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. 90121009 FLIPPER(Standard Characters, see http://uspto.report/TM/90121009/mark.png) has been amended as follows:

EVIDENCE
Evidence has been attached: written argument
Original PDF file:
evi_260144483809d3034e8a9 82d7efc5c1-20210319110650 555771_._FLIPPER_Response _to_Office_Action.pdf
Converted PDF file(s) ( 4 pages) Evidence-1Evidence-2Evidence-3Evidence-4

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 009 for Portable, customizable electronic device featuring computer software development tools, interactive computer games and entertainment programs, and open-source firmware for use in performing two-factor authentication, emitting and receiving infrared signals for communication with other components and devices, storing access-control credentials, transmitting and receiving wireless signals and scanning, analyzing, and penetration-testing radio protocols, access-control systems, computer interfaces, USB ports, and hardware; computer hardware for detecting and identifying access to computer networks and resources, performing vulnerability scans, and penetration testing
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: Portable, customizable electronic device featuring computer software development tools, interactive computer games and entertainment programs, and open-source firmware for use in performing two-factor authentication, emitting and receiving infrared signals for communication with other components and devices, storing access-control credentials, transmitting and receiving wireless signals and scanning, analyzing, and penetration-testing radio protocols, access-control systems, computer interfaces, USB ports, and hardware; Portable, customizable electronic device, namely, a handheld security testing device with onboard computer software development tools, open-source firmware, and an operating system reminiscent of a computer game, for use in interacting with and testing the security of other electronic devices by spoofing two-factor authentication, emitting and receiving infrared signals, storing access-control credentials, transmitting and receiving wireless signals, and scanning, analyzing and penetration-testing radio protocols, computer interfaces, USB ports, and computer hardware; computer hardware for detecting and identifying access to computer networks and resources, performing vulnerability scans, and penetration testingClass 009 for Portable, customizable electronic device, namely, a handheld security testing device with onboard computer software development tools, open-source firmware, and an operating system reminiscent of a computer game, for use in interacting with and testing the security of other electronic devices by spoofing two-factor authentication, emitting and receiving infrared signals, storing access-control credentials, transmitting and receiving wireless signals, and scanning, analyzing and penetration-testing radio protocols, computer interfaces, USB ports, and computer hardware; computer hardware for detecting and identifying access to computer networks and resources, performing vulnerability scans, and penetration testing
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: Flipper Devices Inc., a corporation of Delaware, having an address of
      2803 Philadelphia Pike, Suite B #551
      Claymont, Delaware 19703
      United States
      Email Address: XXXX

Proposed: Flipper Devices Inc., a corporation of Delaware, having an address of
      Office 301, Hohlovskiy per. 7-9 str. 2
      Moscow, 101000
      Russia
      Email Address: XXXX

The owner's/holder's current attorney information: Sean Ploen. Sean Ploen of PLOEN LAW FIRM, PC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      1595 SELBY AVE, SUITE 300
      SAINT PAUL, Minnesota 55104
      United States
The docket/reference number is FLI-601.
      The phone number is 651-894-6800.
      The fax number is 651-894-6801.
      The email address is docketing@ploen.com

The owner's/holder's proposed attorney information: Sean Ploen. Other appointed attorneys are Colman Sutter and Kirsten Hash. Sean Ploen of Ploen Law Firm, PC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      1595 Selby Avenue, Suite 300
      Saint Paul, Minnesota 55104
      United States
The docket/reference number is FLI-601.
      The phone number is 651-894-6800.
      The fax number is 651-894-6801.
      The email address is docketing@ploen.com

Sean Ploen 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.Correspondence Information (current):
      SEAN PLOEN
      PRIMARY EMAIL FOR CORRESPONDENCE: docketing@ploen.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): sploen@ploen.com; csutter@ploen.com; khash@ploen.com

The docket/reference number is FLI-601.
Correspondence Information (proposed):
      Sean Ploen
      PRIMARY EMAIL FOR CORRESPONDENCE: docketing@ploen.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): sploen@ploen.com; csutter@ploen.com; khash@ploen.com

The docket/reference number is FLI-601.

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: /Sean Ploen/     Date: 03/19/2021
Signatory's Name: Sean Ploen
Signatory's Position: Attorney of record

Signatory's Phone Number: 651-894-6800 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:    SEAN PLOEN
   PLOEN LAW FIRM, PC
   
   1595 SELBY AVE, SUITE 300
   SAINT PAUL, Minnesota 55104
Mailing Address:    Sean Ploen
   Ploen Law Firm, PC
   1595 Selby Avenue, Suite 300
   Saint Paul, Minnesota 55104
        
Serial Number: 90121009
Internet Transmission Date: Fri Mar 19 13:07:54 ET 2021
TEAS Stamp: USPTO/ROA-XXXX:XXX:XXXX:XXXX:XXXX:XXXX:X
XXX:XXXX-20210319130754986073-90121009-7
703e55f0fb2429b104213ab2dd4c6c5d666cd07e
44b215d2697121977c51c99-N/A-N/A-20210319
110650555771