PTO Form 1957 (Rev 9/2005)
`
`OMB No. 0651-0050 (Exp. 07/31/2017)
`
`Response to Office Action
`
`Input Field
`
`SERIAL NUMBER
`
`LAW OFFICE ASSIGNED
`
`MARK SECTION
`
`MARK
`
`LITERAL ELEMENT
`
`STANDARD CHARACTERS
`
`USPTO-GENERATED IMAGE
`
`MARK STATEMENT
`
`The table below presents the data as entered.
`
`Entered
`
`86483123
`
`LAW OFFICE 113
`
`http://tsdr.uspto.gov/img/86483123/large
`
`APPLE PAY
`
`YES
`
`YES
`
`The mark consists of standard characters, without claim to any particular font style,
`size or color.
`
`GOODS AND/OR SERVICES SECTION (current)
`
`INTERNATIONAL CLASS
`
`DESCRIPTION
`
`009
`
`Computer software for use in connection with mobile payments; computer software for use in contactless transactions with retailers,
`merchants, and vendors via mobile devices; computer software for transmitting, processing, facilitating, verifying, and authenticating credit
`and debit card information and transaction and payment information; computer software for ensuring the security of mobile payments, of
`contactless transactions with retailers, merchants and vendors via mobile devices, and of credit and debit card information; computer software
`for the storage, transmission, verification, and authentication of credit and debit card and other payment and transaction information; computer
`software for use in connection with the electronic storage, transmission, presentation, verification, authentication, and redemption of coupons,
`rebates, discounts, incentives, and special offers; computer software for use in connection with consumer loyalty programs and loyalty cards
`
`FILING BASIS
`
`FILING BASIS
`
`(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160) FOREIGN APPLICATION NUMBER
`
`(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)FOREIGN APPLICATION COUNTRY
`
`(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160) FOREIGN FILING DATE
`
`GOODS AND/OR SERVICES SECTION (proposed)
`
`INTERNATIONAL CLASS
`
`TRACKED TEXT DESCRIPTION
`
`Section 1(b)
`
`Section 44(d)
`
`64975
`
`Jamaica
`
`06/19/2014
`
`009
`
`Computer software for use in connection with mobile payments; Computer software used to process mobile payments; computer software for
`use in contactless transactions with retailers, merchants, and vendors via mobile devices; computer software for use in contactless transactions
`with retailers, merchants, and vendors via mobile devices used to process mobile payments; computer software for transmitting, processing,
`facilitating, verifying, and authenticating credit and debit card information and transaction and payment information; computer software for
`ensuring the security of mobile payments, of contactless transactions with retailers, merchants and vendors via mobile devices, and of credit
`and debit card information; computer software for the storage, transmission, verification, and authentication of credit and debit card and other
`payment and transaction information; computer software for use in connection with the electronic storage, transmission, presentation,
`verification, authentication, and redemption of coupons, rebates, discounts, incentives, and special offers; computer software for use in
`connection with consumer loyalty programs and loyalty cards; computer software for use in connection with consumer loyalty programs and
`loyalty cards used to access and use loyalty points
`
`FINAL(cid:160)DESCRIPTION
`
`

`

`Computer software used to process mobile payments; computer software for use in contactless transactions with retailers, merchants, and
`vendors via mobile devices used to process mobile payments; computer software for transmitting, processing, facilitating, verifying, and
`authenticating credit and debit card information and transaction and payment information; computer software for ensuring the security of
`mobile payments, of contactless transactions with retailers, merchants and vendors via mobile devices, and of credit and debit card
`information; computer software for the storage, transmission, verification, and authentication of credit and debit card and other payment and
`transaction information; computer software for use in connection with the electronic storage, transmission, presentation, verification,
`authentication, and redemption of coupons, rebates, discounts, incentives, and special offers; computer software for use in connection with
`consumer loyalty programs and loyalty cards used to access and use loyalty points
`
`FILING BASIS
`
`FILING BASIS
`
`(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)FOREIGN APPLICATION NUMBER
`
`(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)FOREIGN APPLICATION COUNTRY
`
`(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)FOREIGN FILING DATE
`
`ADDITIONAL STATEMENTS SECTION
`
`DISCLAIMER
`
`SIGNATURE SECTION
`
`RESPONSE SIGNATURE
`
`SIGNATORY'S NAME
`
`SIGNATORY'S POSITION
`
`SIGNATORY'S PHONE NUMBER
`
`DATE SIGNED
`
`AUTHORIZED SIGNATORY
`
`FILING INFORMATION SECTION
`
`SUBMIT DATE
`
`TEAS STAMP
`
`Section 1(b)
`
`Section 44(d)
`
`64975
`
`Jamaica
`
`06/19/2014
`
`No claim is made to the exclusive right to use PAY apart from the mark as shown.
`
`/Thomas R. La Perle/
`
`Thomas R. La Perle
`
`Attorney of record, California bar member
`
`408-974-2385
`
`02/08/2015
`
`YES
`
`Sun Feb 08 14:10:56 EST 2015
`
`USPTO/ROA-XX.XXX.XXX.X-20
`150208141056868184-864831
`23-5309e358c7d36239aaacab
`95f1c88b0ac2b16ec4a594751
`a182cc884a95644ceb24-N/A-
`N/A-20150208140110985718
`
`PTO Form 1957 (Rev 9/2005)
`
`OMB No. 0651-0050 (Exp. 07/31/2017)
`
`To the Commissioner for Trademarks:
`
`Response to Office Action
`
`Application serial no. 86483123(cid:160)APPLE PAY(Standard Characters, see http://tsdr.uspto.gov/img/86483123/large) has been amended as follows:
`
`CLASSIFICATION AND LISTING OF GOODS/SERVICES
`Applicant proposes to amend the following class of goods/services in the application:
`Current: Class 009 for Computer software for use in connection with mobile payments; computer software for use in contactless transactions
`with retailers, merchants, and vendors via mobile devices; computer software for transmitting, processing, facilitating, verifying, and
`authenticating credit and debit card information and transaction and payment information; computer software for ensuring the security of mobile
`payments, of contactless transactions with retailers, merchants and vendors via mobile devices, and of credit and debit card information;
`computer software for the storage, transmission, verification, and authentication of credit and debit card and other payment and transaction
`
`

`

`information; computer software for use in connection with the electronic storage, transmission, presentation, verification, authentication, and
`redemption of coupons, rebates, discounts, incentives, and special offers; computer software for use in connection with consumer loyalty
`programs and loyalty cards
`Original Filing Basis:
`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.
`
`Filing Basis: Section 44(d), Priority based on foreign filing: 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, and
`asserts a claim of priority based upon a foreign 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, and asserts a
`claim of priority based upon a foreign application. For a certification 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 authorized users in
`connection with the identified goods/services, 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 or services that meet the certification
`standards of the applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on[ Jamaica
`application number 64975 filed 06/19/2014]. 15 U.S.C.Section 1126(d), as amended.
`
`Proposed:
`Tracked Text Description: Computer software for use in connection with mobile payments; Computer software used to process mobile
`payments; computer software for use in contactless transactions with retailers, merchants, and vendors via mobile devices; computer software for
`use in contactless transactions with retailers, merchants, and vendors via mobile devices used to process mobile payments; computer software for
`transmitting, processing, facilitating, verifying, and authenticating credit and debit card information and transaction and payment information;
`computer software for ensuring the security of mobile payments, of contactless transactions with retailers, merchants and vendors via mobile
`devices, and of credit and debit card information; computer software for the storage, transmission, verification, and authentication of credit and
`debit card and other payment and transaction information; computer software for use in connection with the electronic storage, transmission,
`presentation, verification, authentication, and redemption of coupons, rebates, discounts, incentives, and special offers; computer software for
`use in connection with consumer loyalty programs and loyalty cards; computer software for use in connection with consumer loyalty programs
`and loyalty cards used to access and use loyalty points
`
`Class 009 for Computer software used to process mobile payments; computer software for use in contactless transactions with retailers,
`merchants, and vendors via mobile devices used to process mobile payments; computer software for transmitting, processing, facilitating,
`verifying, and authenticating credit and debit card information and transaction and payment information; computer software for ensuring the
`security of mobile payments, of contactless transactions with retailers, merchants and vendors via mobile devices, and of credit and debit card
`information; computer software for the storage, transmission, verification, and authentication of credit and debit card and other payment and
`transaction information; computer software for use in connection with the electronic storage, transmission, presentation, verification,
`authentication, and redemption of coupons, rebates, discounts, incentives, and special offers; computer software for use in connection with
`consumer loyalty programs and loyalty cards used to access and use loyalty points
`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.
`
`Filing Basis: Section 44(d), Priority based on foreign filing: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, and
`asserts a claim of priority based upon a foreign 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, and asserts a
`
`

`

`claim of priority based upon a foreign application. For a certification 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 authorized users in
`connection with the identified goods/services, 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 or services that meet the certification
`standards of the applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on [ Jamaica
`application number 64975 filed 06/19/2014]. 15 U.S.C.Section 1126(d), as amended.
`
`ADDITIONAL STATEMENTS
`Disclaimer
`No claim is made to the exclusive right to use PAY apart from the mark as shown.
`
`SIGNATURE(S)
`Response Signature
`Signature: /Thomas R. La Perle/(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)Date: 02/08/2015
`Signatory's Name: Thomas R. La Perle
`Signatory's Position: Attorney of record, California bar member
`
`Signatory's Phone Number: 408-974-2385
`
`The signatory has confirmed that he/she is an attorney who is a member in good standing of the bar of the highest court of a U.S. state, which
`includes the District of Columbia, Puerto Rico, and other federal territories and possessions; and he/she is currently the applicant's attorney or an
`associate thereof; and to the best of his/her knowledge, if prior to his/her appointment another U.S. attorney or a Canadian attorney/agent not
`currently associated with his/her company/firm previously represented the applicant in this matter: (1) the applicant has filed or is concurrently
`filing a signed revocation of or substitute power of attorney with the USPTO; (2) the USPTO has granted the request of the prior representative to
`withdraw; (3) the applicant has filed a power of attorney appointing him/her in this matter; or (4) the applicant's appointed U.S. attorney or
`Canadian attorney/agent has filed a power of attorney appointing him/her as an associate attorney in this matter.
`
`Serial Number: 86483123
`Internet Transmission Date: Sun Feb 08 14:10:56 EST 2015
`TEAS Stamp: USPTO/ROA-XX.XXX.XXX.X-20150208141056868
`184-86483123-5309e358c7d36239aaacab95f1c
`88b0ac2b16ec4a594751a182cc884a95644ceb24
`-N/A-N/A-20150208140110985718
`
`(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)
`