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)

---

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. 88120311 POCKET.WATCH(Standard Characters, see http://uspto.report/TM/88120311/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 009 for Downloadable software for streaming audiovisual and multimedia content via the Internet and global communications networks; Downloadable computer software, namely, software for streaming audio-visual and multimedia content via digital video playback devices, specifically digital video recorders, digital televisions, television set-top boxes, desktop and laptop computers, mobile electronic devices, and via the Internet; Downloadable computer software, namely, software for publishing and sharing digital media and information via global computer and communication networks; Downloadable software for uploading, showing, displaying, sharing, and viewing audio, video and multimedia digital content via the Internet and global communications networks; Downloadable electronic books in the field of entertainment and education books for children, story books, children's books, fiction books, interactive education books; Audio books in the field of field of entertainment and education books for children, story books, children's books, fiction books, interactive education books; Fridge Magnets; Decorative magnets; Sunglasses; 3D audio speakers; Wireless audio speakers; Earbuds; External computer hard drives; Gaming Keyboards; Gaming mouse, Headphones; Computer keyboards; Laptop carrying cases; Laptop sleeves; Portable USB Chargers; Audio speakers; Thumb drives being external hard drives; Computer novelty items, namely, internal cooling fans, lights for use with computer cameras; Blank USB flash drives, blank computer hard drives; Battery Charging Stands; Controllers; Headsets for telephones
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 software for streaming audiovisual and multimedia content via the Internet and global communications networks; Downloadable computer software, namely, software for streaming audio-visual and multimedia content via digital video playback devices, specifically digital video recorders, digital televisions, television set-top boxes, desktop and laptop computers, mobile electronic devices, and via the Internet; Downloadable computer software, namely, software for publishing and sharing digital media and information via global computer and communication networks; Downloadable software for uploading, showing, displaying, sharing, and viewing audio, video and multimedia digital content via the Internet and global communications networks; Downloadable electronic books in the field of entertainment and education books for children, story books, children's books, fiction books, interactive education books; Audio books in the field of field of entertainment and education books for children, story books, children's books, fiction books, interactive education books; Fridge Magnets; Decorative magnets; Sunglasses; 3D audio speakers; Wireless audio speakers; Earbuds; External computer hard drives; Gaming Keyboards; Headphones; Gaming mouse, Headphones; Computer keyboards; Laptop carrying cases; Laptop sleeves; Portable USB battery Chargers; Portable USB Chargers; Audio speakers; Computer novelty items, namely, internal cooling fans, lights for use with computer cameras; Thumb drives being external hard drives; Blank USB flash drives, blank computer hard drives; Battery Charging Stands; Remote Controls for television, projectors, portable devices, computers; Headsets for telephones; ControllersClass 009 for Downloadable software for streaming audiovisual and multimedia content via the Internet and global communications networks; Downloadable computer software, namely, software for streaming audio-visual and multimedia content via digital video playback devices, specifically digital video recorders, digital televisions, television set-top boxes, desktop and laptop computers, mobile electronic devices, and via the Internet; Downloadable computer software, namely, software for publishing and sharing digital media and information via global computer and communication networks; Downloadable software for uploading, showing, displaying, sharing, and viewing audio, video and multimedia digital content via the Internet and global communications networks; Downloadable electronic books in the field of entertainment and education books for children, story books, children's books, fiction books, interactive education books; Audio books in the field of field of entertainment and education books for children, story books, children's books, fiction books, interactive education books; Fridge Magnets; Decorative magnets; Sunglasses; 3D audio speakers; Wireless audio speakers; Earbuds; External computer hard drives; Headphones; Computer keyboards; Laptop carrying cases; Laptop sleeves; Portable USB battery Chargers; Audio speakers; Computer novelty items, namely, internal cooling fans, lights for use with computer cameras; Blank USB flash drives, blank computer hard drives; Battery Charging Stands; Remote Controls for television, projectors, portable devices, computers; Headsets for telephones
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.

ADDITIONAL STATEMENTS
Miscellaneous Statement
Applicant requests that the goods "Gaming keyboards; gaming mice; gaming controllers; gaming headsets adapted for use in playing video games; protective carrying cases specially adapted for handheld video games; stands for electronic game playing apparatus, namely, video game consoles, hand-held video game units, computer game consoles; gaming accessories in the nature of charging stands; game controller stands" originally contained in this application be transferred from its original application 88/120311 to its co-pending application Serial Number 88/120324 pursuant to TMEP § 1402.08 ("If an applicant has filed separate applications to register the same mark, the applicant may, in a limited situation, amend to move items of goods or services from one application to another, if the application from which the item is to be moved was filed on or before the filing date of the application to which it is to be moved. Such an amendment will be permitted only if some of the goods/services in one application should be classified in a different class and the companion application includes that class.").


SIGNATURE(S)
Response Signature
Signature: /Kristin S. Cornuelle/     Date: 04/09/2019
Signatory's Name: Kristin S. Cornuelle
Signatory's Position: Attorney of Record, CA & OR Bar Member

Signatory's Phone Number: 5039434828

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: 88120311
Internet Transmission Date: Tue Apr 09 20:55:08 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XXX.XX.XXX-2019040920550822
3583-88120311-620733299c54dc489e639fddd9
daa17848b1e5df842c32d71f2aed70c068af662b
-N/A-N/A-20190409203323264739