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. 88777679 NO IDENTITY LEFT BEHIND(Standard Characters, see http://uspto.report/TM/88777679/mark.png) has been amended as follows:

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

See argument contained in document attached in the evidence section.

EVIDENCE
Evidence has been attached: Response to Office Action (.pdf); Exhibit 1 to Response -- Process Flowchart (.pdf); Exhibit 2 to Response -- Table of Select Class 38 Trademarks (.pdf); Exhibit 3 to Response -- Website Image (.jpg)
JPG file(s):Evidence-1
Original PDF file:
evi_1841918911-2020091712 1409171033_._Response_to_ Office_Action.pdf
Converted PDF file(s) ( 8 pages) Evidence-1Evidence-2Evidence-3Evidence-4Evidence-5Evidence-6Evidence-7Evidence-8
Original PDF file:
evi_1841918911-2020091712 1409171033_._Exhibit_1_to _ID.me_Response.pdf
Converted PDF file(s) ( 1 page) Evidence-1
Original PDF file:
evi_1841918911-2020091712 1409171033_._Exhibit_2_to _ID.me_Response.pdf
Converted PDF file(s) ( 3 pages) Evidence-1Evidence-2Evidence-3

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant hereby deletes the following class of goods/services from the application.
Class 045 for Identification verification services, namely, providing authentication of personal identification information via secure storage and transmitting such information via the Internet

Applicant proposes to amend the following:

Current:
Class 042 for Computer services, namely, application service provider (ASP) featuring application programming interface (API) software for allowing data retrieval, upload, access and management for purposes of authentication of personal identification information
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 09/05/2017 and first used in commerce at least as early as 09/05/2017 , and is now in use in such commerce.


Proposed:

Tracked Text Description: Computer services, namely, application service provider (ASP) featuring application programming interface (API) software for allowing data retrieval, upload, access and management for purposes of authentication of personal identification information; identification verification services, namely, user authentication services authenticating personal identification information using technology for e-commerce transactionsClass 042 for Computer services, namely, application service provider (ASP) featuring application programming interface (API) software for allowing data retrieval, upload, access and management for purposes of authentication of personal identification information; identification verification services, namely, user authentication services authenticating personal identification information using technology for e-commerce transactions
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 09/05/2017 and first used in commerce at least as early as 09/05/2017 , and is now in use in such commerce. Correspondence Information (current):
      Craig A. Guthery
      PRIMARY EMAIL FOR CORRESPONDENCE: cguthery@fhhfirm.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): mcross@fhhfirm.com; mmomen@fhhfirm.com; trademark@fhhfirm.com
Correspondence Information (proposed):
      Craig A. Guthery
      PRIMARY EMAIL FOR CORRESPONDENCE: cguthery@fhhfirm.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): mcross@fhhfirm.com; mmomen@fhhfirm.com; trademark@fhhfirm.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: /craigaguthery/     Date: 09/17/2020
Signatory's Name: Craig A Guthery
Signatory's Position: Attorney of record

Signatory's Phone Number: 7038636661

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:    Craig A. Guthery
   FH+H
   
   1751 PINNACLE DR., SUITE 1000
   TYSONS, Virginia 22102
Mailing Address:    Craig A. Guthery
   FH+H
   1751 PINNACLE DR., SUITE 1000
   TYSONS, Virginia 22102
        
Serial Number: 88777679
Internet Transmission Date: Thu Sep 17 13:00:40 ET 2020
TEAS Stamp: USPTO/ROA-XXX.XXX.XX.XX-2020091713004045
9793-88777679-7502fe01beca01c39a5193fb58
8c03d8af86ebfe6ccd395fac49e3c83a9f076d56
7-N/A-N/A-20200917121409171033