Response to Office Action

PTO Form 1957 (Rev 9/2005)

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

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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. 86526355 SNAP (Stylized and/or with Design, see http://tmng-al.gov.uspto.report/resting2/api/img/86526355/large) has been amended as follows:

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

Please see the actual argument text attached within the Evidence section.

EVIDENCE
Evidence in the nature of Argument text for the Amendment and Response to Office Action with Exhibits A and B has been attached.
Original PDF file:
evi_38104128234-20150916170338663068_._Amendment_and_Response_to_Office_Action_SNAP_86526355.pdf
Converted PDF file(s) ( 11 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Evidence-6
Evidence-7
Evidence-8
Evidence-9
Evidence-10
Evidence-11
Original PDF file:
evi_38104128234-20150916170338663068_._Exh_A_Resp_OA_86526355_9.16.2015.pdf
Converted PDF file(s) ( 4 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Original PDF file:
evi_38104128234-20150916170338663068_._Exh_B_Resp_OA_86526355_9.16.2015.pdf
Converted PDF file(s) ( 3 pages)
Evidence-1
Evidence-2
Evidence-3

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant hereby deletes the following class of goods/services from the application.
Class 045 for Social networking services

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 038 for Telecommunication services, namely, electronic transmission of data, messages, graphics, images and information; providing access to computer, electronic and online databases; broadcasting services over computer or other communication networks, namely, uploading, posting, displaying, tagging and electronically transmitting data, information, messages, graphics and images; telecommunication services, namely, electronic transmission of data, photos, music and videos; broadcasting and streaming of audio-visual media content; transmission of downloadable audio-visual media content
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 01/27/2015 and first used in commerce at least as early as 01/27/2015 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Telecommunication services, namely, electronic transmission of data, messages, graphics, images and information; providing access to computer, electronic and online databases; broadcasting services over computer or other communication networks, namely, uploading, posting, displaying, tagging and electronically transmitting data, information, messages, graphics and images; broadcasting services over computer or other communication networks, namely, uploading, posting, displaying, tagging and electronically transmitting data, information, messages, graphics and images where the aforesaid content has been uploaded, posted and tagged by others; telecommunication services, namely, electronic transmission of data, photos, music and videos; broadcasting and streaming of audio-visual media content; transmission of downloadable audio-visual media contentClass 038 for Telecommunication services, namely, electronic transmission of data, messages, graphics, images and information; providing access to computer, electronic and online databases; broadcasting services over computer or other communication networks, namely, uploading, posting, displaying, tagging and electronically transmitting data, information, messages, graphics and images where the aforesaid content has been uploaded, posted and tagged by others; telecommunication services, namely, electronic transmission of data, photos, music and videos; broadcasting and streaming of audio-visual media content; transmission of downloadable audio-visual media content
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 01/27/2015 and first used in commerce at least as early as 01/27/2015 , 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 Providing online audio-visual entertainment information via a global computer network in the fields of motion pictures, television programming, videos, music videos and music; providing information via a global computer network in the field of entertainment; creation, development, production and distribution of entertainment content
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 01/27/2015 and first used in commerce at least as early as 01/27/2015 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Providing online audio-visual entertainment information via a global computer network in the fields of motion pictures, television programming, videos, music videos and music; providing information via a global computer network in the field of entertainment; creation, development, production and distribution of entertainment content; creation, development, production and distribution of entertainment content, namely, multimedia content, animations, video footage, text, still images, videos, and ongoing series featuring comedy, drama, musical entertainment, sports, health and wellness, and news broadcast online or distributed to mobile electronic devices.Class 041 for Providing online audio-visual entertainment information via a global computer network in the fields of motion pictures, television programming, videos, music videos and music; providing information via a global computer network in the field of entertainment; creation, development, production and distribution of entertainment content, namely, multimedia content, animations, video footage, text, still images, videos, and ongoing series featuring comedy, drama, musical entertainment, sports, health and wellness, and news broadcast online or distributed to mobile electronic devices.
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 01/27/2015 and first used in commerce at least as early as 01/27/2015 , and is now in use in such commerce.
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 042 for Hosting of digital content on the internet; hosting online facilities for others for managing and sharing online content; application service provider (ASP) services, namely, hosting computer software applications of others; application service provider (ASP) featuring software to enable or facilitate the uploading, downloading, streaming, posting, displaying, linking, sharing or otherwise providing electronic media or information over communication networks
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 01/27/2015 and first used in commerce at least as early as 01/27/2015 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Hosting of digital content on the internet; hosting online facilities for others for managing and sharing online content; hosting online web facilities for others for managing and sharing online content; application service provider (ASP) services, namely, hosting computer software applications of others; application service provider (ASP) featuring software to enable or facilitate the uploading, downloading, streaming, posting, displaying, linking, sharing or otherwise providing electronic media or information over communication networksClass 042 for Hosting of digital content on the internet; hosting online web facilities for others for managing and sharing online content; application service provider (ASP) services, namely, hosting computer software applications of others; application service provider (ASP) featuring software to enable or facilitate the uploading, downloading, streaming, posting, displaying, linking, sharing or otherwise providing electronic media or information over communication networks
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 01/27/2015 and first used in commerce at least as early as 01/27/2015 , and is now in use in such commerce.
SIGNATURE(S)
Response Signature
Signature: /Jill K. Tomlinson/     Date: 09/16/2015
Signatory's Name: Jill K. Tomlinson
Signatory's Position: Associate Attorney, Kilpatrick Townsend & Stockton LLP, New York Bar Member

Signatory's Phone Number: (212) 775-8700

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: 86526355
Internet Transmission Date: Wed Sep 16 17:17:52 EDT 2015
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XXX-201509161717528
59790-86526355-5401e1888ff16c8bd56f71e78
3f155703e8f13b6565fe371ad9533c5396438511
b-N/A-N/A-20150916170338663068