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. 90537785 RAI(Standard Characters, see http://uspto.report/TM/90537785/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; Computer software relating to digital assets; Computer software relating to treatment of financial transactions; Computer software relating to electronic payments; Computer software relating to a system of cryptography; Computer software for use as an electronic wallet; Computer software relating to digital assets, including but not limited to cryptocurrency; Computer software to facilitate the use of a block chain or distributed ledger; Computer software enabling users to compile, store, transmit, receive, trade and exchange virtual currencies, cryptocurrencies and other digital assets; computer software being digital currency, being electronically stored currency, tokens of value, utility tokens, securities, shares, units of equity and tokens providing an entitlement to any of the foregoing, along with any digital representations of value or negotiable instruments; computer software being cryptocurrency, being any encrypted version of digital currency, including any digital currency whose characteristics are held in the form of or via a block chain; computer software being peer-to-peer currency, being digital currencies and cryptocurrencies which are capable of exchange defined network of users; downloadable cryptographic keys for receiving and spending cryptocurrency
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 05/30/2020 and first used in commerce at least as early as 10/28/2020 , and is now in use in such commerce.


Proposed:

Tracked Text Description: Computer software; Downloadable computer software to facilitate the use of a block chain or distributed ledger; Computer software relating to digital assets; downloadable computer software for managing cryptocurrency, being any encrypted version of digital currency, including any digital currency whose characteristics are held in the form of or via a block chain; Computer software relating to treatment of financial transactions; downloadable computer software for managing peer-to-peer currency, being digital currencies and cryptocurrencies which are capable of exchange defined network of users; Computer software relating to electronic payments; Computer software relating to a system of cryptography; Computer software for use as an electronic wallet; Computer software relating to digital assets, including but not limited to cryptocurrency; Computer software to facilitate the use of a block chain or distributed ledger; Computer software enabling users to compile, store, transmit, receive, trade and exchange virtual currencies, cryptocurrencies and other digital assets; computer software being digital currency, being electronically stored currency, tokens of value, utility tokens, securities, shares, units of equity and tokens providing an entitlement to any of the foregoing, along with any digital representations of value or negotiable instruments; computer software being cryptocurrency, being any encrypted version of digital currency, including any digital currency whose characteristics are held in the form of or via a block chain; computer software being peer-to-peer currency, being digital currencies and cryptocurrencies which are capable of exchange defined network of users; downloadable cryptographic keys for receiving and spending cryptocurrencyClass 009 for Downloadable computer software to facilitate the use of a block chain or distributed ledger; downloadable computer software for managing cryptocurrency, being any encrypted version of digital currency, including any digital currency whose characteristics are held in the form of or via a block chain; downloadable computer software for managing peer-to-peer currency, being digital currencies and cryptocurrencies which are capable of exchange defined network of users
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 05/30/2020 and first used in commerce at least as early as 10/28/2020 , and is now in use in such commerce.

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

Applicant proposes to amend the following:

Current:
Class 042 for Design and development of computer hardware and software; Computer services, namely, providing use of software applications through a website; providing information and consultancy services in the field of computer hardware and software; providing information and consultancy services relating to the design and development of computer hardware and software; hosting an interactive website enabling users to view and access financial news, data and information related to foreign, domestic, electronic and cryptocurrencies and other digital assets; design and development of software that enables users to trade, exchange, swap, compile, store, transmit and receive currency, including digital and crypto-currency, on a global computer network
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 05/30/2020 and first used in commerce at least as early as 10/28/2020 , and is now in use in such commerce.


Proposed:

Tracked Text Description: Design and development of computer hardware and software; Design and development of computer software; Computer services, namely, providing use of software applications through a website; providing information and consultancy services in the field of computer hardware and software design and development; providing information and consultancy services in the field of computer hardware and software; hosting an interactive website enabling users to view and access data and information related to foreign, domestic, electronic and cryptocurrencies and other digital assets; providing information and consultancy services relating to the design and development of computer hardware and software; design and development of software that enables users to compile and store currency, including digital and crypto-currency, on a global computer network; hosting an interactive website enabling users to view and access financial news, data and information related to foreign, domestic, electronic and cryptocurrencies and other digital assets; design and development of software that enables users to trade, exchange, swap, compile, store, transmit and receive currency, including digital and crypto-currency, on a global computer networkClass 042 for Design and development of computer software; providing information and consultancy services in the field of computer hardware and software design and development; hosting an interactive website enabling users to view and access data and information related to foreign, domestic, electronic and cryptocurrencies and other digital assets; design and development of software that enables users to compile and store currency, including digital and crypto-currency, on a global computer network
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 05/30/2020 and first used in commerce at least as early as 10/28/2020 , and is now in use in such commerce.

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

ADDITIONAL STATEMENTS
Significance of wording, letter(s), or numeral(s)
RAI appearing in the mark has no significance nor is it a term of art in the relevant trade or industry or as used in connection with the goods/services/collective membership organization listed in the application, or any geographical significance.

Correspondence Information (current):
      STUART SMOLEN
      PRIMARY EMAIL FOR CORRESPONDENCE: ssmolen@bsvlaw.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): gshapiro@bsvlaw.com

The docket/reference number is RFL100101US.
Correspondence Information (proposed):
      Stuart Smolen
      PRIMARY EMAIL FOR CORRESPONDENCE: ssmolen@bsvlaw.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

The docket/reference number is RFL100101US.

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: /Stuart Smolen/     Date: 10/12/2021
Signatory's Name: Stuart Smolen
Signatory's Position: Attorney of record, California Bar member

Signatory's Phone Number: 650-867-3751 Signature method: Signed directly within the form

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:    STUART SMOLEN
   BELCHER, SMOLEN & VAN LOO LLP
   
   ONE MARKET, SPEAR TOWER, 36TH FLOOR
   SAN FRANCISCO, California 94105
Mailing Address:    Stuart Smolen
   BELCHER, SMOLEN & VAN LOO LLP
   ONE MARKET, SPEAR TOWER, 36TH FLOOR
   SAN FRANCISCO, California 94105
        
Serial Number: 90537785
Internet Transmission Date: Tue Oct 12 14:09:54 ET 2021
TEAS Stamp: USPTO/ROA-XX.XXX.XX.XX-20211012140954005
395-90537785-7815440e4d55682386d69d1c6d2
626e8ee48797f03eabbb29e5ff5c76f3353-N/A-
N/A-20211012140541072877