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. 88387917 FENICS (Stylized and/or with Design, see http://uspto.report/TM/88387917/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 036 for Financial analysis, management and consulting; financial portfolio management; capital investments services; financial securities exchange services; securities brokerage services; financial services, namely, transacting and trading of financial instruments; financial services, namely, aggregation of financial data; providing an electronic marketplace for trading of financial instruments; providing financial information; providing financial information, namely, information in the fields of futures, commodities, securities, currencies, financial instruments, brokerage, trading, investments, companies, financial markets, stock pricing and financial indices; financial services, namely, providing financial market data, financial securities data, and financial pricing data in the nature of financial instrument price information; financial portfolio management services; financial services in the field of securities analytics, namely, reporting securities prices and indicative prices for use in analyzing and assessing securities portfolios; financial, securities and commodities exchange services; financial trade execution, allocation, confirmation, clearing and settlement services; investment brokerage; financial analysis and research services; analyzing and compiling data for measuring the performance of financial markets; providing information and links to other websites in the field of finance
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 analysis, management and consulting; financial portfolio management; capital investments services; financial securities exchange services; securities brokerage services; financial services, namely, transacting and trading of financial instruments; financial services, namely, aggregation of financial data; financial services, namely, aggregation of financial data being compiling data for financial purposes; providing an electronic marketplace for trading of financial instruments; providing financial information; providing financial information, namely, information in the fields of futures, commodities, securities, currencies, financial instruments, brokerage, trading, investments, companies, financial markets, stock pricing and financial indices; financial services, namely, providing financial information in the nature of financial market data, financial securities data, and financial pricing data in the nature of financial instrument price information being financial information; financial services, namely, providing financial market data, financial securities data, and financial pricing data in the nature of financial instrument price information; financial portfolio management services; financial services in the field of securities analytics, namely, reporting securities prices being financial information and indicative prices being financial information for use in analyzing and assessing securities portfolios; financial services in the field of securities analytics, namely, reporting securities prices and indicative prices for use in analyzing and assessing securities portfolios; financial, securities and commodities exchange services; financial trade execution, allocation, confirmation, clearing and settlement services; investment brokerage; financial analysis and research services; providing information and links to other websites in the field of finance.; analyzing and compiling data for measuring the performance of financial markets; providing information and links to other websites in the field of financeClass 036 for Financial analysis, management and consulting; financial portfolio management; capital investments services; financial securities exchange services; securities brokerage services; financial services, namely, transacting and trading of financial instruments; financial services, namely, aggregation of financial data being compiling data for financial purposes; providing financial information; providing financial information, namely, information in the fields of futures, commodities, securities, currencies, financial instruments, brokerage, trading, investments, companies, financial markets, stock pricing and financial indices; financial services, namely, providing financial information in the nature of financial market data, financial securities data, and financial pricing data in the nature of financial instrument price information being financial information; financial portfolio management services; financial services in the field of securities analytics, namely, reporting securities prices being financial information and indicative prices being financial information for use in analyzing and assessing securities portfolios; financial, securities and commodities exchange services; financial trade execution, allocation, confirmation, clearing and settlement services; investment brokerage; financial analysis and research services; providing information and links to other websites in the field of finance.
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 hereby adds the following class of goods/services to the application:
New: Class 035 for Analyzing and compiling data for measuring the performance of financial markets; providing an electronic marketplace for trading of financial instruments for buyers and sellers of financial instruments through a global communications network
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.

FEE(S)
Fee(s) in the amount of $275 is being submitted.

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: /OE/      Date: 12/20/2019
Signatory's Name: Olga Egorova
Signatory's Position: Managing Director, Chief Technology Counsel, Duly Authorized Officer
Signatory's Phone Number: (212) 829-7063


Response Signature
Signature: /OE/     Date: 12/20/2019
Signatory's Name: Olga Egorova
Signatory's Position: Managing Director, Chief Technology Counsel, Duly Authorized Officer

Signatory's Phone Number: (212) 829-7063

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.

        
RAM Sale Number: 88387917
RAM Accounting Date: 12/20/2019
        
Serial Number: 88387917
Internet Transmission Date: Fri Dec 20 18:30:42 EST 2019
TEAS Stamp: USPTO/ROA-XXX.XXX.X.X-201912201830424432
84-88387917-700d3cefdfd16cf257b7891c483a
72fed8b45ba6c401ed775c168d5db908453c1a-D
A-30421360-20191220171706193810