Response to Office Action

PTO Form 1957 (Rev 9/2005)

OMB No. 0651-0050 (Exp. 07/31/2017)

---

PTO Form 1957 (Rev 9/2005)

OMB No. 0651-0050 (Exp. 07/31/2017)

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 86161330 LEGION(Standard Characters, see http://uspto.report/TM/86161330/mark.png) has been amended as follows:

ARGUMENT(S)
In response to the substantive refusal(s), please note the following:

In response to the Examining Attorney's comments, Applicant has modified the description of services to clarify the description for Class 41 services.

In addition, the Examining Attorney cited the prior pending Application Serial No. 85137056 for a potential likelihood of confusion with Applicant's mark.  A Notice of Abandonment has been issued for the cited application and thus there is no longer any potential likelihood of confusion refusal based on Application Serial No. 85137056.

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 041 for Entertainment services, namely preparation of computer-generated imagery, computer-generated graphics and computer animation for others; production and distribution of motion pictures, television programs and internet-based programs
Original Filing Basis:
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 02/28/2013 and first used in commerce at least as early as 07/14/2013 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Entertainment services, namely preparation of computer-generated imagery, computer-generated graphics and computer animation for others; Entertainment services, namely, production of computer-generated imagery and computer-generated graphics; production and distribution of motion pictures, television programs and internet-based programsClass 041 for Entertainment services, namely, production of computer-generated imagery and computer-generated graphics; production and distribution of motion pictures, television programs and internet-based programs
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 02/28/2013 and first used in commerce at least as early as 07/14/2013 , and is now in use in such commerce.
SIGNATURE(S)
Response Signature
Signature: /Shauna M. Wetheim/     Date: 08/22/2014
Signatory's Name: Shauna M. Wertheim
Signatory's Position: Attorney of record, Virginia State Bar Member

Signatory's Phone Number: 703-391-2900

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: 86161330
Internet Transmission Date: Fri Aug 22 15:01:13 EDT 2014
TEAS Stamp: USPTO/ROA-XX.XX.XX.XXX-20140822150113759
323-86161330-50043448b32225b3b30ecc766a2
2e1b1652b69a14dc64d8df4e6facb4712e74bfe-
N/A-N/A-20140822144909991208