Response to Office Action

KONAMI

KONAMI HOLDINGS CORPORATION

Response to Office Action

PTO Form 1957 (Rev 9/2005)
OMB No. 0651-0050 (Exp. 07/31/2017)

Response to Office Action


The table below presents the data as entered.

Input Field
Entered
SERIAL NUMBER 86493543
LAW OFFICE ASSIGNED LAW OFFICE 105
MARK SECTION
MARK http://tmng-al.gov.uspto.report/resting2/api/img/86493543/large
LITERAL ELEMENT KONAMI
STANDARD CHARACTERS YES
USPTO-GENERATED IMAGE YES
MARK STATEMENT The mark consists of standard characters, without claim to any particular font style, size or color.
GOODS AND/OR SERVICES SECTION (009)(current)
INTERNATIONAL CLASS 009
DESCRIPTION
Video game programs; Video game software; Computer game programs; Computer game software; Electronic game programs; Electronic game software; Downloadable computer and electronic game programs; Magnetic coded cards for playing computer or electronic games, cards with integrated circuits and optical memory cards for recording information in relation to players, scores and progress condition of arcade video game and other information in relation to play game; Downloadable music files, downloadable sound files, and downloadable image files containing photographic images and artwork, and text, and anime drawing; Video, music and sound recordings; Downloadable electronic publications namely, article in the field of electronic games, computer game, card games, game rulebook, game manual, manga, comic; Cellular phone straps; Headphones; Integrated circuit card for arcade game machine in amusement arcades; Computer video game peripheral, wireless mat controllers; Computer peripheral devices; Cell phone cases and covers
FILING BASIS Section 1(a)
        FIRST USE ANYWHERE DATE At least as early as 01/03/1985
        FIRST USE IN COMMERCE DATE At least as early as 01/15/1985
GOODS AND/OR SERVICES SECTION (009)(proposed)
INTERNATIONAL CLASS 009
TRACKED TEXT DESCRIPTION
Video game programs; Video game software; Computer game programs; Computer game software; Electronic game programs; Electronic game software; Downloadable computer and electronic game programs; Magnetic coded cards for playing computer or electronic games, cards with integrated circuits and optical memory cards for recording information in relation to players, scores and progress condition of arcade video game and other information in relation to play game; Downloadable music files, downloadable sound files, and downloadable image files containing photographic images and artwork, and text, and anime drawing; Video, music and sound recordings; Video, music and sound recordings featuring video game instruction, video game sound tracks; Downloadable electronic publications namely, article in the field of electronic games, computer game, card games, game rulebook, game manual, manga, comic; Downloadable electronic publications namely, articles in the field of electronic games, computer game, card games, game rulebook, game manual, manga, comic; Cellular phone straps; Headphones; Integrated circuit card for arcade game machine in amusement arcades; Computer video game peripheral, wireless mat controllers; Computer peripheral devices; Cell phone cases and covers
FINAL DESCRIPTION
Video game programs; Video game software; Computer game programs; Computer game software; Electronic game programs; Electronic game software; Downloadable computer and electronic game programs; Magnetic coded cards for playing computer or electronic games, cards with integrated circuits and optical memory cards for recording information in relation to players, scores and progress condition of arcade video game and other information in relation to play game; Downloadable music files, downloadable sound files, and downloadable image files containing photographic images and artwork, and text, and anime drawing; Video, music and sound recordings featuring video game instruction, video game sound tracks; Downloadable electronic publications namely, articles in the field of electronic games, computer game, card games, game rulebook, game manual, manga, comic; Cellular phone straps; Headphones; Integrated circuit card for arcade game machine in amusement arcades; Computer peripheral devices; Cell phone cases and covers
FILING BASIS Section 1(a)
       FIRST USE ANYWHERE DATE At least as early as 01/03/1985
       FIRST USE IN COMMERCE DATE At least as early as 01/15/1985
GOODS AND/OR SERVICES SECTION (016)(current)
INTERNATIONAL CLASS 016
DESCRIPTION
Trading cards; Posters; Calendars; Protective cases or holders for trading cards or playing cards; Card files; Strategy guide books in the field of computer games
FILING BASIS Section 1(a)
        FIRST USE ANYWHERE DATE At least as early as 09/01/1997
        FIRST USE IN COMMERCE DATE At least as early as 09/01/1997
GOODS AND/OR SERVICES SECTION (016)(proposed)
INTERNATIONAL CLASS 016
TRACKED TEXT DESCRIPTION
Trading cards; Posters; Calendars; Protective cases or holders for trading cards or playing cards; Protective cases or holders for trading cards; Card files; Strategy guide books in the field of computer games
FINAL DESCRIPTION
Trading cards; Posters; Calendars; Protective cases or holders for trading cards; Card files; Strategy guide books in the field of computer games
FILING BASIS Section 1(a)
       FIRST USE ANYWHERE DATE At least as early as 09/01/1997
       FIRST USE IN COMMERCE DATE At least as early as 09/01/1997
GOODS AND/OR SERVICES SECTION (028)(current)
INTERNATIONAL CLASS 028
DESCRIPTION
Arcade game machines and their peripherals; Arcade games; Arcade video game machines; Coin-operated amusement machines and their peripherals; Electronic gaming machines, namely, devices which accept a wager; Gaming devices, namely, gaming machines, slot machines, bingo machines, with or without video output; Gaming equipment, namely, slot machines with or without video output; Gaming machines featuring a device that accepts wagers; Gaming machines for gambling; Gaming machines that generate or display wager outcomes; Gaming machines, namely slot machines and video lottery terminals; Gaming machines, namely, devices which accept a wager; Gaming machines, namely, electronic slot and bingo machines; Machines for playing games of chance; Reconfigurable casino and lottery gaming equipment, namely, gaming machines and operational computer game software therefor sold as a unit; Slot machines; Card games; Trading card games; Playing cards; Action figures; Dolls; Play mats for use with card games
FILING BASIS Section 1(a)
        FIRST USE ANYWHERE DATE At least as early as 03/00/1981
        FIRST USE IN COMMERCE DATE At least as early as 05/00/1981
GOODS AND/OR SERVICES SECTION (028)(proposed)
INTERNATIONAL CLASS 028
TRACKED TEXT DESCRIPTION
Arcade game machines and their peripherals; Arcade games; Arcade video game machines; Coin-operated amusement machines and their peripherals; Electronic gaming machines, namely, devices which accept a wager; Gaming devices, namely, gaming machines, slot machines, bingo machines, with or without video output; Gaming equipment, namely, slot machines with or without video output; Gaming machines featuring a device that accepts wagers; Gaming machines for gambling; Gaming machines that generate or display wager outcomes; Gaming machines, namely slot machines and video lottery terminals; Gaming machines, namely, devices which accept a wager; Gaming machines, namely, electronic slot and bingo machines; Machines for playing games of chance; Reconfigurable casino and lottery gaming equipment, namely, gaming machines and operational computer game software therefor sold as a unit; Slot machines; Card games; Trading card games; Playing cards; Action figures; Dolls; Play mats for use with card games; Computer video game peripheral, namely wireless mat controllers; Protective cases or holders for playing cards
FINAL DESCRIPTION
Arcade game machines and their peripherals; Arcade games; Arcade video game machines; Coin-operated amusement machines and their peripherals; Electronic gaming machines, namely, devices which accept a wager; Gaming devices, namely, gaming machines, slot machines, bingo machines, with or without video output; Gaming equipment, namely, slot machines with or without video output; Gaming machines featuring a device that accepts wagers; Gaming machines for gambling; Gaming machines that generate or display wager outcomes; Gaming machines, namely slot machines and video lottery terminals; Gaming machines, namely, devices which accept a wager; Gaming machines, namely, electronic slot and bingo machines; Machines for playing games of chance; Reconfigurable casino and lottery gaming equipment, namely, gaming machines and operational computer game software therefor sold as a unit; Slot machines; Card games; Trading card games; Playing cards; Action figures; Dolls; Play mats for use with card games; Computer video game peripheral, namely wireless mat controllers; Protective cases or holders for playing cards
FILING BASIS Section 1(a)
       FIRST USE ANYWHERE DATE At least as early as 03/00/1981
       FIRST USE IN COMMERCE DATE At least as early as 05/00/1981
GOODS AND/OR SERVICES SECTION (041)(current)
INTERNATIONAL CLASS 041
DESCRIPTION
Entertainment services, namely providing online computer games accessible via arcade game machines, video game consoles, handheld game consoles, wireless devices, mobile phones and computers; Providing online computer games; Providing online entertainment services to arcade game machines; Providing information to game players about the ranking of their scores of games through the internet; Providing information, images, music and sound regarding games; Publishing of electronic publications; Arranging, organizing and conducting card or electronic game tournaments
FILING BASIS Section 1(a)
        FIRST USE ANYWHERE DATE At least as early as 10/00/2002
        FIRST USE IN COMMERCE DATE At least as early as 10/00/2002
GOODS AND/OR SERVICES SECTION (041)(proposed)
INTERNATIONAL CLASS 041
TRACKED TEXT DESCRIPTION
Entertainment services, namely providing online computer games accessible via arcade game machines, video game consoles, handheld game consoles, wireless devices, mobile phones and computers; Providing online computer games; Providing online entertainment services to arcade game machines; Providing information to game players about the ranking of their scores of games through the internet; Providing information, images, music and sound regarding games; Providing information, images, music and sound in the field of video, computer, electronic, card, and trading card games; Publishing of electronic publications; Arranging, organizing and conducting card or electronic game tournaments
FINAL DESCRIPTION
Entertainment services, namely providing online computer games accessible via arcade game machines, video game consoles, handheld game consoles, wireless devices, mobile phones and computers; Providing online computer games; Providing online entertainment services to arcade game machines; Providing information to game players about the ranking of their scores of games through the internet; Providing information, images, music and sound in the field of video, computer, electronic, card, and trading card games; Publishing of electronic publications; Arranging, organizing and conducting card or electronic game tournaments
FILING BASIS Section 1(a)
       FIRST USE ANYWHERE DATE At least as early as 10/00/2002
       FIRST USE IN COMMERCE DATE At least as early as 10/00/2002
SIGNATURE SECTION
RESPONSE SIGNATURE /Jeffrey H. Kaufman/
SIGNATORY'S NAME Jeffrey H. Kaufman
SIGNATORY'S POSITION Attorney of Record, VA State Bar Member
SIGNATORY'S PHONE NUMBER 703-413-3000
DATE SIGNED 08/28/2015
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Fri Aug 28 17:04:37 EDT 2015
TEAS STAMP USPTO/ROA-XXX.XXX.XXX.X-2
0150828170437535902-86493
543-540c92b57819fd8bea8bb
7e395c87ebea33f22e4ceb942
2cad748975687bd6121f-N/A-
N/A-20150828165825358963



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. 86493543 KONAMI(Standard Characters, see http://tmng-al.gov.uspto.report/resting2/api/img/86493543/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 Video game programs; Video game software; Computer game programs; Computer game software; Electronic game programs; Electronic game software; Downloadable computer and electronic game programs; Magnetic coded cards for playing computer or electronic games, cards with integrated circuits and optical memory cards for recording information in relation to players, scores and progress condition of arcade video game and other information in relation to play game; Downloadable music files, downloadable sound files, and downloadable image files containing photographic images and artwork, and text, and anime drawing; Video, music and sound recordings; Downloadable electronic publications namely, article in the field of electronic games, computer game, card games, game rulebook, game manual, manga, comic; Cellular phone straps; Headphones; Integrated circuit card for arcade game machine in amusement arcades; Computer video game peripheral, wireless mat controllers; Computer peripheral devices; Cell phone cases and covers
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 01/03/1985 and first used in commerce at least as early as 01/15/1985 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Video game programs; Video game software; Computer game programs; Computer game software; Electronic game programs; Electronic game software; Downloadable computer and electronic game programs; Magnetic coded cards for playing computer or electronic games, cards with integrated circuits and optical memory cards for recording information in relation to players, scores and progress condition of arcade video game and other information in relation to play game; Downloadable music files, downloadable sound files, and downloadable image files containing photographic images and artwork, and text, and anime drawing; Video, music and sound recordings; Video, music and sound recordings featuring video game instruction, video game sound tracks; Downloadable electronic publications namely, article in the field of electronic games, computer game, card games, game rulebook, game manual, manga, comic; Downloadable electronic publications namely, articles in the field of electronic games, computer game, card games, game rulebook, game manual, manga, comic; Cellular phone straps; Headphones; Integrated circuit card for arcade game machine in amusement arcades; Computer video game peripheral, wireless mat controllers; Computer peripheral devices; Cell phone cases and coversClass 009 for Video game programs; Video game software; Computer game programs; Computer game software; Electronic game programs; Electronic game software; Downloadable computer and electronic game programs; Magnetic coded cards for playing computer or electronic games, cards with integrated circuits and optical memory cards for recording information in relation to players, scores and progress condition of arcade video game and other information in relation to play game; Downloadable music files, downloadable sound files, and downloadable image files containing photographic images and artwork, and text, and anime drawing; Video, music and sound recordings featuring video game instruction, video game sound tracks; Downloadable electronic publications namely, articles in the field of electronic games, computer game, card games, game rulebook, game manual, manga, comic; Cellular phone straps; Headphones; Integrated circuit card for arcade game machine in amusement arcades; Computer peripheral devices; Cell phone cases and covers
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 01/03/1985 and first used in commerce at least as early as 01/15/1985 , and is now in use in such commerce.
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 016 for Trading cards; Posters; Calendars; Protective cases or holders for trading cards or playing cards; Card files; Strategy guide books in the field of computer games
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 09/01/1997 and first used in commerce at least as early as 09/01/1997 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Trading cards; Posters; Calendars; Protective cases or holders for trading cards or playing cards; Protective cases or holders for trading cards; Card files; Strategy guide books in the field of computer gamesClass 016 for Trading cards; Posters; Calendars; Protective cases or holders for trading cards; Card files; Strategy guide books in the field of computer games
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 09/01/1997 and first used in commerce at least as early as 09/01/1997 , and is now in use in such commerce.
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 028 for Arcade game machines and their peripherals; Arcade games; Arcade video game machines; Coin-operated amusement machines and their peripherals; Electronic gaming machines, namely, devices which accept a wager; Gaming devices, namely, gaming machines, slot machines, bingo machines, with or without video output; Gaming equipment, namely, slot machines with or without video output; Gaming machines featuring a device that accepts wagers; Gaming machines for gambling; Gaming machines that generate or display wager outcomes; Gaming machines, namely slot machines and video lottery terminals; Gaming machines, namely, devices which accept a wager; Gaming machines, namely, electronic slot and bingo machines; Machines for playing games of chance; Reconfigurable casino and lottery gaming equipment, namely, gaming machines and operational computer game software therefor sold as a unit; Slot machines; Card games; Trading card games; Playing cards; Action figures; Dolls; Play mats for use with card games
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 03/00/1981 and first used in commerce at least as early as 05/00/1981 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Arcade game machines and their peripherals; Arcade games; Arcade video game machines; Coin-operated amusement machines and their peripherals; Electronic gaming machines, namely, devices which accept a wager; Gaming devices, namely, gaming machines, slot machines, bingo machines, with or without video output; Gaming equipment, namely, slot machines with or without video output; Gaming machines featuring a device that accepts wagers; Gaming machines for gambling; Gaming machines that generate or display wager outcomes; Gaming machines, namely slot machines and video lottery terminals; Gaming machines, namely, devices which accept a wager; Gaming machines, namely, electronic slot and bingo machines; Machines for playing games of chance; Reconfigurable casino and lottery gaming equipment, namely, gaming machines and operational computer game software therefor sold as a unit; Slot machines; Card games; Trading card games; Playing cards; Action figures; Dolls; Play mats for use with card games; Computer video game peripheral, namely wireless mat controllers; Protective cases or holders for playing cardsClass 028 for Arcade game machines and their peripherals; Arcade games; Arcade video game machines; Coin-operated amusement machines and their peripherals; Electronic gaming machines, namely, devices which accept a wager; Gaming devices, namely, gaming machines, slot machines, bingo machines, with or without video output; Gaming equipment, namely, slot machines with or without video output; Gaming machines featuring a device that accepts wagers; Gaming machines for gambling; Gaming machines that generate or display wager outcomes; Gaming machines, namely slot machines and video lottery terminals; Gaming machines, namely, devices which accept a wager; Gaming machines, namely, electronic slot and bingo machines; Machines for playing games of chance; Reconfigurable casino and lottery gaming equipment, namely, gaming machines and operational computer game software therefor sold as a unit; Slot machines; Card games; Trading card games; Playing cards; Action figures; Dolls; Play mats for use with card games; Computer video game peripheral, namely wireless mat controllers; Protective cases or holders for playing cards
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 03/00/1981 and first used in commerce at least as early as 05/00/1981 , and is now in use in such commerce.
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 041 for Entertainment services, namely providing online computer games accessible via arcade game machines, video game consoles, handheld game consoles, wireless devices, mobile phones and computers; Providing online computer games; Providing online entertainment services to arcade game machines; Providing information to game players about the ranking of their scores of games through the internet; Providing information, images, music and sound regarding games; Publishing of electronic publications; Arranging, organizing and conducting card or electronic game tournaments
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 10/00/2002 and first used in commerce at least as early as 10/00/2002 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Entertainment services, namely providing online computer games accessible via arcade game machines, video game consoles, handheld game consoles, wireless devices, mobile phones and computers; Providing online computer games; Providing online entertainment services to arcade game machines; Providing information to game players about the ranking of their scores of games through the internet; Providing information, images, music and sound regarding games; Providing information, images, music and sound in the field of video, computer, electronic, card, and trading card games; Publishing of electronic publications; Arranging, organizing and conducting card or electronic game tournamentsClass 041 for Entertainment services, namely providing online computer games accessible via arcade game machines, video game consoles, handheld game consoles, wireless devices, mobile phones and computers; Providing online computer games; Providing online entertainment services to arcade game machines; Providing information to game players about the ranking of their scores of games through the internet; Providing information, images, music and sound in the field of video, computer, electronic, card, and trading card games; Publishing of electronic publications; Arranging, organizing and conducting card or electronic game tournaments
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 10/00/2002 and first used in commerce at least as early as 10/00/2002 , and is now in use in such commerce.
SIGNATURE(S)
Response Signature
Signature: /Jeffrey H. Kaufman/     Date: 08/28/2015
Signatory's Name: Jeffrey H. Kaufman
Signatory's Position: Attorney of Record, VA State Bar Member

Signatory's Phone Number: 703-413-3000

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 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. attorney or a Canadian attorney/agent not currently associated with his/her company/firm previously represented the owner/holder in this matter: (1) the owner/holder 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 owner/holder has filed a power of attorney appointing him/her in this matter; or (4) the owner's/holder'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: 86493543
Internet Transmission Date: Fri Aug 28 17:04:37 EDT 2015
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.X-2015082817043753
5902-86493543-540c92b57819fd8bea8bb7e395
c87ebea33f22e4ceb9422cad748975687bd6121f
-N/A-N/A-20150828165825358963



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