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. 88394295 CRYPTOKICKS(Standard Characters, see http://uspto.report/TM/88394295/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 Cryptocurrency software wallets; cryptocurrency hardware wallets; downloadable computer software for use as a cryptocurrency wallet; downloadable computer software for managing cryptocurrency transactions using blockchain technology; Downloadable mobile applications for providing access to crypto-collectibles, crypto-art and application tokens; downloadable software for use in electronically trading, storing, sending, receiving, accepting and transmitting digital currency, and managing digital currency payment and exchange transactions; downloadable computer software for generating public and private cryptocurrency keys and cryptocurrency paper wallets; downloadable computer software, namely, an electronic financial platform that accommodates multiple types of payment and debt transactions in an integrated mobile phone, PDA, and web-based environment; downloadable software and mobile applications using artificial intelligence; downloadable software for processing digital images, graphics and text; downloadable anti-piracy software; downloadable computer software for encryption and decoding; downloadable computer graphics software; downloadable graphical user interface software; downloadable computer game software; downloadable computer software and mobile applications; encoding and decoding apparatus and instruments; downloadable software for connecting, operating, and managing networked devices in the internet of things (IoT)
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: Cryptocurrency software wallets; recorded and downloadable computer software for use as a cryptocurrency wallet; cryptocurrency hardware wallets; downloadable computer software for use as a cryptocurrency wallet; downloadable computer software for managing cryptocurrency transactions using blockchain technology; Downloadable mobile applications for providing access to crypto-collectibles, crypto-art and application tokens; downloadable software for use in electronically trading, storing, sending, receiving, accepting and transmitting digital currency, and managing digital currency payment and exchange transactions; downloadable computer software for generating public and private cryptocurrency keys and cryptocurrency paper wallets; downloadable computer software, namely, an electronic financial platform that accommodates multiple types of payment and debt transactions in an integrated mobile phone, PDA, and web-based environment; downloadable software and mobile applications using artificial intelligence; downloadable software and mobile applications using artificial intelligence for managing cryptocurrency transactions using blockchain technology; downloadable software for processing digital images, graphics and text; downloadable anti-piracy software; downloadable computer software for encryption and decoding; downloadable computer graphics software; downloadable graphical user interface software; downloadable computer game software; downloadable computer software and mobile applications; downloadable computer software and mobile applications for use as a cryptocurrency wallet, managing cryptocurrency transactions using blockchain technology; encoding and decoding apparatus and instruments; downloadable software for connecting, operating, and managing networked devices in the internet of things (IoT)Class 009 for recorded and downloadable computer software for use as a cryptocurrency wallet; cryptocurrency hardware wallets; downloadable computer software for use as a cryptocurrency wallet; downloadable computer software for managing cryptocurrency transactions using blockchain technology; Downloadable mobile applications for providing access to crypto-collectibles, crypto-art and application tokens; downloadable software for use in electronically trading, storing, sending, receiving, accepting and transmitting digital currency, and managing digital currency payment and exchange transactions; downloadable computer software for generating public and private cryptocurrency keys and cryptocurrency paper wallets; downloadable computer software, namely, an electronic financial platform that accommodates multiple types of payment and debt transactions in an integrated mobile phone, PDA, and web-based environment; downloadable software and mobile applications using artificial intelligence for managing cryptocurrency transactions using blockchain technology; downloadable software for processing digital images, graphics and text; downloadable anti-piracy software; downloadable computer software for encryption and decoding; downloadable computer graphics software; downloadable graphical user interface software; downloadable computer game software; downloadable computer software and mobile applications for use as a cryptocurrency wallet, managing cryptocurrency transactions using blockchain technology; encoding and decoding apparatus and instruments; downloadable software for connecting, operating, and managing networked devices in the internet of things (IoT)
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 online marketplace services, namely, providing a marketplace for buyers and sellers of digital currency assets; Operating an online marketplace featuring footwear and clothing; on-line retail store services
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: online marketplace services, namely, providing a marketplace for buyers and sellers of digital currency assets; Operating an online marketplace featuring footwear and clothing; on-line retail store services; on-line retail store services featuring footwear and clothingClass 035 for online marketplace services, namely, providing a marketplace for buyers and sellers of digital currency assets; Operating an online marketplace featuring footwear and clothing; on-line retail store services featuring footwear and clothing
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 a digital currency or digital token for use by members of an on-line community via a global computer network; facilitation of financial transactions using unconventional currency systems and bartering, namely, facilitating transfers of electronic cash equivalents; facilitation of crypto-currency transactions, namely, virtual currency exchange transaction services for transferrable electronic cash equivalent units having a specified cash value; Financial services, namely, providing electronic transfer of a digital currency for use by members of an on-line community via a global computer network; Issuance of tokens of value; cryptocurrency trading services; digital currency exchange services; financial services, namely, providing liquidity services in connection with digital currencies and assets, cryptocurrencies, virtual currency and blockchain-based assets; payment processing; financial transaction services
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 a digital currency or digital token for use by members of an on-line community via a global computer network; facilitation of financial transactions using unconventional currency systems and bartering, namely, facilitating transfers of electronic cash equivalents; facilitation of crypto-currency transactions, namely, virtual currency exchange transaction services for transferrable electronic cash equivalent units having a specified cash value; Financial services, namely, providing electronic transfer of a digital currency for use by members of an on-line community via a global computer network; Issuance of tokens of value; cryptocurrency trading services; digital currency exchange services; financial services, namely, providing liquidity services in connection with digital currencies and assets, cryptocurrencies, virtual currency and blockchain-based assets; financial services, namely, providing liquidity services in the nature of currency exchange services in connection with digital currencies and assets, cryptocurrencies, virtual currency and blockchain-based assets; payment processing; financial transaction servicesClass 036 for financial services, namely, providing a digital currency or digital token for use by members of an on-line community via a global computer network; facilitation of financial transactions using unconventional currency systems and bartering, namely, facilitating transfers of electronic cash equivalents; facilitation of crypto-currency transactions, namely, virtual currency exchange transaction services for transferrable electronic cash equivalent units having a specified cash value; Financial services, namely, providing electronic transfer of a digital currency for use by members of an on-line community via a global computer network; Issuance of tokens of value; cryptocurrency trading services; digital currency exchange services; financial services, namely, providing liquidity services in the nature of currency exchange services in connection with digital currencies and assets, cryptocurrencies, virtual currency and blockchain-based assets
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.

The applicant's current attorney information: Jaime M. Lemons. Jaime M. Lemons, is located at

      ONE BOWERMAN DRIVE
      BEAVERTON, Oregon 97005
      US

The phone number is 503-671-6453.

The email address is Nike.Docket@nike.com

The applicants proposed attorney information: Jaime M. Lemons. Jaime M. Lemons, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      ONE BOWERMAN DRIVE
      BEAVERTON, Oregon 97005
      United States

The phone number is 503-671-6453.

The email address is Nike.Docket@nike.com

Jaime M. Lemons 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: BENJAMIN U. OKEKE. BENJAMIN U. OKEKE, is located at

      ONE BOWERMAN DRIVE
      BEAVERTON, Oregon 97005
      US

The phone number is 503-671-6453.

The email address is Nike.Docket@nike.com; Benjamin.Okeke@nike.com

The applicants proposed correspondence information: Jaime M. Lemons. Jaime M. Lemons, is located at

      ONE BOWERMAN DRIVE
      BEAVERTON, Oregon 97005
      United States

The phone number is 503-671-6453.

The email address is Nike.Docket@nike.com

SIGNATURE(S)
Response Signature
Signature: /Benjamin U Okeke/     Date: 10/28/2019
Signatory's Name: Benjamin U. Okeke
Signatory's Position: Attorney of record, Associate General Counsel, Maryland bar member

Signatory's Phone Number: 503-318-8431

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:    BENJAMIN U. OKEKE
   
   
   ONE BOWERMAN DRIVE
   BEAVERTON, Oregon 97005
Mailing Address:    Jaime M. Lemons
   ONE BOWERMAN DRIVE
   BEAVERTON, Oregon 97005
        
Serial Number: 88394295
Internet Transmission Date: Mon Oct 28 14:53:19 EDT 2019
TEAS Stamp: USPTO/ROA-XXX.XXX.XX.XXX-201910281453192
34977-88394295-7008535ac887155a2531fe286
bae99a49877d63a91c69f2211299a360e3ee22b-
N/A-N/A-20191028142409669369