Response to Office Action

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)

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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 1957 (Rev 10/2011)

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

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 87902886 CLOUD9(Standard Characters, see http://uspto.report/TM/87902886/mark.png) has been amended as follows:

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

Arguments attached in evidence section.

EVIDENCE
Evidence in the nature of webpage screenshots has been attached.
Original PDF file:
evi_3814224107-20190226125630341146_._Response_to_Office_Action_CLOUD9_in_Class_28_87902886.pdf
Converted PDF file(s) ( 4 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Original PDF file:
evi_3814224107-20190226162544726999_._CLOUD9_Class_28_Exhibits_A_-_D.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

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 028 for Plush toys; musical toys; action figure toys; electronic action toys; mechanical action toys; battery operated action toys; card games; board games; arcade games; tabletop games; action skill games; role playing games; trading card games; arcade-type electronic video games; game controllers for computer games; video gaming consoles for playing computer games; hand-held units for playing electronic games; bobble head dolls; gaming headsets for use in playing electronic sports video games; Stands for electronic game playing apparatus, namely, video game consoles; Apparatus for electronic games adapted for use with an external display screen or monitor; Gaming headsets adapted for use in playing video games; Video game consoles; Controllers for game consoles; Computer gaming consoles for recreational game playing; Computer game consoles for use with an external display screen or monitor; Player-operated electronic controllers for electronic video game machines; Video game interactive hand held remote controls for playing electronic 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: Plush toys; musical toys; action figure toys; electronic action toys; mechanical action toys; battery operated action toys; card games; board games; arcade games; tabletop games; action skill games; trading card games; role playing games; bobble head dolls; arcade-type electronic video games; game controllers for computer games; video gaming consoles for playing computer games; hand-held units for playing electronic games; gaming headsets for use in playing electronic sports video games; Stands for electronic game playing apparatus, namely, video game consoles; Apparatus for electronic games adapted for use with an external display screen or monitor; Gaming headsets adapted for use in playing video games; Video game consoles; Controllers for game consoles; Computer gaming consoles for recreational game playing; Computer game consoles for use with an external display screen or monitor; Player-operated electronic controllers for electronic video game machines; Video game interactive hand held remote controls for playing electronic gamesClass 028 for Plush toys; musical toys; action figure toys; electronic action toys; mechanical action toys; battery operated action toys; card games; board games; tabletop games; action skill games; trading card games; bobble head dolls
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: /chris civil/     Date: 02/26/2019
Signatory's Name: Chris Civil
Signatory's Position: Attorney of Record, California Bar Member

Signatory's Phone Number: 415-773-5803

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: 87902886
Internet Transmission Date: Tue Feb 26 16:50:47 EST 2019
TEAS Stamp: USPTO/ROA-XX.XXX.XX.XXX-2019022616504786
0246-87902886-62034cf6c7732cc18dcdc2ac2d
32ed968d2d57ebfbe2f51380661dddfdcaf2a-N/
A-N/A-20190226162544726999