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. 88011644 TTYL(Standard Characters, see http://uspto.report/TM/88011644/mark.png) has been amended as follows:

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

Applicant respectfully disagrees with the conclusion that TTYL, which can be used as an acronym for ?talk to you later? (but has many other meanings as well, none of which are applicable to the application at issue), prevents registration of TTYL for the goods and services covered by the application at issue. But even if the meaning ascribed to TTYL by the Examining Attorney is assumed to be the only meaning, ?talk to you later? does not describe the characteristics, features or function of the goods or services that Applicant intends to offer under the applied-for mark. Nothing in the goods or services involves ?talking to [anyone] later.? Moreover, TTYL does not only mean ?talk to you later.? As the Free Dictionary states (attached to this response as an exhibit), TTYL has many different meanings. It can mean ?talk to you later,? ?talk to you louder,? ?type to you later,? ?time to yell loud,? ?take that you loser,? and ?text to you later.? Accordingly, these many meanings belie the argument that the wording cannot serve as a mark. And, revealingly, none of these meanings has anything to do again with the goods or services as amended in this response for which Applicant intends to use the applied-for mark. This conclusion is underscored and supported by the fact that there are existing marks that have been registered consisting of or containing TTYL, including recently where the mark has been allowed to serve as a mark even in social engagement situations. TTYL recently was registered for ?providing social entertainment gatherings in a device-free environment for encouraging face-to-face social engagement,? Registration No. 5708747. Likewise, TTYL has been registered for TTYL for a wide range of goods, again without objection from t-shirts, backpacks, and mugs to towels (Registration No. 2615709). Lastly, "texting champ" and design with a circle of words consisting of ?IRL J/K LYLAS IMHO I LOVE TO TEXT POV BCNU RBTL TTYL BRB LOL,? none of which were disclaimed, covering ?computer shareware for games, processing text and note-taking.? None of the terms in the circle were disclaimed. As to this matter, it is noteworthy that ?TTYL? was not disclaimed. Registration No. 4020657. (All of the referenced registrations have been attached to this response). Under each of these circumstances, TTYL should be allowed to proceed to notice of allowance for the goods and services as amended in this response. Applicant respectfully requests its applied-for mark should be allowed to proceed to registration.

EVIDENCE
Evidence in the nature of Free Dictionary Definitions of TTYL Registrations consisting of or containing TTYL without any disclaimer. has been attached.
Original PDF file:
evi_638215634-20190402174933251256_._TTYLregistrations.pdf
Converted PDF file(s) ( 5 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Original PDF file:
evi_638215634-20190402174933251256_._TTYL.pdf
Converted PDF file(s) ( 1 page)
Evidence-1

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 009 for Downloadable mobile applications for pproviding on-line chat rooms for transmission of messages among users in the field of general interest and for users to share information, photos and videos and autdio content to get feedback from peers and to form virtual communities and to engage in social networking
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: Downloadable mobile applications for pproviding on-line chat rooms for transmission of messages among users in the field of general interest and for users to share information, photos and videos and autdio content to get feedback from peers and to form virtual communities and to engage in social networking; Downloadable mobile applications that provide on-line chat rooms that are used for transmission of messages among users in the field of general interest, for users to share information, photos and videos and audio content, to get private feedback from peers, and to form private virtual communities.Class 009 for Downloadable mobile applications that provide on-line chat rooms that are used for transmission of messages among users in the field of general interest, for users to share information, photos and videos and audio content, to get private feedback from peers, and to form private virtual communities.
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 Providing on-line chat rooms for social networking; Providing on-line chat rooms for transmission of messages among computer users concerning topics of general interest and photos, videos and audio content to get feedback from peers, to form virtual communities and to engage in scoial networking; Telecommunications gateway services, namely, providing telecommunication facilities for real-time interactions between and mong users of computers, mobile and henadheld devices, and wired and wireless communication devices, enabling individuals to send and revceive voice feeds and chats; Computer services, namely, providing on-line facilities for real-time interaction with other computer users concerning topics of general interest
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: Providing on-line chat rooms for social networking; Providing on-line chat rooms for transmission of messages among computer users concerning topics of general interest and photos, videos and audio content to get feedback from peers, to form virtual communities and to engage in scoial networking; Providing on-line chat rooms for transmission of messages among computer users concerning topics of general interest and transmission of photos, videos and audio content to get private feedback from peers and to form private virtual communities; Telecommunications gateway services, namely, providing telecommunication facilities for real-time interactions between and mong users of computers, mobile and henadheld devices, and wired and wireless communication devices, enabling individuals to send and revceive voice feeds and chats; Telecommunications gateway services, namely, providing on-line telecommunication facilities for real-time interactions between and among users of computers, mobile and handheld devices, and wired and wireless communication devices, enabling individuals to send and receive voice feeds and chats; Computer services, namely, providing on-line facilities for real-time interaction with other computer users concerning topics of general interestClass 038 for Providing on-line chat rooms for social networking; Providing on-line chat rooms for transmission of messages among computer users concerning topics of general interest and transmission of photos, videos and audio content to get private feedback from peers and to form private virtual communities; Telecommunications gateway services, namely, providing on-line telecommunication facilities for real-time interactions between and among users of computers, mobile and handheld devices, and wired and wireless communication devices, enabling individuals to send and receive voice feeds and chats; Computer services, namely, providing on-line facilities for real-time interaction with other computer users concerning topics of general interest
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: /rda/     Date: 04/02/2019
Signatory's Name: Rochelle D. Alpert
Signatory's Position: Attorney of Record for Applicant, CA State Bar

Signatory's Phone Number: 4154421326

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: 88011644
Internet Transmission Date: Tue Apr 02 18:07:59 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XX.XXX.XX-20190402180759292
258-88011644-6203e7a1d2caf4eb7a77b17e3a8
e768a1cd5268e61f51f5924b75343e7768fe54b9
-N/A-N/A-20190402174933251256