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. 86585447 DAYBREAK (Stylized and/or with Design, see http://tmng-al.gov.uspto.report/resting2/api/img/86585447/large) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant hereby deletes the following class of goods/services from the application.
Class 035 for Electronic retailing services via computers, Internet, and mobile networks in the field of games

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 038 for Providing on-line facilities for real-time interaction with other computer users concerning topics related to games and gaming; providing on-line facilities for real-time interaction with other computer users for playing 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 04/27/2015 and first used in commerce at least as early as 04/27/2015 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Providing on-line facilities for real-time interaction with other computer users concerning topics related to games and gaming; providing on-line facilities for real-time interaction with other computer users for playing games; providing on-line facilities for real-time interaction with other computer users who are playing gamesClass 038 for Providing on-line facilities for real-time interaction with other computer users concerning topics related to games and gaming; providing on-line facilities for real-time interaction with other computer users who are playing 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 04/27/2015 and first used in commerce at least as early as 04/27/2015 , 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 Entertainment services, namely, providing on-line and mobile computer games; entertainment services, namely, providing temporary use of non-downloadable computer games; entertainment services, namely, providing information relating to computer games and computer enhancements for 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 04/27/2015 and first used in commerce at least as early as 04/27/2015 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Entertainment services, namely, providing on-line and mobile computer games; Entertainment services, namely, providing on-line and mobile wireless computer games; entertainment services, namely, providing temporary use of non-downloadable computer games; entertainment services, namely, providing information relating to computer games and computer enhancements for gamesClass 041 for Entertainment services, namely, providing on-line and mobile wireless computer games; entertainment services, namely, providing temporary use of non-downloadable computer games; entertainment services, namely, providing information relating to computer games and computer enhancements for 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 04/27/2015 and first used in commerce at least as early as 04/27/2015 , and is now in use in such commerce.
ADDITIONAL STATEMENTS
Miscellaneous Statement
Applicant has deleted Class 35 from this application. Accordingly, Applicant requests that the citation of Serial No. 86455652 be removed, along with the 2(d) refusal based on Reg. No. 4096429.


SIGNATURE(S)
Response Signature
Signature: /monica b. richman/     Date: 10/09/2015
Signatory's Name: Monica B. Richman
Signatory's Position: Attorney of Record, New York bar member

Signatory's Phone Number: 212-768-5367

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: 86585447
Internet Transmission Date: Fri Oct 09 17:15:26 EDT 2015
TEAS Stamp: USPTO/ROA-XXX.XXX.XX.XXX-201510091715268
04923-86585447-540dac5fdbc922ef510b78071
cdcde760f2a544d2be1ed9a8bee299e669343b91
d2-N/A-N/A-20151009165322618085