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 2194 (Rev 03/2012) |
OMB No. 0651-0054 (Exp 12/31/2020) |
Petition To Revive Abandoned Application - Failure To Respond Timely To Office Action
The table below presents the data as entered.
Input Field
|
Entered
|
SERIAL NUMBER |
88126026 |
LAW OFFICE ASSIGNED |
LAW OFFICE 100 |
DATE OF NOTICE OF ABANDONMENT |
08/07/2019 |
PETITION |
PETITION STATEMENT |
Applicant has firsthand knowledge that the failure to respond to the Office Action by the specified deadline was unintentional, and
requests the USPTO to revive the abandoned application. |
RESPONSE TO OFFICE ACTION |
MARK SECTION |
MARK FILE NAME |
http://uspto.report/TM/88126026/mark.png |
LITERAL ELEMENT |
OFFLINETV |
STANDARD CHARACTERS |
NO |
USPTO-GENERATED IMAGE |
NO |
COLOR(S) CLAIMED
(If applicable) |
Color is not claimed as a feature of the mark. |
DESCRIPTION OF THE MARK
(and Color Location, if applicable) |
The mark consists of the company's name OfflineTV in a stylized font above an animated television graphic with a face. |
EVIDENCE SECTION |
EVIDENCE FILE NAME(S) |
ORIGINAL PDF FILE |
evi_173168195148-20190812031921690207_._88126026_Remarks.pdf |
CONVERTED PDF FILE(S)
(10 pages) |
\\TICRS\EXPORT17\IMAGEOUT17\881\260\88126026\xml5\POA0002.JPG |
|
\\TICRS\EXPORT17\IMAGEOUT17\881\260\88126026\xml5\POA0003.JPG |
|
\\TICRS\EXPORT17\IMAGEOUT17\881\260\88126026\xml5\POA0004.JPG |
|
\\TICRS\EXPORT17\IMAGEOUT17\881\260\88126026\xml5\POA0005.JPG |
|
\\TICRS\EXPORT17\IMAGEOUT17\881\260\88126026\xml5\POA0006.JPG |
|
\\TICRS\EXPORT17\IMAGEOUT17\881\260\88126026\xml5\POA0007.JPG |
|
\\TICRS\EXPORT17\IMAGEOUT17\881\260\88126026\xml5\POA0008.JPG |
|
\\TICRS\EXPORT17\IMAGEOUT17\881\260\88126026\xml5\POA0009.JPG |
|
\\TICRS\EXPORT17\IMAGEOUT17\881\260\88126026\xml5\POA0010.JPG |
|
\\TICRS\EXPORT17\IMAGEOUT17\881\260\88126026\xml5\POA0011.JPG |
DESCRIPTION OF EVIDENCE FILE |
Argument against mark being merely descriptive as well as confusingly similar to existing marks. |
GOODS AND/OR SERVICES SECTION (035)(current) |
INTERNATIONAL CLASS |
035 |
DESCRIPTION |
Online retail store services featuring sports and eSports lifestyle goods |
FILING BASIS |
Section 1(a) |
FIRST USE ANYWHERE DATE |
At least as early as 11/18/2017 |
FIRST USE IN COMMERCE DATE |
At least as early as 11/18/2017 |
GOODS AND/OR SERVICES SECTION (035)(proposed) |
INTERNATIONAL CLASS |
035 |
TRACKED TEXT DESCRIPTION |
Online retail store services featuring sports and eSports lifestyle goods; On-line retail store services featuring sporting articles, namely, video game and e-sports related sporting articles such as gaming chairs, gaming gloves, shirts, pants, and
headwear; toy action figures and toy action figure accessories; console game controllers, playing cards;
board games; role playing games. |
FINAL DESCRIPTION |
On-line retail store services featuring sporting articles, namely, video game and e-sports related sporting articles such as gaming
chairs, gaming gloves, shirts, pants, and headwear; toy action figures and toy action figure accessories; console game controllers, playing cards; board games; role playing games. |
FILING BASIS |
Section 1(a) |
FIRST USE ANYWHERE DATE |
At least as early as 11/18/2017 |
FIRST USE IN COMMERCE DATE |
At least as early as 11/18/2017 |
GOODS AND/OR SERVICES SECTION (038)(no change) |
GOODS AND/OR SERVICES SECTION (041)(current) |
INTERNATIONAL CLASS |
041 |
DESCRIPTION |
Providing online video footage featuring vlogging, a streaming house, gaming house, lifestyle, entertainment, video game playing,
sports, eSports, lifestyle content, and fashion; providing a website through which people can locate information about entertainment, tournaments, events, and competitions in the video game field;
organizing, conducting, and operating video game competitions and tournaments; interactive online training services in the field of video games and video gaming; entertainment services, namely,
providing online, non-downloadable virtual goods, consumable in-game items, and functional in-game items, namely, upgrade items in the nature of resources for use in virtual environments created for
entertainment and online game playing purposes |
FILING BASIS |
Section 1(a) |
FIRST USE ANYWHERE DATE |
At least as early as 11/18/2017 |
FIRST USE IN COMMERCE DATE |
At least as early as 11/18/2017 |
GOODS AND/OR SERVICES SECTION (041)(proposed) |
INTERNATIONAL CLASS |
041 |
TRACKED TEXT DESCRIPTION |
Providing online video footage featuring vlogging, a streaming house, gaming house, lifestyle, entertainment,
video game playing, sports, eSports, lifestyle content, and fashion; providing a website through which people can locate information about entertainment, tournaments,
events, and competitions in the video game field; organizing, conducting, and operating video game competitions and tournaments; interactive
online training services in the field of video games and video gaming; entertainment services, namely, providing online, non-downloadable virtual goods,
consumable in-game items, and functional in-game items, namely, upgrade items in the nature of resources for use in virtual environments created for entertainment and online game playing
purposes; entertainment services, namely, providing online, non-downloadable virtual goods, consumable in-game items, and functional in-game items, namely,
upgrade items in the nature of resources for use in virtual environments created for entertainment and online game playing purposes. |
FINAL DESCRIPTION |
Providing online video footage featuring vlogging, a streaming house, gaming house, lifestyle, entertainment, video game playing,
sports, eSports, lifestyle content, and fashion; providing a website through which people can locate information about entertainment, tournaments, events, and competitions in the video game field;
organizing, conducting, and operating video game competitions and tournaments; interactive online training services in the field of video games and video gaming; entertainment services, namely,
providing online, non-downloadable virtual goods, consumable in-game items, and functional in-game items, namely, upgrade items in the nature of resources for use in virtual environments created for
entertainment and online game playing purposes. |
FILING BASIS |
Section 1(a) |
FIRST USE ANYWHERE DATE |
At least as early as 11/18/2017 |
FIRST USE IN COMMERCE DATE |
At least as early as 11/18/2017 |
ADDITIONAL STATEMENTS SECTION |
DISCLAIMER |
No claim is made to the exclusive right to use TV apart from the mark as shown. |
ATTORNEY SECTION (current) |
NAME |
Suzanne Natbony |
ATTORNEY BAR MEMBERSHIP NUMBER |
NOT SPECIFIED |
YEAR OF ADMISSION |
NOT SPECIFIED |
U.S. STATE/ COMMONWEALTH/ TERRITORY |
NOT SPECIFIED |
FIRM NAME |
SOLVE & WIN, PC |
INTERNAL ADDRESS |
STE. 221 |
STREET |
2491 PURDUE AVE. |
CITY |
LOS ANGELES |
STATE |
California |
POSTAL CODE |
90064 |
COUNTRY |
US |
PHONE |
310-478-6251 |
EMAIL |
suzanne@lawyer.com |
AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
ATTORNEY SECTION (proposed) |
NAME |
Suzanne Natbony |
ATTORNEY BAR MEMBERSHIP NUMBER |
XXX |
YEAR OF ADMISSION |
XXXX |
U.S. STATE/ COMMONWEALTH/ TERRITORY |
XX |
FIRM NAME |
SOLVE & WIN, PC |
INTERNAL ADDRESS |
STE. 221 |
STREET |
2491 PURDUE AVE. |
CITY |
LOS ANGELES |
STATE |
California |
POSTAL CODE |
90064 |
COUNTRY |
United States |
PHONE |
310-478-6251 |
EMAIL |
suzanne@lawyer.com |
AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
CORRESPONDENCE SECTION (current) |
NAME |
SUZANNE NATBONY |
FIRM NAME |
SOLVE & WIN, PC |
INTERNAL ADDRESS |
STE. 221 |
STREET |
2491 PURDUE AVE. |
CITY |
LOS ANGELES |
STATE |
California |
POSTAL CODE |
90064 |
COUNTRY |
US |
PHONE |
310-478-6251 |
EMAIL |
suzanne@lawyer.com; hello@offlinetv.gg; suzanne@solveandwin.com |
AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
CORRESPONDENCE SECTION (proposed) |
NAME |
Suzanne Natbony |
FIRM NAME |
SOLVE & WIN, PC |
INTERNAL ADDRESS |
STE. 221 |
STREET |
2491 PURDUE AVE. |
CITY |
LOS ANGELES |
STATE |
California |
POSTAL CODE |
90064 |
COUNTRY |
United States |
PHONE |
310-478-6251 |
EMAIL |
suzanne@lawyer.com |
AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
PAYMENT SECTION |
TOTAL AMOUNT |
100 |
TOTAL FEES DUE |
100 |
SIGNATURE SECTION |
PETITION SIGNATURE |
/Christopher Mayle/ |
SIGNATORY'S NAME |
Christopher Mayle |
SIGNATORY'S POSITION |
Attorney Florida Bar Member #114613 |
SIGNATORY'S PHONE NUMBER |
1800-894-7615 ext 1250 |
DATE SIGNED |
08/09/2019 |
RESPONSE SIGNATURE |
/Suzanne Natbony/ |
SIGNATORY'S NAME |
Suzanne Natbony |
SIGNATORY'S POSITION |
Attorney of Record |
SIGNATORY'S PHONE NUMBER |
(310) 478-6251 |
DATE SIGNED |
08/13/2019 |
AUTHORIZED SIGNATORY |
YES |
FILING INFORMATION SECTION |
SUBMIT DATE |
Wed Aug 14 12:19:51 EDT 2019 |
TEAS STAMP |
USPTO/POA-XXX.XXX.XXX.XXX
-20190814121951132152-881
26026-610894058e7813e5c45
3bba481972c7077654c8fa727
2259e9d640f8ab981eba2c-CC
-19502540-201908120319216
90207 |
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 2194 (Rev 03/2012) |
OMB No. 0651-0054 (Exp 12/31/2020) |
Petition To Revive Abandoned Application - Failure To Respond Timely To Office Action
To the Commissioner for Trademarks:
Application serial no.
88126026 OFFLINETV (Stylized and/or with Design, see http://uspto.report/TM/88126026/mark.png) has been amended as follows:
PETITION
Petition Statement
Applicant has firsthand knowledge that the failure to respond to the Office Action by the specified deadline was unintentional, and requests the USPTO to revive the abandoned application.
RESPONSE
TO OFFICE ACTION
EVIDENCE
Evidence in the nature of Argument against mark being merely descriptive as well as confusingly similar to existing marks. has been attached.
Original PDF file:
evi_173168195148-20190812031921690207_._88126026_Remarks.pdf
Converted PDF file(s) ( 10 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Evidence-6
Evidence-7
Evidence-8
Evidence-9
Evidence-10
CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 035 for Online retail store services featuring sports and eSports lifestyle goods
Original Filing Basis:
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with
the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 11/18/2017 and first used in commerce at least as early as 11/18/2017 , and
is now in use in such commerce.
Proposed:
Tracked Text Description: Online retail store services featuring sports and eSports lifestyle goods;
On-line retail store
services featuring sporting articles, namely, video game and e-sports related sporting articles such as gaming chairs, gaming gloves, shirts, pants, and headwear;
toy action figures and toy action figure accessories;
console game controllers, playing cards;
board games;
role playing games.Class 035 for On-line retail store services featuring sporting articles, namely, video game and e-sports related sporting articles such as
gaming chairs, gaming gloves, shirts, pants, and headwear; toy action figures and toy action figure accessories; console game controllers, playing cards; board games; role playing games.
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with
the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 11/18/2017 and first used in commerce at least as early as 11/18/2017 , and
is now in use in such commerce.
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 041 for Providing online video footage featuring vlogging, a streaming house, gaming house, lifestyle, entertainment, video game playing, sports, eSports, lifestyle content, and
fashion; providing a website through which people can locate information about entertainment, tournaments, events, and competitions in the video game field; organizing, conducting, and operating
video game competitions and tournaments; interactive online training services in the field of video games and video gaming; entertainment services, namely, providing online, non-downloadable virtual
goods, consumable in-game items, and functional in-game items, namely, upgrade items in the nature of resources for use in virtual environments created for entertainment and online game playing
purposes
Original Filing Basis:
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with
the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 11/18/2017 and first used in commerce at least as early as 11/18/2017 , and
is now in use in such commerce.
Proposed:
Tracked Text Description: Providing online video footage featuring vlogging, a streaming house, gaming house, lifestyle, entertainment, video game playing, sports, eSports,
lifestyle content, and fashion;
providing a website through which people can locate information about entertainment, tournaments, events, and competitions in the video game
field;
organizing, conducting, and operating video game competitions and tournaments;
interactive online training services in the field of video
games and video gaming;
entertainment services, namely, providing online, non-downloadable virtual goods, consumable in-game items, and functional in-game
items, namely, upgrade items in the nature of resources for use in virtual environments created for entertainment and online game playing purposes;
entertainment services, namely, providing online, non-downloadable virtual goods, consumable in-game items, and functional in-game items, namely, upgrade items in the nature of resources for
use in virtual environments created for entertainment and online game playing purposes.Class 041 for Providing online video footage featuring vlogging, a streaming house, gaming house,
lifestyle, entertainment, video game playing, sports, eSports, lifestyle content, and fashion; providing a website through which people can locate information about entertainment, tournaments,
events, and competitions in the video game field; organizing, conducting, and operating video game competitions and tournaments; interactive online training services in the field of video games and
video gaming; entertainment services, namely, providing online, non-downloadable virtual goods, consumable in-game items, and functional in-game items, namely, upgrade items in the nature of
resources for use in virtual environments created for entertainment and online game playing purposes.
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with
the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 11/18/2017 and first used in commerce at least as early as 11/18/2017 , and
is now in use in such commerce.
The applicant's current attorney information: Suzanne Natbony. Suzanne Natbony of SOLVE & WIN, PC, is located at
STE. 221
2491 PURDUE AVE.
LOS ANGELES, California 90064
US
The phone number is 310-478-6251.
The email address is suzanne@lawyer.com
The applicants proposed attorney information: Suzanne Natbony. Suzanne Natbony of SOLVE & WIN, PC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located
at
STE. 221
2491 PURDUE AVE.
LOS ANGELES, California 90064
United States
The phone number is 310-478-6251.
The email address is suzanne@lawyer.com
Suzanne Natbony submitted the following statement: I attest that I am an 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).
The applicant's current correspondence information: SUZANNE NATBONY. SUZANNE NATBONY of SOLVE & WIN, PC, is located at
STE. 221
2491 PURDUE AVE.
LOS ANGELES, California 90064
US
The phone number is 310-478-6251.
The email address is suzanne@lawyer.com; hello@offlinetv.gg; suzanne@solveandwin.com
The applicants proposed correspondence information: Suzanne Natbony. Suzanne Natbony of SOLVE & WIN, PC, is located at
STE. 221
2491 PURDUE AVE.
LOS ANGELES, California 90064
United States
The phone number is 310-478-6251.
The email address is suzanne@lawyer.com
ADDITIONAL STATEMENTS
Disclaimer
No claim is made to the exclusive right to use TV apart from the mark as shown.
FEE(S)
Fee(s) in the amount of $100 is being submitted.
SIGNATURE(S)
Signature: /Christopher Mayle/ Date: 08/09/2019
Signatory's Name: Christopher Mayle
Signatory's Position: Attorney Florida Bar Member #114613
Signatory's Phone Number: 1800-894-7615 ext 1250
Response Signature
Signature: /Suzanne Natbony/ Date: 08/13/2019
Signatory's Name: Suzanne Natbony
Signatory's Position: Attorney of Record
Signatory's Phone Number: (310) 478-6251
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: SUZANNE NATBONY
SOLVE & WIN, PC
STE. 221
2491 PURDUE AVE.
LOS ANGELES, California 90064
Mailing Address: Suzanne Natbony
SOLVE & WIN, PC
STE. 221
2491 PURDUE AVE.
LOS ANGELES, California 90064
RAM Sale Number: 88126026
RAM Accounting Date: 08/14/2019
Serial Number: 88126026
Internet Transmission Date: Wed Aug 14 12:19:51 EDT 2019
TEAS Stamp: USPTO/POA-XXX.XXX.XXX.XXX-20190814121951
132152-88126026-610894058e7813e5c453bba4
81972c7077654c8fa7272259e9d640f8ab981eba
2c-CC-19502540-20190812031921690207