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. 88505544 TRUSTX(Standard Characters, see http://uspto.report/TM/88505544/mark.png) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant hereby deletes the following class of goods/services from the application.
Class 045 for Personal identification verification services, namely, biometric capture, bioauthentication, biometric authentication, and fingerprint, iris, voice, face, and hand recognition; Biometric security services; user authentication services for security purposes; biometric identity authentication services for security purposes; providing user authentication services in the nature of providing authentication of individual identity information using biometric features stored on a computer network; Providing computing user authentication services in the nature of providing authentication of individual identity information using biometric features stored on computer networks in order to protect network accessible data associated with individuals

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 009 for Computer software for biometric verification purposes; Computer software for biometric identification purposes; Computer software for verification and identification purposes by means of storage of biometric features and comparison of the stored features; Computer software for use in biometric capture, bioauthentication, biometric authentication, and in fingerprint, iris, voice, face, and hand verification; electronic databases in the fields of business security, individual and business privacy, and identification verification; Computer security software based on biometrics; Computer software for biometric authentication purposes namely, for fraud protection and detection; Computer software for detecting fraudulent biometric data by analyzing acquired biometric data for authenticity
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 software for biometric verification purposes; Computer software for biometric identification purposes; Computer software for verification and identification purposes by means of storage of biometric features and comparison of the stored features; Computer software for use in biometric capture, bioauthentication, biometric authentication, and in fingerprint, iris, voice, face, and hand verification; electronic databases in the fields of business security, individual and business privacy, and identification verification; electronic databases in the fields of business security, individual and business privacy, and identification verification recorded on computer media; Computer security software based on biometrics; Computer software for biometric authentication purposes namely, for fraud protection and detection; Computer software for detecting fraudulent biometric data by analyzing acquired biometric data for authenticityClass 009 for Computer software for biometric verification purposes; Computer software for biometric identification purposes; Computer software for verification and identification purposes by means of storage of biometric features and comparison of the stored features; Computer software for use in biometric capture, bioauthentication, biometric authentication, and in fingerprint, iris, voice, face, and hand verification; electronic databases in the fields of business security, individual and business privacy, and identification verification recorded on computer media; Computer security software based on biometrics; Computer software for biometric authentication purposes namely, for fraud protection and detection; Computer software for detecting fraudulent biometric data by analyzing acquired biometric data for authenticity
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 042 for Provision of secure computing technology services for protecting data and information from unauthorized access; Provision of secure computing technology services for protecting data and information from unauthorized access by analyzing biometric data; Provision of secure computing technology services for protecting data and information from unauthorized access by analyzing acquired biometric data for authenticity
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: Provision of secure computing technology services for protecting data and information from unauthorized access; Computer security threat analysis for protecting data and information from unauthorized access; Provision of secure computing technology services for protecting data and information from unauthorized access by analyzing biometric data; Computer security threat analysis for protecting data and information from unauthorized access by analyzing biometric data; Provision of secure computing technology services for protecting data and information from unauthorized access by analyzing acquired biometric data for authenticity; Computer security threat analysis for protecting data and information from unauthorized access by analyzing acquired biometric data for authenticity; providing user authentication services using biometric software technology for network-based transactions; fingerprint, iris, face, and hand recognition services using cloud-based software technology; providing user authentication services using biometric software technology, namely, providing authentication of individual identity information using biometric features stored on a computer network; providing computing user authentication services using biometric software technology, namely, providing authentication of individual identity information using biometric features stored on a computer network in order to protect network accessible data associated with individualsClass 042 for Computer security threat analysis for protecting data and information from unauthorized access; Computer security threat analysis for protecting data and information from unauthorized access by analyzing biometric data; Computer security threat analysis for protecting data and information from unauthorized access by analyzing acquired biometric data for authenticity; providing user authentication services using biometric software technology for network-based transactions; fingerprint, iris, face, and hand recognition services using cloud-based software technology; providing user authentication services using biometric software technology, namely, providing authentication of individual identity information using biometric features stored on a computer network; providing computing user authentication services using biometric software technology, namely, providing authentication of individual identity information using biometric features stored on a computer network in order to protect network accessible data associated with individuals
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: Kevin McDermott. Kevin McDermott of DAON, INC., is located at

      SUITE 900
      11911 FREEDOM DRIVE
      RESTON, Virginia 20190
      US

The phone number is 703-984-4000.

The fax number is 703-984-4099.

The applicants proposed attorney information: Kevin McDermott. Kevin McDermott of DAON, INC., is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      SUITE 900
      11911 FREEDOM DRIVE
      RESTON, Virginia 20190
      United States

The phone number is 703-984-4000.

The fax number is 703-984-4099.

The email address is kevin.mcdermott@daon.com

Kevin McDermott 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: KEVIN MCDERMOTT. KEVIN MCDERMOTT of DAON, INC., is located at

      SUITE 900
      11911 FREEDOM DRIVE
      RESTON, Virginia 20190
      US

The phone number is 703-984-4000.

The fax number is 703-984-4099.

The email address is kevin.mcdermott@daon.com

The applicants proposed correspondence information: Kevin McDermott. Kevin McDermott of DAON, INC., is located at

      SUITE 900
      11911 FREEDOM DRIVE
      RESTON, Virginia 20190
      United States

The phone number is 703-984-4000.

The fax number is 703-984-4099.

The email address is kevin.mcdermott@daon.com

SIGNATURE(S)
Response Signature
Signature: /Kevin McDermott/     Date: 01/09/2020
Signatory's Name: Kevin McDermott
Signatory's Position: Attorney of record, Virginia bar member

Signatory's Phone Number: 703-984-4024

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:    KEVIN MCDERMOTT
   DAON, INC.
   SUITE 900
   11911 FREEDOM DRIVE
   RESTON, Virginia 20190
Mailing Address:    Kevin McDermott
   DAON, INC.
   SUITE 900
   11911 FREEDOM DRIVE
   RESTON, Virginia 20190
        
Serial Number: 88505544
Internet Transmission Date: Thu Jan 09 14:39:57 EST 2020
TEAS Stamp: USPTO/ROA-XX.XXX.XX.X-202001091439576243
89-88505544-700a93440e415dd6bc5962dd7c2a
a4576e9b02d4bfdbeb39e8236f0b8bcd7482f8-N
/A-N/A-20200109143008257202