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. 88488409 KYNECT (Stylized and/or with Design, see http://uspto.report/TM/88488409/mark.png) has been amended as follows:

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

See attached PDF.

EVIDENCE
Evidence in the nature of Argument has been attached.
Original PDF file:
evi_260017021e511730989176bc34fdf2e1-20200221190400945082_._sponse_to_8-21-19_Office_Action__Appl._88488409__color_mark_.pdf
Converted PDF file(s) ( 11 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Evidence-6
Evidence-7
Evidence-8
Evidence-9
Evidence-10
Evidence-11

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following:
Current: Class 035 for multi-level marketing services, namely, the marketing of: (i) electricity and natural gas services; (ii) home security and alarm services; (iii) identity theft and credit monitoring services; (iv) computer technical support services; (v) satellite, cable and DSL television and internet services; administration of a discount program for enabling participants to obtain discounts on the cost of goods and services or receive improved services through use of a membership card
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: multi-level marketing services, namely, the marketing of: (i) electricity and natural gas services; multi-level marketing services, namely, the multi-level marketing of home security and alarm services, identity theft and credit monitoring services, computer technical support services, satellite, cable and DSL television and internet services; (ii) home security and alarm services; administration of a discount program for enabling participants to obtain discounts on the cost of goods and services or receive improved services through use of a membership card; (iii) identity theft and credit monitoring services; (iv) computer technical support services; (v) satellite, cable and DSL television and internet servicesClass 035 for multi-level marketing services, namely, the multi-level marketing of home security and alarm services, identity theft and credit monitoring services, computer technical support services, satellite, cable and DSL television and internet services; administration of a discount program for enabling participants to obtain discounts on the cost of goods and services or receive improved services through use of a membership card
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:
Current: Class 038 for telecommunication services, namely, mobile virtual network operator (MVNO) services; wireless telephone services
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: telecommunication services, namely, mobile virtual network operator (MVNO) services; telecommunication services, namely, mobile virtual network operator services; wireless telephone servicesClass 038 for telecommunication services, namely, mobile virtual network operator services; wireless telephone services
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.

OWNER AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: KYNECT IP HOLDCO, LLC, a limited liability company legally organized under the laws of Texas, having an address of

            TOLLWAY CENTER      14675 DALLAS PARKWAY, STE. 150
      DALLAS, Texas 75254
      United States

Proposed: KYNECT IP HOLDCO, LLC, a limited liability company legally organized under the laws of Texas, having an address of
      TOLLWAY CENTER
      14675 DALLAS PARKWAY, STE. 150
      DALLAS, Texas 75254
      United States
      Email Address: jwtrademarks@joneswalker.com
Correspondence Information (current):
      Michael K. Leachman
      PRIMARY EMAIL FOR CORRESPONDENCE: jwtrademarks@joneswalker.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED
Correspondence Information (proposed):
      Michael K. Leachman
      PRIMARY EMAIL FOR CORRESPONDENCE: jwtrademarks@joneswalker.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): mleachman@joneswalker.com

Requirement for Email and Electronic Filing: I understand that a valid email address must be maintained by the owner/holder and the owner's/holder's attorney, if appointed, and that all official trademark correspondence must be submitted via the Trademark Electronic Application System (TEAS).

SIGNATURE(S)
Response Signature
Signature: /michael k. leachman/     Date: 02/21/2020
Signatory's Name: michael k. leachman
Signatory's Position: attorney of record

Signatory's Phone Number: 225-248-2420

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:    Michael K. Leachman
   JONES WALKER LLP
   
   445 North Blvd, Ste 800
   BATON ROUGE, Louisiana 70802
Mailing Address:    Michael K. Leachman
   JONES WALKER LLP
   445 North Blvd, Ste 800
   BATON ROUGE, Louisiana 70802
        
Serial Number: 88488409
Internet Transmission Date: Fri Feb 21 19:09:09 ET 2020
TEAS Stamp: USPTO/ROA-XXXX:XXXX:XXXX:XXXX:XXXX:XXXX:
XXXX:XXXX-20200221190909876705-88488409-
7107766acc37914eef1fbc9926eac8f45b7e1332
9bd4b053cd6f3ec12b5d6336-N/A-N/A-2020022
1190400945082