TEAS Request Reconsideration after FOA

Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number. PTO Form 1960 (Rev 10/2011)

OMB No. 0651-0050 (Exp 09/20/2020)

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Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number. PTO Form 1960 (Rev 10/2011)

OMB No. 0651-0050 (Exp 09/20/2020)

Request for Reconsideration after Final Action

To the Commissioner for Trademarks:

Application serial no. 86828401 TIVI(Standard Characters, see http://uspto.report/TM/86828401/mark.png) has been amended as follows:

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

I modified the current listing of goods/services to limit its scope to "Computer game software for use on mobile and cellular phones". I removed goods/services related to software that allows a user to watch tv or video.

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 009 for Computer application software for mobile phones, namely, software for authoring, sharing, storing, organizing, editing, encoding and decoding audio, video and multimedia content; Computer game software for use on mobile and cellular phones; Downloadable multimedia file containing artwork, text, audio, video, games, and Internet Web links relating to sports, news, entertainment, and cultural activities; Downloadable software in the nature of a mobile application for authoring, sharing, storing, organizing, editing, encoding and decoding audio, video and multimedia content
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.

Proposed:
Tracked Text Description: Computer application software for mobile phones, namely, software for authoring, sharing, storing, organizing, editing, encoding and decoding audio, video and multimedia content; Computer game software for use on mobile and cellular phones.; Computer game software for use on mobile and cellular phones; Downloadable multimedia file containing artwork, text, audio, video, games, and Internet Web links relating to sports, news, entertainment, and cultural activities; Downloadable software in the nature of a mobile application for authoring, sharing, storing, organizing, editing, encoding and decoding audio, video and multimedia contentClass 009 for Computer game software for use on mobile and cellular phones.
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.

SIGNATURE(S)
Request for Reconsideration Signature
Signature: /Yi Li/     Date: 02/07/2018
Signatory's Name: Yi Li
Signatory's Position: Owner

Signatory's Phone Number: 617-4417992

The signatory has confirmed that he/she is not represented by either an authorized attorney or Canadian attorney/agent, and that he/she is either: (1) the owner/holder ; or (2) a person(s) with legal authority to bind the owner/holder; and if an authorized U.S. attorney or Canadian attorney/agent previously represented him/her in this matter, either he/she has filed a signed revocation of power of attorney with the USPTO or the USPTO has granted the request of his/her prior representative to withdraw.

The applicant is not filing a Notice of Appeal in conjunction with this Request for Reconsideration.

        
Serial Number: 86828401
Internet Transmission Date: Wed Feb 07 22:30:23 EST 2018
TEAS Stamp: USPTO/RFR-XXX.XX.XXX.XXX-201802072230233
91570-86828401-510416eeadf9c14d56d597fb3
5ec51742de1a9a2adf2ca62da4815f4f754a2046
-N/A-N/A-20180207215140593032