| 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
The table below presents the data as entered.
| 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.
90872593 BYBIT (Stylized and/or with Design, see http://tmng-al.uspto.gov /resting2/api/img/9087259 3/large) has been amended as follows:
ARGUMENT(S)
In response to the substantive refusal(s), please note the following:
This is in response to the Office action issued May 11, 2022 initially refusing registration of Applicant?s mark. Applicant respectfully requests that the instant application be suspended pending
abandonment or registration of the cited prior-filed application (App. Ser. No. 90570413). Applicant reserves the right to submit argument against the potential 2(d) refusal at a later time if the
cited prior pending application should register.
CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following:
Current:
Class 036 for providing financial information via a web site; exchanging money; financial services; financial management; financial analysis; providing financial information; business liquidation
services, financial; electronic funds transfer; currency trading; money transfer services; online real-time currency trading; financial analysis and research services; financial asset management;
financial exchanges; financial management by the internet; financial data analysis; e-wallet payment services
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: The applicant believes the applicant is entitled to use the mark in commerce on or in
connection with the goods or services specified in the application; the applicant has a bona fide intention to use the mark in commerce and had a bona fide intention to use the mark in commerce as of
the application filing date.
For a collective trademark, collective service mark, collective membership mark, or certification mark application: The applicant has a bona fide intention,
and is entitled, to exercise legitimate control over the use of the mark in commerce and had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in
commerce as of the application filing date.
For a certification mark application: 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 financial information via a web site;
Exchanging money;
financial
services;
Financial services, namely, financial risk assessment services and financial consultancy services relating to cryptocurrency;
Financial management;
Financial analysis;
Providing financial information;
Business liquidation services,
financial;
Electronic funds transfer;
Currency trading;
Money transfer services;
Online
real-time currency trading;
Financial analysis and research services;
Financial asset management;
Financial
exchanges;
financial management by the internet;
Financial management via the internet;
Financial data analysis;
e-wallet payment services;
Bill payment services provided via an electronic
wallet;
all of the aforesaid services in relation to cryptocurrencies and not in relation to any insurance for motor vehiclesClass 036 for Providing
financial information via a web site; Exchanging money; Financial services, namely, financial risk assessment services and financial consultancy services relating to cryptocurrency; Financial
management; Financial analysis; Providing financial information; Business liquidation services, financial; Electronic funds transfer; Currency trading; Money transfer services; Online real-time
currency trading; Financial analysis and research services; Financial asset management; Financial exchanges; Financial management via the internet; Financial data analysis; Bill payment services
provided via an electronic wallet; all of the aforesaid services in relation to cryptocurrencies and not in relation to any insurance for motor vehicles
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: The applicant believes the applicant is entitled to use the mark in commerce on or in
connection with the goods or services specified in the application; the applicant has a bona fide intention to use the mark in commerce and had a bona fide intention to use the mark in commerce as of
the application filing date.
For a collective trademark, collective service mark, collective membership mark, or certification mark application: The applicant has a bona fide intention,
and is entitled, to exercise legitimate control over the use of the mark in commerce and had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in
commerce as of the application filing date.
For a certification mark application: 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 041 for instruction services; arranging and conducting of training workshops; arranging and conducting of symposiums; arranging and conducting business conferences; on-line publication of
electronic books and journals; providing on-line electronic publications, namely, blogs
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: The applicant believes the applicant is entitled to use the mark in commerce on or in
connection with the goods or services specified in the application; the applicant has a bona fide intention to use the mark in commerce and had a bona fide intention to use the mark in commerce as of
the application filing date.
For a collective trademark, collective service mark, collective membership mark, or certification mark application: The applicant has a bona fide intention,
and is entitled, to exercise legitimate control over the use of the mark in commerce and had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in
commerce as of the application filing date.
For a certification mark application: 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: instruction services;
Providing financial instruction seminars;
arranging and conducting of training workshops;
Arranging and conducting of training workshops, symposiums, and business conferences in the field of
cryptocurrency;
arranging and conducting of symposiums;
Publication of on-line electronic books and journals;
arranging and conducting business conferences;
Providing on-line non-downloadable publications in the nature of blogs in the
field of cryptocurrency;
on-line publication of electronic books and journals;
providing on-line electronic publications,
namely, blogsClass 041 for Providing financial instruction seminars; Arranging and conducting of training workshops, symposiums, and business conferences in the field of cryptocurrency;
Publication of on-line electronic books and journals; Providing on-line non-downloadable publications in the nature of blogs in the field of cryptocurrency
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: The applicant believes the applicant is entitled to use the mark in commerce on or in
connection with the goods or services specified in the application; the applicant has a bona fide intention to use the mark in commerce and had a bona fide intention to use the mark in commerce as of
the application filing date.
For a collective trademark, collective service mark, collective membership mark, or certification mark application: The applicant has a bona fide intention,
and is entitled, to exercise legitimate control over the use of the mark in commerce and had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in
commerce as of the application filing date.
For a certification mark application: 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
ADDITIONAL STATEMENTS
Description of mark
The mark consists of a rectangle with the word "BYBIT" centered inside the rectangle. The letter "I" appears in superscript.
Correspondence Information (current):
CHRISTINA D. FRANGIOSA
PRIMARY EMAIL FOR CORRESPONDENCE: ipdocket@eckertseamans.com
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): cfrangiosa@eckertseamans.com; jtorres@eckertseamans.com; lcolflesh@eckertseamans.com
The docket/reference number is 316592-00004.
Correspondence Information (proposed):
Christina D. Frangiosa
PRIMARY EMAIL FOR CORRESPONDENCE: ipdocket@eckertseamans.com
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): cfrangiosa@eckertseamans.com; jtorres@eckertseamans.com; lcolflesh@eckertseamans.com
The docket/reference number is 316592-00004.
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: /Jenna P. Torres/ Date: 10/18/2022
Signatory's Name: Jenna P. Torres
Signatory's Position: Attorney of Record, PA Bar Member
Signatory's Phone Number: 215-851-8408 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: CHRISTINA D. FRANGIOSA
ECKERT SEAMANS CHERIN & MELLOTT, LLC
TWO LIBERTY PLACE, 22ND FLOOR
50 SOUTH 16TH STREET
PHILADELPHIA, Pennsylvania 19102-2516
Mailing Address: Christina D. Frangiosa
ECKERT SEAMANS CHERIN & MELLOTT, LLC
TWO LIBERTY PLACE, 22ND FLOOR
50 SOUTH 16TH STREET
PHILADELPHIA, Pennsylvania 19102-2516
Serial Number: 90872593
Internet Transmission Date: Tue Oct 18 13:14:07 ET 2022
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.XX-202210181314079
23986-90872593-80067226acba3811e7e12733d
6b3ca4b9f83b3548b1df79b9ec3e659efd027ba-
N/A-N/A-20221018125018777988