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)

---

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. 88786107 BETTERNET(Standard Characters, see http://uspto.report/TM/88786107/mark.png) has been amended as follows:

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

Applicant respectfully requests that Registration No. 4,892,495 be removed as a bar to registration of the application. Applicant is the current owner of the cited registration, as indicated by the assignment of the cited registration to Applicant, recorded on August 13, 2020 under Reel 7020/Frame 0361. A copy of the Notice of Recordation of Assignment document is attached hereto as reference. Furthermore, Applicant claims ownership of Registration No. 4,892,495.

EVIDENCE
Evidence has been attached: a copy of the Notice of Recordation of Assignment document showing the owner as Pango Inc.
Original PDF file:
evi_20413008-202008251406 28272860_._18446-6016.000 _BETTERNET_Notice_of_Reco rdation.pdf
Converted PDF file(s) ( 1 page) Evidence-1

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 009 for Communication software for providing access to the Internet; Communications software for connecting users with Internet sites; Computer application software for mobile phones for ensuring user security and privacy; Computer software for encryption; Computer software for use in the safeguarding of digital files, including audio, video, text, binary, still images, graphics and multimedia files; Downloadable software in the nature of a mobile application for ensuring user security and privacy; VPN (virtual private network) operating software
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 12/17/2014 and first used in commerce at least as early as 12/17/2014 , and is now in use in such commerce.


Proposed:

Tracked Text Description: Communication software for providing access to the Internet; Downloadable anti-spyware software; Communications software for connecting users with Internet sites; downloadable communication software for providing access to the Internet; Computer application software for mobile phones for ensuring user security and privacy; downloadable communications software for connecting users with Internet sites; Computer software for encryption; downloadable computer application software for mobile phones for ensuring user security and privacy; Computer software for use in the safeguarding of digital files, including audio, video, text, binary, still images, graphics and multimedia files; downloadable computer software for controlling and managing access server applications; downloadable computer software for encryption; VPN (virtual private network) operating software; downloadable computer software for use in the safeguarding of digital files, including audio, video, text, binary, still images, graphics and multimedia files; downloadable software in the nature of a mobile application for ensuring user security and privacy; downloadable network access server operating software; downloadable VPN (virtual private network) operating software; Downloadable computer application software for mobile phones, namely, software for detecting and blocking trackers and malicious websites known to host malware, viruses, and other online threats; Downloadable computer software for detecting and blocking trackers and malicious websites known to host malware, viruses, and other online threatsClass 009 for Downloadable anti-spyware software; downloadable communication software for providing access to the Internet; downloadable communications software for connecting users with Internet sites; downloadable computer application software for mobile phones for ensuring user security and privacy; downloadable computer software for controlling and managing access server applications; downloadable computer software for encryption; downloadable computer software for use in the safeguarding of digital files, including audio, video, text, binary, still images, graphics and multimedia files; downloadable software in the nature of a mobile application for ensuring user security and privacy; downloadable network access server operating software; downloadable VPN (virtual private network) operating software; Downloadable computer application software for mobile phones, namely, software for detecting and blocking trackers and malicious websites known to host malware, viruses, and other online threats; Downloadable computer software for detecting and blocking trackers and malicious websites known to host malware, viruses, and other online threats
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 12/17/2014 and first used in commerce at least as early as 12/17/2014 , and is now in use in such commerce.
OWNER AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: Pango Inc., a corporation of Delaware, having an address of
      1800 Seaport Blvd.
      Redwood City, California 94063
      United States

Proposed: Pango Inc., a corporation of Delaware, having an address of
      541 Jefferson Ave., Suite 100
      Redwood City, California 94063
      United States
      Email Address: XXXX

ADDITIONAL STATEMENTS
Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 4892495.

Correspondence Information (current):
      JENNIFER LEE TAYLOR
      PRIMARY EMAIL FOR CORRESPONDENCE: TMDocket@mofo.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): JTaylor@mofo.com

The docket/reference number is 184466016000.
Correspondence Information (proposed):
      Jennifer Lee Taylor
      PRIMARY EMAIL FOR CORRESPONDENCE: TMDocket@mofo.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): MHuq@mofo.com; SGuerra@mofo.com

The docket/reference number is 184466016000.

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: /mhuq/     Date: 08/25/2020
Signatory's Name: Muzamil Huq
Signatory's Position: Attorney of record, CA bar member

Signatory's Phone Number: 415-268-7810

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:    JENNIFER LEE TAYLOR
   MORRISON & FOERSTER LLP
   
   425 MARKET STREET
   SAN FRANCISCO, California 94105
Mailing Address:    Jennifer Lee Taylor
   MORRISON & FOERSTER LLP
   425 MARKET STREET
   SAN FRANCISCO, California 94105
        
Serial Number: 88786107
Internet Transmission Date: Tue Aug 25 18:53:06 ET 2020
TEAS Stamp: USPTO/ROA-XXX.XXX.X.X-202008251853063903
68-88786107-74078b0c82b26a2f732e2a041b68
9fef57c79c01756187e5bc4c3bba9c53ef751cc-
N/A-N/A-20200825184643784284