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. 88413331 SLATE(Standard Characters, see http://uspto.report/TM/88413331/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 software for use in creating, downloading, uploading, designing, modifying, reproducing, transmitting and sharing images, graphics, fonts, photographs, text, videos and data in the nature of electric, electronic, digital or computer data that may be downloaded from a global computer network
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 05/02/2019 and first used in commerce at least as early as 05/02/2019 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Computer software for use in creating, downloading, uploading, designing, modifying, reproducing, transmitting and sharing images, graphics, fonts, photographs, text, videos and data in the nature of electric, electronic, digital or computer data that may be downloaded from a global computer network; Downloadable computer software for use in creating, downloading, uploading, designing, modifying, reproducing, transmitting and sharing images, graphics, fonts, photographs, text, videos and data in the nature of electric, electronic, digital or computer data that may be downloaded from a global computer networkClass 009 for Downloadable computer software for use in creating, downloading, uploading, designing, modifying, reproducing, transmitting and sharing images, graphics, fonts, photographs, text, videos and data in the nature of electric, electronic, digital or computer data that may be downloaded from a global computer network
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 05/02/2019 and first used in commerce at least as early as 05/02/2019 , 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 screenshots of Applicant's software downloaded on a mobile device .
"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:
SPU0-10883133181-20200117191034158786_._Specimen_of_Use_SLATE_Cl_9_88413331.pdf
Converted PDF file(s) ( 1 page)
Specimen File1

Applicant hereby adds the following class of goods/services to the application:
New: Class 042 for Non-downloadable computer software for use in creating, downloading, uploading, designing, modifying, reproducing, transmitting and sharing images, graphics, fonts, photographs, text, videos and data in the nature of electric, electronic, digital or computer data that may be downloaded from a global computer 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.

APPLICANT AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: Fontmoji Inc., a corporation of Delaware, having an address of
      870 United Nations Plaza, 37D
      New York, New York 10017
      United States

      XXXX (authorized)
      914-620-5980
Proposed: Slate Digital, Inc., a corporation of New York, having an address of
      870 United Nations Plaza, 37D
      New York, New York 10017
      United States
      
      

The applicant hereby appoints Calla Y. Yee. Other appointed attorneys are all attorneys of Kilpatrick Townsend & Stockton LLP. Calla Y. Yee of Kilpatrick Townsend & Stockton 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

      Two Embarcadero Center, Suite 1900
      San Francisco, California 94111
      United States
to submit this Response to Office Action Form on behalf of the applicant.
The docket/reference number is 1174479.

The phone number is 415-576-0200.

The fax number is 415-576-0300.

The email address is tmadmin@kilpatricktownsend.com

Calla Y. Yee 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: FONTMOJI INC.. FONTMOJI INC. of FONTMOJI INC., is located at

      870 UNITED NATIONS PLAZA, 37D
      NEW YORK, New York 10017
      US

The phone number is 914-620-5980.

The email address is will@fontmoji.io

The applicants proposed correspondence information: Calla Y. Yee. Calla Y. Yee of KILPATRICK TOWNSEND & STOCKTON LLP, is located at

      MAILSTOP: IP DOCKETING-22
      1100 Peachtree Street, Suite 2800
      ATLANTA, Georgia 30309
      United States
The docket/reference number is 1174479.

The phone number is 415-576-0200.

The fax number is 415-576-0300.

The email address is tmadmin@kilpatricktownsend.com; cyee@kilpatricktownsend.com; RGupta@kilpatricktownsend.com; rbricker@kilpatricktownsend.com; mmartinenko@kilpatricktownsend.com

FEE(S)
Fee(s) in the amount of $225 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: /Eric Stark/      Date: 01/17/2020
Signatory's Name: Eric Stark
Signatory's Position: Co-Founder
Signatory's Phone Number: Contact Attorney of Record


Response Signature
Signature: /Calla Yee/     Date: 01/18/2020
Signatory's Name: Calla Yee
Signatory's Position: Attorney of Record, California State Bar Member

Signatory's Phone Number: 415-576-0200

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:    FONTMOJI INC.
   FONTMOJI INC.
   
   870 UNITED NATIONS PLAZA, 37D
   NEW YORK, New York 10017
Mailing Address:    Calla Y. Yee
   KILPATRICK TOWNSEND & STOCKTON LLP
   MAILSTOP: IP DOCKETING-22
   1100 Peachtree Street, Suite 2800
   ATLANTA, Georgia 30309
        
RAM Sale Number: 88413331
RAM Accounting Date: 01/21/2020
        
Serial Number: 88413331
Internet Transmission Date: Sat Jan 18 22:58:17 EST 2020
TEAS Stamp: USPTO/ROA-XXX.XX.XXX.XXX-202001182258171
44938-88413331-70022a6e0fdb40b7146ad63c1
ba2aa640c71bdc432468d995fb9cce891e437cc4
-CC-58155856-20200117191034158786