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 09/30/2020)

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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 09/30/2020)

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 88786129 TOUCH VPN(Standard Characters, see http://uspto.report/TM/88786129/mark.png) has been amended as follows:

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

In response to the Office Action (dated April 14, 2020), Applicant respectfully amends the identification of goods as suggested by the Examiner and deletes the conflicting goods to the cited TOUCH GFX registration to remove the Section 2(d) refusal. Applicant further notes that such amendment to the identification of goods should also remove the cited prior pending application for REAL TIME TOUCH as a potential bar to registration. Applicant respectfully requests that these amendments be accepted and entered. Should there be any issues with the amendments, please contact the attorney of record, Jennifer Lee Taylor.

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 06/26/2015 and first used in commerce at least as early as 06/26/2015 , 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 computer application software for mobile phones for ensuring user security and privacy; Computer application software for mobile phones for ensuring user security and privacy; downloadable computer software for controlling and managing access server applications; Computer software for encryption; downloadable 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 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; 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.Class 009 for Downloadable anti-spyware software; 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 06/26/2015 and first used in commerce at least as early as 06/26/2015 , 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
Miscellaneous Statement
As requested by the Examiner, Applicant attaches hereto a screenshot of its website as it relates to the TOUCH VPN operating software and confirms the software does not utilize touch screen technology, nor does the term "touch" have a recognizable meaning in the VPN industry. Lastly, if the amended goods are not accepted to overcome the citation of U.S. Application Serial No. 88-151920 for the REAL TIME TOUCH mark, Applicant respectfully requests that this application be suspended pending the final disposition of U.S. Application Serial No. 88-151920.

Original PDF file:
mis-20413008-202010120608 37289886_._18446-6018.000 _TOUCH_VPN_screen_shot_we bsite.pdf
Converted PDF file(s) ( 4 pages) Miscellaneous File1Miscellaneous File2Miscellaneous File3Miscellaneous File4
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 184466018000.
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 184466018000.

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: /jlt/     Date: 10/12/2020
Signatory's Name: Jennifer Lee Taylor
Signatory's Position: Attorney of record, CA bar member

Signatory's Phone Number: 415-268-6538

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: 88786129
Internet Transmission Date: Mon Oct 12 14:06:53 ET 2020
TEAS Stamp: USPTO/ROA-XXX.XXX.X.X-202010121406531048
21-88786129-7503dc59513531a437e3eb8279b1
e227aa3c6d6588a5eef616b1e7c539a39bbd-N/A
-N/A-20201012140132174810