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. 88085204 FORTNITE (Stylized and/or with Design, see http://uspto.report/TM/88085204/mark.png) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 018 for Carry-all bags; All-purpose carrying bags; Sack packs, namely, drawstring bags used as backpacks; Ruck sacks; Knap sacks; Traveling bags; Sports bags; School bags; Hand bags; Gym bags; Athletic bags; Book bags; Messenger bags; Tote bags; Carry sacks; Bags, Duffle bags, Waist bags, Wallets, Card cases, Credit card cases and holders, Carrying cases, Name card cases, Business card cases
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: Carry-all bags; All-purpose carrying bags; Sack packs, namely, drawstring bags used as backpacks; Ruck sacks; Knap sacks; Traveling bags; Sports bags; School bags; Hand bags; Gym bags; Athletic bags; Book bags; Messenger bags; Tote bags; Carry sacks; Bags, Duffle bags, Waist bags, Wallets, Card cases, Credit card cases and holders, Carrying cases, Name card cases, Business card cases; Courier Bags, Duffle bags, Waist bags, Wallets, Card cases, Credit card cases and holders, Carrying cases, Name card cases, Business card casesClass 018 for Carry-all bags; All-purpose carrying bags; Sack packs, namely, drawstring bags used as backpacks; Ruck sacks; Knap sacks; Traveling bags; Sports bags; School bags; Hand bags; Gym bags; Athletic bags; Book bags; Messenger bags; Tote bags; Carry sacks; Courier Bags, Duffle bags, Waist bags, Wallets, Card cases, Credit card cases and holders, Carrying cases, Name card cases, Business card cases
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 021 for Lunch kits, lunch boxes, lunch pails
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: Lunch kits, lunch boxes, lunch pails; Lunch kits, featuring lunch box fitted with a cup and plate; lunch boxes, lunch pailsClass 021 for Lunch kits, featuring lunch box fitted with a cup and plate; lunch boxes, lunch pails
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: /CMT/     Date: 12/18/2018
Signatory's Name: Christopher M. Thomas
Signatory's Position: Attorney of Record, North Carolina bar member

Signatory's Phone Number: 919-828-0564

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: 88085204
Internet Transmission Date: Wed Dec 19 10:57:48 EST 2018
TEAS Stamp: USPTO/ROA-XX.XXX.XX.XX-20181219105748748
528-88085204-620ef6627db1115deadd9754294
c111d9f1a9dfaed8a8419412832a99e69838c9-N
/A-N/A-20181218153302072382