Response to Office Action

PTO- 1957

Approved for use through 11/30/2023. OMB 0651-0050

U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number

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PTO- 1957

Approved for use through 11/30/2023. OMB 0651-0050

U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 90080179 RALLY(Standard Characters, see http://uspto.report/TM/90080179/mark.png) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 009 for computer software and downloadable mobile applications for buying and selling securities of collectibles and alternative assets; computer software and downloadable mobile applications for marketing relating to collectibles and alternative assets investing and community listing features including communication of user opinions about the market for, quality of, or value of a particular collectible or asset; computer software and downloadable mobile applications for lead generation and creation of multimedia in the nature of presentations and advertisements, all relating to collectibles and alternative assets investing; computer software and mobile applications for providing information in the field of finance, investments, securities brokerage and securities trading, banking and cash management
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 and downloadable mobile applications for buying and selling securities of collectibles and alternative assets; Downloadable computer software and downloadable mobile applications for buying and selling securities and alternative assets; computer software and downloadable mobile applications for marketing relating to collectibles and alternative assets investing and community listing features including communication of user opinions about the market for, quality of, or value of a particular collectible or asset; downloadable computer software and downloadable mobile applications for use in marketing of collectibles and alternative assets investing and community listing features, namely software for communicating with users about the market for, quality of, or value of a particular collectible or asset; computer software and downloadable mobile applications for lead generation and creation of multimedia in the nature of presentations and advertisements, all relating to collectibles and alternative assets investing; downloadable computer software and downloadable mobile applications for use in lead generation and creation of multimedia in the nature of presentations and advertisements, all relating to collectibles and alternative assets investing; computer software and mobile applications for providing information in the field of finance, investments, securities brokerage and securities trading, banking and cash management; downloadable computer software and mobile applications for providing information in the field of finance, investments, securities brokerage and securities trading, banking and cash managementClass 009 for Downloadable computer software and downloadable mobile applications for buying and selling securities and alternative assets; downloadable computer software and downloadable mobile applications for use in marketing of collectibles and alternative assets investing and community listing features, namely software for communicating with users about the market for, quality of, or value of a particular collectible or asset; downloadable computer software and downloadable mobile applications for use in lead generation and creation of multimedia in the nature of presentations and advertisements, all relating to collectibles and alternative assets investing; downloadable computer software and mobile applications for providing information in the field of finance, investments, securities brokerage and securities trading, banking and cash management
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.

Webpage URL: None Provided
Webpage Date of Access: None Provided


Applicant proposes to amend the following:

Current:
Class 036 for financial services, namely, trading and brokerage of collectibles and alternative assets; financial investment services of collectibles and alternative assets; banking; cash management; providing information in the field of finance, investments, securities brokerage and securities trading, banking and cash management
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: financial services, namely, trading and brokerage of collectibles and alternative assets; Financial services, namely, trading and brokerage of alternative assets in the nature of securities; financial investment services of collectibles and alternative assets; banking; cash management; providing information in the field of finance, investments, securities brokerage and securities trading, banking and cash managementClass 036 for Financial services, namely, trading and brokerage of alternative assets in the nature of securities; banking; cash management; providing information in the field of finance, investments, securities brokerage and securities trading, banking and cash management
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.

Webpage URL: None Provided
Webpage Date of Access: None Provided


Applicant proposes to amend the following:

Current:
Class 042 for providing temporary use of a web-based software application for buying and selling securities in the nature of collectibles and alternative assets; providing temporary use of a web-based software application for marketing relating to collectibles and alternative assets investing and community listing features including communication of user opinions about the market for, quality of, or value of a particular collectible or asset; providing temporary use of a web-based software application for lead generation and creation of multimedia in the nature of presentations and advertisements, all relating to collectibles and alternative assets investing; providing temporary use of a web-based software application for providing information in the field of finance, investments, securities brokerage and securities trading, banking and cash management
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: Providing temporary use of a web-based software application for buying and selling securities in the nature of collectibles and alternative assets; providing temporary use of a web-based software application for marketing relating to collectibles and alternative assets investing and community listing features including communication of user opinions about the market for, quality of, or value of a particular collectible or asset; providing temporary use of a web-based software application for use in marketing of collectibles and alternative assets investing and community listing features, namely, software for communicating with users about the market for, quality of, or value of a particular collectible or asset; providing temporary use of a web-based software application for lead generation and creation of multimedia in the nature of presentations and advertisements, all relating to collectibles and alternative assets investing; providing temporary use of a web-based software application for use in lead generation and creation of multimedia in the nature of presentations and advertisements, all relating to collectibles and alternative assets investing; providing temporary use of a web-based software application for providing information in the field of finance, investments, securities brokerage and securities trading, banking and cash managementClass 042 for Providing temporary use of a web-based software application for buying and selling securities in the nature of collectibles and alternative assets; providing temporary use of a web-based software application for use in marketing of collectibles and alternative assets investing and community listing features, namely, software for communicating with users about the market for, quality of, or value of a particular collectible or asset; providing temporary use of a web-based software application for use in lead generation and creation of multimedia in the nature of presentations and advertisements, all relating to collectibles and alternative assets investing; providing temporary use of a web-based software application for providing information in the field of finance, investments, securities brokerage and securities trading, banking and cash management
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.

Webpage URL: None Provided
Webpage Date of Access: None Provided


OWNER AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: RALLY HOLDINGS LLC, a limited liability company legally organized under the laws of Delaware, having an address of
      250 LAFAYETTE STREET, 2ND FLOOR
      NEW YORK, New York 10012
      United States

Proposed: RALLY HOLDINGS LLC, a limited liability company legally organized under the laws of Delaware, having an address of
      250 LAFAYETTE STREET, 2ND FLOOR
      NEW YORK, New York 10012
      United States
      Email Address: XXXX

ADDITIONAL STATEMENTS
Miscellaneous Statement
Applicant requests that this application be suspended pending the final disposition of the prior pending applications that were cited in the Office Action of November 17, 2020.

Correspondence Information (current):
      Anita B. Polott
      PRIMARY EMAIL FOR CORRESPONDENCE: trademarks@morganlewis.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED
Correspondence Information (proposed):
      Anita B. Polott
      PRIMARY EMAIL FOR CORRESPONDENCE: trademarks@morganlewis.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): anita.polott@morganlewis.com; brittany.estell@morganlewis.com; michelle.raynes@morganlewis.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: /Brittany A Estell/     Date: 05/11/2021
Signatory's Name: Brittany A. Estell
Signatory's Position: Attorney of Record, DC Bar Member

Signatory's Phone Number: 202-739-5286 (Brittany A. Estell, Attorney of Record) Signature method: Sent to third party for signature

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:    Anita B. Polott
   Morgan, Lewis & Bockius LLP
   Attn: TMSU
   1111 Pennsylvania Avenue, NW
   Washington, District of Columbia 20004
Mailing Address:    Anita B. Polott
   Morgan, Lewis & Bockius LLP
   Attn: TMSU
   1111 Pennsylvania Avenue, NW
   Washington, District of Columbia 20004
        
Serial Number: 90080179
Internet Transmission Date: Wed May 12 09:56:41 ET 2021
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.XX-202105120956418
13282-90080179-7805fc1ab9bb86ff2ff67a595
b542603a1579df58c1c4fd202bfbcd76b966a77-
N/A-N/A-20210511140917636865