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 1957 (Rev 10/2011) |
| OMB No. 0651-0050 (Exp 09/20/2020) |
Response to Office Action
The table below presents the data as entered.
Input Field
|
Entered
|
| SERIAL NUMBER |
87732781 |
| LAW OFFICE ASSIGNED |
LAW OFFICE 101 |
| MARK SECTION |
| MARK FILE NAME |
http://uspto.report/TM/87732781/mark.png |
| LITERAL ELEMENT |
FM |
| STANDARD CHARACTERS |
NO |
| USPTO-GENERATED IMAGE |
NO |
| EVIDENCE SECTION |
| EVIDENCE FILE NAME(S) |
| ORIGINAL PDF FILE |
evi_19822100222-20180323163708170110_._Office_Action_response_-_87732781_-_FM_Design.pdf |
CONVERTED PDF FILE(S)
(3 pages) |
\\TICRS\EXPORT17\IMAGEOUT17\877\327\87732781\xml4\ROA0002.JPG |
| |
\\TICRS\EXPORT17\IMAGEOUT17\877\327\87732781\xml4\ROA0003.JPG |
| |
\\TICRS\EXPORT17\IMAGEOUT17\877\327\87732781\xml4\ROA0004.JPG |
| ORIGINAL PDF FILE |
evi_19822100222-20180323163708170110_._EXHIBIT_A.pdf |
CONVERTED PDF FILE(S)
(10 pages) |
\\TICRS\EXPORT17\IMAGEOUT17\877\327\87732781\xml4\ROA0005.JPG |
| |
\\TICRS\EXPORT17\IMAGEOUT17\877\327\87732781\xml4\ROA0006.JPG |
| |
\\TICRS\EXPORT17\IMAGEOUT17\877\327\87732781\xml4\ROA0007.JPG |
| |
\\TICRS\EXPORT17\IMAGEOUT17\877\327\87732781\xml4\ROA0008.JPG |
| |
\\TICRS\EXPORT17\IMAGEOUT17\877\327\87732781\xml4\ROA0009.JPG |
| |
\\TICRS\EXPORT17\IMAGEOUT17\877\327\87732781\xml4\ROA0010.JPG |
| |
\\TICRS\EXPORT17\IMAGEOUT17\877\327\87732781\xml4\ROA0011.JPG |
| |
\\TICRS\EXPORT17\IMAGEOUT17\877\327\87732781\xml4\ROA0012.JPG |
| |
\\TICRS\EXPORT17\IMAGEOUT17\877\327\87732781\xml4\ROA0013.JPG |
| |
\\TICRS\EXPORT17\IMAGEOUT17\877\327\87732781\xml4\ROA0014.JPG |
| DESCRIPTION OF EVIDENCE FILE |
Office Action response for Ser. No. 87/732,781 - FM Design and Exhibit A |
| GOODS AND/OR SERVICES SECTION (014)(no change) |
| GOODS AND/OR SERVICES SECTION (016)(current) |
| INTERNATIONAL CLASS |
016 |
| DESCRIPTION |
| Books, art books, novels, game guides, notebooks, journals, posters, calendars, comic books, art prints |
| FILING BASIS |
Section 1(b) |
| GOODS AND/OR SERVICES SECTION (016)(proposed) |
| INTERNATIONAL CLASS |
016 |
| TRACKED TEXT DESCRIPTION |
Books, art books, novels, game guides, notebooks, journals, posters, calendars, comic books, art
prints; Children's coloring and composition books; books about art, e-sports and video games; novels; strategy guide books for video games; notebooks; journals; posters; calendars; comic books; art prints |
| FINAL DESCRIPTION |
| Children's coloring and composition books; books about art, e-sports and video games; novels; strategy guide books for video games;
notebooks; journals; posters; calendars; comic books; art prints |
| FILING BASIS |
Section 1(b) |
| GOODS AND/OR SERVICES SECTION (018)(current) |
| INTERNATIONAL CLASS |
018 |
| DESCRIPTION |
Wallets, bags, backpacks, messenger bags |
| FILING BASIS |
Section 1(b) |
| GOODS AND/OR SERVICES SECTION (018)(proposed) |
| INTERNATIONAL CLASS |
018 |
| TRACKED TEXT DESCRIPTION |
Wallets, bags, backpacks, messenger bags; Wallets;
sports and travelling bags; backpacks; messenger bags |
| FINAL DESCRIPTION |
| Wallets; sports and travelling bags; backpacks; messenger bags |
| FILING BASIS |
Section 1(b) |
| GOODS AND/OR SERVICES SECTION (025)(current) |
| INTERNATIONAL CLASS |
025 |
| DESCRIPTION |
Clothing |
| FILING BASIS |
Section 1(b) |
| GOODS AND/OR SERVICES SECTION (025)(proposed) |
| INTERNATIONAL CLASS |
025 |
| TRACKED TEXT DESCRIPTION |
Clothing; Clothing, namely, jackets, pants, shorts, sweaters,
sweatshirts, hoodies, jerseys, shirts, t-shirts, long-sleeve t-shirts, sleepwear, pajamas, footwear, socks, belts, headwear, headbands, wristbands, rainwear, scarves, beachwear |
| FINAL DESCRIPTION |
| Clothing, namely, jackets, pants, shorts, sweaters, sweatshirts, hoodies, jerseys, shirts, t-shirts, long-sleeve t-shirts, sleepwear,
pajamas, footwear, socks, belts, headwear, headbands, wristbands, rainwear, scarves, beachwear |
| FILING BASIS |
Section 1(b) |
| GOODS AND/OR SERVICES SECTION (028)(current) |
| INTERNATIONAL CLASS |
028 |
| DESCRIPTION |
Toy cars, video game controllers, play sets |
| FILING BASIS |
Section 1(b) |
| GOODS AND/OR SERVICES SECTION (028)(proposed) |
| INTERNATIONAL CLASS |
028 |
| TRACKED TEXT DESCRIPTION |
Toy cars, video game controllers, play sets; Toy cars;
video game controllers; play sets for action figures |
| FINAL DESCRIPTION |
| Toy cars; video game controllers; play sets for action figures |
| FILING BASIS |
Section 1(b) |
| GOODS AND/OR SERVICES SECTION (038)(current) |
| INTERNATIONAL CLASS |
038 |
| DESCRIPTION |
| Streaming of video game competitions; streaming of video games |
| FILING BASIS |
Section 1(b) |
| GOODS AND/OR SERVICES SECTION (038)(proposed) |
| INTERNATIONAL CLASS |
038 |
| TRACKED TEXT DESCRIPTION |
Streaming of video game competitions; Streaming of video game
competitions via a global computer network; streaming of video games; streaming of video games via a global computer
network |
| FINAL DESCRIPTION |
| Streaming of video game competitions via a global computer network; streaming of video games via a global computer network |
| FILING BASIS |
Section 1(b) |
| GOODS AND/OR SERVICES SECTION (041)(no change) |
| SIGNATURE SECTION |
| RESPONSE SIGNATURE |
/John P. Halski/ |
| SIGNATORY'S NAME |
John P. Halski |
| SIGNATORY'S POSITION |
Attorney of Record, Washington State Bar Member |
| SIGNATORY'S PHONE NUMBER |
206-359-8000 |
| DATE SIGNED |
03/23/2018 |
| AUTHORIZED SIGNATORY |
YES |
| FILING INFORMATION SECTION |
| SUBMIT DATE |
Fri Mar 23 19:49:58 EDT 2018 |
| TEAS STAMP |
USPTO/ROA-XXX.XX.XXX.XXX-
20180323194958017761-8773
2781-51059730959547a4e2d8
ff4264d23ec3c9aab96b61874
a8018f43017b2eb50-N/A-N/A
-20180323163708170110 |
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 1957 (Rev 10/2011) |
| OMB No. 0651-0050 (Exp 09/20/2020) |
Response to Office Action
To the Commissioner for Trademarks:
Application serial no.
87732781 FM (Stylized and/or with Design, see http://uspto.report/TM/87732781/mark.png) has been amended as follows:
EVIDENCE
Evidence in the nature of Office Action response for Ser. No. 87/732,781 - FM Design and Exhibit A has been attached.
Original PDF file:
evi_19822100222-20180323163708170110_._Office_Action_response_-_87732781_-_FM_Design.pdf
Converted PDF file(s) ( 3 pages)
Evidence-1
Evidence-2
Evidence-3
Original PDF file:
evi_19822100222-20180323163708170110_._EXHIBIT_A.pdf
Converted PDF file(s) ( 10 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Evidence-6
Evidence-7
Evidence-8
Evidence-9
Evidence-10
CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 016 for Books, art books, novels, game guides, notebooks, journals, posters, calendars, comic books, art prints
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: Books, art books, novels, game guides, notebooks, journals, posters, calendars, comic books, art prints;
Children's coloring and composition books;
books about art, e-sports and video games;
novels;
strategy guide books for video games;
notebooks;
journals;
posters;
calendars;
comic books;
art printsClass 016 for Children's
coloring and composition books; books about art, e-sports and video games; novels; strategy guide books for video games; notebooks; journals; posters; calendars; comic books; art prints
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.
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 018 for Wallets, bags, backpacks, messenger bags
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: Wallets, bags, backpacks, messenger bags;
Wallets;
sports and
travelling bags;
backpacks;
messenger bagsClass 018 for Wallets; sports and travelling bags; backpacks; messenger
bags
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.
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 025 for Clothing
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: Clothing;
Clothing, namely, jackets, pants, shorts, sweaters, sweatshirts, hoodies, jerseys,
shirts, t-shirts, long-sleeve t-shirts, sleepwear, pajamas, footwear, socks, belts, headwear, headbands, wristbands, rainwear, scarves, beachwearClass 025 for Clothing, namely, jackets, pants,
shorts, sweaters, sweatshirts, hoodies, jerseys, shirts, t-shirts, long-sleeve t-shirts, sleepwear, pajamas, footwear, socks, belts, headwear, headbands, wristbands, rainwear, scarves, beachwear
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.
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 028 for Toy cars, video game controllers, play sets
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: Toy cars, video game controllers, play sets;
Toy cars;
video
game controllers;
play sets for action figuresClass 028 for Toy cars; video game controllers; play sets for action figures
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.
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 038 for Streaming of video game competitions; streaming of video games
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: Streaming of video game competitions;
Streaming of video game competitions via a global computer
network;
streaming of video games;
streaming of video games via a global computer networkClass 038 for Streaming of
video game competitions via a global computer network; streaming of video games via a global computer network
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)
Response Signature
Signature: /John P. Halski/ Date: 03/23/2018
Signatory's Name: John P. Halski
Signatory's Position: Attorney of Record, Washington State Bar Member
Signatory's Phone Number: 206-359-8000
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: 87732781
Internet Transmission Date: Fri Mar 23 19:49:58 EDT 2018
TEAS Stamp: USPTO/ROA-XXX.XX.XXX.XXX-201803231949580
17761-87732781-51059730959547a4e2d8ff426
4d23ec3c9aab96b61874a8018f43017b2eb50-N/
A-N/A-20180323163708170110
