES, California 90025
Mailing Address:    Jeffrey G. Sheldon
   Cislo & Thomas LLP
   12100 Wilshire Blvd., Suite 1700
   Los Angeles, California 90025
        
Serial Number: 88356837
Internet Transmission Date: Mon Dec 09 15:00:35 EST 2019
TEAS Stamp: USPTO/ROA-X.X.XXX.XX-2019120915003574286
6-88356837-700c2a1e5315bdc3bc5d9749cea47
a2b0605816b7e9cfcee173217cd8a1eae4b87-N/
A-N/A-20191205155023845210