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. 88381848 MERCHUAL REALITY(Standard Characters, see http://uspto.report/TM/88381848/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 application software for mobile phones, namely, software for using augmented reality, GPS 3D mapping, and near field communication to visually locate, view and purchase products and services in concerts, sports events, conventions, theme parks, casinos, and any public gathering; Computer application software for augmented reality graphical interface representation of a user's mobile device using GPS location over a camera-based computer vision interface; Computer application software, namely, embedded firmware and software for point-of-sale hardware systems providing an interface with any device with a microprocessor for mobile devices, laptops and tablets; Computer application software, namely, providing software that allows users to interact with physical and virtual content, products and merchandise based on the user location; and Computer application software, namely, applying machine learning to deliver data for augmented reality interface for online sellers
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.

Proposed:
Tracked Text Description: Computer application software for mobile phones, namely, software for using augmented reality, GPS 3D mapping, and near field communication to visually locate, view and purchase products and services in concerts, sports events, conventions, theme parks, casinos, and any public gathering; Downloadable computer application software for mobile phones, namely, software for using augmented reality, GPS 3D mapping, and near field communication to visually locate, view and purchase products and services in concerts, sports events, conventions, theme parks, casinos, and any public gathering in the nature of entertainment or education; Computer application software for augmented reality graphical interface representation of a user's mobile device using GPS location over a camera-based computer vision interface; downloadable computer application software for augmented reality graphical interface representation of a user's mobile device using GPS location over a camera-based computer vision interface; Computer application software, namely, embedded firmware and software for point-of-sale hardware systems providing an interface with any device with a microprocessor for mobile devices, laptops and tablets; downloadable computer application software, namely, embedded firmware and recorded software for point-of-sale hardware systems comprised of point-of-sale- terminals for processing payments by providing an interface with any device with a microprocessor for mobile devices, laptops and tablets; Computer application software, namely, providing software that allows users to interact with physical and virtual content, products and merchandise based on the user location; downloadable computer application software, namely, providing software that allows users to interact with physical and virtual content, products and merchandise based on the user location; and Computer application software, namely, applying machine learning to deliver data for augmented reality interface for online sellers; and downloadable computer application software, namely, applying machine learning to deliver data for augmented reality interface for online sellersClass 009 for Downloadable computer application software for mobile phones, namely, software for using augmented reality, GPS 3D mapping, and near field communication to visually locate, view and purchase products and services in concerts, sports events, conventions, theme parks, casinos, and any public gathering in the nature of entertainment or education; downloadable computer application software for augmented reality graphical interface representation of a user's mobile device using GPS location over a camera-based computer vision interface; downloadable computer application software, namely, embedded firmware and recorded software for point-of-sale hardware systems comprised of point-of-sale- terminals for processing payments by providing an interface with any device with a microprocessor for mobile devices, laptops and tablets; downloadable computer application software, namely, providing software that allows users to interact with physical and virtual content, products and merchandise based on the user location; and downloadable computer application software, namely, applying machine learning to deliver data for augmented reality interface for online sellers
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.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 035 for providing augmented reality interface for online marketplaces for sellers of goods and/or services; facilitating the exchange and sale of services and products of third parties via computer and communication networks, namely, for point-of-sale systems and devices with a microprocessor; business and advertising services, namely, managing, tracking, analyzing, reporting, measuring, optimizing electronic payment transaction data for others, aggregating customer use behavior and creating a metrics profile for each user to provide relevant information and delivering such content in augmented reality interface by creating a metrics profile for each user; and marketing, advertising and promotion services, namely, providing information regarding discounts, coupons, rebates, vouchers, links to retail websites of others, and special offers for the goods and services of others
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.

Proposed:
Tracked Text Description: providing augmented reality interface for online marketplaces for sellers of goods and/or services; Providing a website featuring an online marketplace providing an augmented reality interface for buyers and sellers of goods and/or services; facilitating the exchange and sale of services and products of third parties via computer and communication networks, namely, for point-of-sale systems and devices with a microprocessor; facilitating the exchange and sale of services and products of third parties via computer and communication networks namely, operating an on-line marketplace for sellers and buyers of goods and/or services; business and advertising services, namely, managing, tracking, analyzing, reporting, measuring, optimizing electronic payment transaction data for others, aggregating customer use behavior and creating a metrics profile for each user to provide relevant information and delivering such content in augmented reality interface by creating a metrics profile for each user; and marketing, advertising and promotion services, namely, providing information regarding discounts, coupons, rebates, vouchers, links to retail websites of others, and special offers for the goods and services of othersClass 035 for Providing a website featuring an online marketplace providing an augmented reality interface for buyers and sellers of goods and/or services; facilitating the exchange and sale of services and products of third parties via computer and communication networks namely, operating an on-line marketplace for sellers and buyers of goods and/or services; business and advertising services, namely, managing, tracking, analyzing, reporting, measuring, optimizing electronic payment transaction data for others, aggregating customer use behavior and creating a metrics profile for each user to provide relevant information and delivering such content in augmented reality interface by creating a metrics profile for each user; and marketing, advertising and promotion services, namely, providing information regarding discounts, coupons, rebates, vouchers, links to retail websites of others, and special offers for the goods and services of others
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.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 036 for Financial services, namely, providing electronic payment transfer services for others
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.

Proposed:
Tracked Text Description: Financial services, namely, providing electronic payment transfer services for others; Financial services, namely, providing electronic payment transfer services for others in the nature of processing and subsequent transmission of bill payment data; financial transaction services, namely, providing secure commercial transactions via computer and communication networks utilizing point of sale systems and devices with a microprocessor in the nature of a mobile device with payment options at a point of sale.Class 036 for Financial services, namely, providing electronic payment transfer services for others in the nature of processing and subsequent transmission of bill payment data; financial transaction services, namely, providing secure commercial transactions via computer and communication networks utilizing point of sale systems and devices with a microprocessor in the nature of a mobile device with payment options at a point of sale.
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.

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


Translation
The wording MERCHUAL has no meaning in a foreign language.


SIGNATURE(S)
Response Signature
Signature: /Kelly Lawton/     Date: 12/23/2019
Signatory's Name: Kelly Lawton
Signatory's Position: Attorney of Record, Washington State Bar Member

Signatory's Phone Number: 206-774-0879

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: 88381848
Internet Transmission Date: Mon Dec 23 17:07:45 EST 2019
TEAS Stamp: USPTO/ROA-XX.XX.XXX.X-201912231707457804
40-88381848-700dd94c386e0bb7632e58923c97
cd6cd3ecef45049e65fdcfc8c23e3c7cf6182c-N
/A-N/A-20191223165134642766