Response to Office Action

PTO- 1957

Approved for use through 11/30/2023. OMB 0651-0050

U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number

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PTO- 1957

Approved for use through 11/30/2023. OMB 0651-0050

U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 87983411 SNAP(Standard Characters, see http://uspto.report/TM/87983411/mark.png) has been amended as follows:

EVIDENCE
Evidence has been attached: Response to Office Action and Exhibits A, B and C.
Original PDF file:
evi_10883133181-202104192 32954582139_._Office_Acti on_Response_CL_42_App_No_ 87983411_KTS_Ref_1208557.pdf
Converted PDF file(s) ( 11 pages) Evidence-1Evidence-2Evidence-3Evidence-4Evidence-5Evidence-6Evidence-7Evidence-8Evidence-9Evidence-10Evidence-11
Original PDF file:
evi_10883133181-202104192 32954582139_._Exhibit_A_O AR_CL_42_87983411_KTS_120 8557.pdf
Converted PDF file(s) ( 5 pages) Evidence-1Evidence-2Evidence-3Evidence-4Evidence-5
Original PDF file:
evi_10883133181-202104192 32954582139_._Exhibit_B_O AR_CL_42_87983411_KTS_120 8557.pdf
Converted PDF file(s) ( 5 pages) Evidence-1Evidence-2Evidence-3Evidence-4Evidence-5
Original PDF file:
evi_10883133181-202104192 32954582139_._Exhibit_C_O AR_CL_42_87983411_KTS_120 8557.pdf
Converted PDF file(s) ( 6 pages) Evidence-1Evidence-2Evidence-3Evidence-4Evidence-5Evidence-6

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 042 for Hosting digital content on the internet; providing online web facilities for managing and sharing online photographs, videos, text, music and digital content; providing photographic images, videos, music, audio, music, text, graphics, and other information from searchable indexes and databases, by means of the internet and communication networks; computer services, namely, creating virtual communities for registered users to participate in discussions and engage in social, business and community networking; 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, editing, modifying, posting, displaying, linking, sharing, transmission or otherwise providing photographs, videos, music and electronic media or information over the internet and communication networks; providing temporary use of on-line non-downloadable software applications for photo and video sharing; providing temporary use of on-line non-downloadable authentication software for controlling access to and communications with computers and computer networks
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.

In International Class 042, the mark was first used at least as early as 07/17/2017 and first used in commerce at least as early as 07/17/2017.


Proposed:
Class 042 for Hosting digital content on the internet; providing online web facilities for managing and sharing online photographs, videos, text, music and digital content; providing photographic images, videos, music, audio, music, text, graphics, and other information from searchable indexes and databases, by means of the internet and communication networks; computer services, namely, creating virtual communities for registered users to participate in discussions and engage in social, business and community networking; 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, editing, modifying, posting, displaying, linking, sharing, transmission or otherwise providing photographs, videos, music and electronic media or information over the internet and communication networks; providing temporary use of on-line non-downloadable software applications for photo and video sharing; providing temporary use of on-line non-downloadable authentication software for controlling access to and communications with computers and computer networks

Deleted Filing Basis: 1(b)
In International Class 042, the mark was first used at least as early as 07/17/2017 . and first used in commerce at least as early as 07/17/2017 .

Applicant hereby submits one(or more) specimen(s) for Class 042. The specimen(s) submitted consists of screenshots from Applicant's website showing the mark in use.
"The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing date of the application"[for an application based on Section 1(a), Use in Commerce] OR "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce prior either to the filing of the Amendment to Allege Use or expiration of the filing deadline for filing a Statement of Use" [for an application based on Section 1(b) Intent-to-Use]. OR "The attached specimen is a true copy of the specimen that was originally submitted with the application, amendment to allege use, or statement of use" [for an illegible specimen].
Original PDF file:
SPU0-1-10883133181-202104 19225410324390_._Specimen _of_Use_CL_42_87983411_KT S_1208557.pdf
Converted PDF file(s) ( 5 pages) Specimen File1Specimen File2Specimen File3Specimen File4Specimen File5


Webpage URL: http://kit.snapchat.com/
Webpage Date of Access: 04/19/2021
Webpage URL: http://kit.snapchat.com/docs
Webpage Date of Access: 04/19/2021

The owner's/holder's current attorney information: Jennifer D. Arkowitz. Jennifer D. Arkowitz of KILPATRICK TOWNSEND & STOCKTON LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      Two Embarcadero Center, Suite 1900
      San Francisco, California 94111
      United States
The docket/reference number is 1066999.
      The phone number is 415-576-0200.
      The fax number is 415-576-0300.
      The email address is tmadmin@kilpatricktownsend.com

The owner's/holder's proposed attorney information: Jennifer D. Arkowitz. Other appointed attorneys are all attorneys of Kilpatrick Townsend & Stockton LLP. Jennifer D. Arkowitz of KILPATRICK TOWNSEND & STOCKTON LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      Two Embarcadero Center, Suite 1900
      San Francisco, California 94111
      United States
The docket/reference number is 1208557.
      The phone number is 415-576-0200.
      The fax number is 415-576-0300.
      The email address is tmadmin@kilpatricktownsend.com

Jennifer D. Arkowitz submitted the following statement: The attorney of record is an active member in good standing of the bar of the highest court of a U.S. state, the District of Columbia, or any U.S. Commonwealth or territory.Correspondence Information (current):
      Jennifer D. Arkowitz
      PRIMARY EMAIL FOR CORRESPONDENCE: tmadmin@kilpatricktownsend.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): jarkowitz@kilpatricktownsend.com; lamiller@kilpatricktownsend.com; thadid@kilpatricktownsend.com; mmartinenko@kilpatricktownsend.com

The docket/reference number is 1066999.
Correspondence Information (proposed):
      Jennifer D. Arkowitz
      PRIMARY EMAIL FOR CORRESPONDENCE: tmadmin@kilpatricktownsend.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): jarkowitz@kilpatricktownsend.com; lamiller@kilpatricktownsend.com; gcresto@kilpatricktownsend.com; mmartinenko@kilpatricktownsend.com

The docket/reference number is 1208557.

Requirement for Email and Electronic Filing: I understand that a valid email address must be maintained by the owner/holder and the owner's/holder's attorney, if appointed, and that all official trademark correspondence must be submitted via the Trademark Electronic Application System (TEAS).

SIGNATURE(S)
Declaration Signature

DECLARATION: The signatory being warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. § 1001, and that such willful false statements and the like may jeopardize the validity of the application or submission or any registration resulting therefrom, declares that, if the applicant submitted the application or allegation of use (AOU) unsigned, all statements in the application or AOU and this submission based on the signatory's own knowledge are true, and all statements in the application or AOU and this submission made on information and belief are believed to be true.

STATEMENTS FOR UNSIGNED SECTION 1(a) APPLICATION/AOU: If the applicant filed an unsigned application under 15 U.S.C. §1051(a) or AOU under 15 U.S.C. §1051(c), the signatory additionally believes that: the applicant is the owner of the mark sought to be registered; the mark is in use in commerce and was in use in commerce as of the filing date of the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; the original specimen(s), if applicable, shows the mark in use in commerce as of the filing date of the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; for a collective trademark, collective service mark, collective membership mark application, or certification mark application, the applicant is exercising legitimate control over the use of the mark in commerce and was exercising legitimate control over the use of the mark in commerce as of the filing date of the application or AOU; for a certification mark application, the applicant is not engaged 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. To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services/collective membership organization of such other persons, to cause confusion or mistake, or to deceive.

STATEMENTS FOR UNSIGNED SECTION 1(b)/SECTION 44 APPLICATION AND FOR SECTION 66(a) COLLECTIVE/CERTIFICATION MARK APPLICATION: If the applicant filed an unsigned application under 15 U.S.C. §§ 1051(b), 1126(d), and/or 1126(e), or filed a collective/certification mark application under 15 U.S.C. §1141f(a), the signatory additionally believes that: for a trademark or service mark application, the applicant is entitled to use the mark in commerce on or in connection with the goods/services specified in the application; the applicant has a bona fide intention to use the mark in commerce and had a bona fide intention to use the mark in commerce as of the application filing date; for a collective trademark, collective service mark, collective membership mark, or certification mark application, the applicant has a bona fide intention, and is entitled, to exercise legitimate control over the use of the mark in commerce and had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce as of the application filing date; the signatory is properly authorized to execute the declaration on behalf of the applicant; for a certification mark application, 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. To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services/collective membership organization of such other persons, to cause confusion or mistake, or to deceive.

Signature: /laura miller/      Date: 04/19/2021
Signatory's Name: Laura C. Miller
Signatory's Position: Attorney of Record
Signatory's Phone Number: 919-420-1700

Signature method: Sent to third party for signature

Response Signature
Signature: /laura miller/     Date: 04/19/2021
Signatory's Name: Laura Miller
Signatory's Position: Attorney of Record, NC Bar Member

Signatory's Phone Number: 919-420-1700 Signature method: Sent to third party for signature

The signatory has confirmed that he/she is a U.S.-licensed attorney who is an active member in good standing of the bar of the highest court of a U.S. state (including the District of Columbia and any U.S. Commonwealth or territory); 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.-licensed attorney not currently associated with his/her company/firm previously represented the owner/holder in this matter: the owner/holder has revoked their power of attorney by a signed revocation or substitute power of attorney with the USPTO; the USPTO has granted that attorney's withdrawal request; the owner/holder has filed a power of attorney appointing him/her in this matter; or the owner's/holder's appointed U.S.-licensed attorney has filed a power of attorney appointing him/her as an associate attorney in this matter.

Mailing Address:    Jennifer D. Arkowitz
   KILPATRICK TOWNSEND & STOCKTON LLP
   
   Two Embarcadero Center, Suite 1900
   San Francisco, California 94111
Mailing Address:    Jennifer D. Arkowitz
   KILPATRICK TOWNSEND & STOCKTON LLP
   Two Embarcadero Center, Suite 1900
   San Francisco, California 94111
        
Serial Number: 87983411
Internet Transmission Date: Mon Apr 19 23:54:16 ET 2021
TEAS Stamp: USPTO/ROA-XXX.XX.XXX.XXX-202104192354162
68103-87983411-77088b659d22569d0b3f04eb7
1b7238bfbd8f5996938dbfd47bef727dc573acf4
5-N/A-N/A-20210419232954582139