Response to Office Action

OFFLINETV

OfflineTV, LLC

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)

Response to Office Action


The table below presents the data as entered.

Input Field
Entered
SERIAL NUMBER 88126026
LAW OFFICE ASSIGNED LAW OFFICE 100
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_260390006e0e7f2aa8995 9ba6b1f146-20200816160833 003487_._Applicant_Argume nt_Logo.pdf
       CONVERTED PDF FILE(S)
       (5 pages)
\\TICRS\EXPORT18\IMAGEOUT 18\881\260\88126026\xml2\ ROA0002.JPG
        \\TICRS\EXPORT18\IMAGEOUT 18\881\260\88126026\xml2\ ROA0003.JPG
        \\TICRS\EXPORT18\IMAGEOUT 18\881\260\88126026\xml2\ ROA0004.JPG
        \\TICRS\EXPORT18\IMAGEOUT 18\881\260\88126026\xml2\ ROA0005.JPG
        \\TICRS\EXPORT18\IMAGEOUT 18\881\260\88126026\xml2\ ROA0006.JPG
DESCRIPTION OF EVIDENCE FILE response to likelihood of confusion
GOODS AND/OR SERVICES SECTION (035) (current)
INTERNATIONAL CLASS 035
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 (035) (proposed)
INTERNATIONAL CLASS 035
TRACKED TEXT 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; 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, and role playing games.; 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, and 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) (no change)
ADDITIONAL STATEMENTS SECTION
MISCELLANEOUS STATEMENT Please delete the discliamer currently of record
CORRESPONDENCE INFORMATION (current)
NAME Suzanne Natbony
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE suzanne@lawyer.com
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) NOT PROVIDED
CORRESPONDENCE INFORMATION (proposed)
NAME Suzanne Natbony
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE suzanne@lawyer.com
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) chris@boldip.com
SIGNATURE SECTION
RESPONSE SIGNATURE /Suzanne Natbony/
SIGNATORY'S NAME Suzanne Natbony
SIGNATORY'S POSITION Attorney of Record, California Bar Member
SIGNATORY'S PHONE NUMBER 3104786251
DATE SIGNED 08/17/2020
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Mon Aug 17 13:37:55 ET 2020
TEAS STAMP USPTO/ROA-XXXX:XXXX:XXXX:
XXXX:XXXX:XXXX:XXXX:XXX-2
0200817133755345006-88126
026-7407266a6ce46daf62042
ec67e6ede8ecc0c2bb41d5234
f9e70903c8175724b2eee-N/A
-N/A-20200816160833003487



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. 88126026 OFFLINETV (Stylized and/or with Design, see http://tmng-al.uspto.gov /resting2/api/img/8812602 6/large) has been amended as follows:

EVIDENCE
Evidence has been attached: response to likelihood of confusion
Original PDF file:
evi_260390006e0e7f2aa8995 9ba6b1f146-20200816160833 003487_._Applicant_Argume nt_Logo.pdf
Converted PDF file(s) ( 5 pages) Evidence-1Evidence-2Evidence-3Evidence-4Evidence-5

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
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.


Proposed:

Tracked Text 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; 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, and role playing games.; toy action figures and toy action figure accessories; console game controllers, playing cards; board games; role playing gamesClass 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, and 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.
ADDITIONAL STATEMENTS
Miscellaneous Statement
Please delete the discliamer currently of record

Correspondence Information (current):
      Suzanne Natbony
      PRIMARY EMAIL FOR CORRESPONDENCE: suzanne@lawyer.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED
Correspondence Information (proposed):
      Suzanne Natbony
      PRIMARY EMAIL FOR CORRESPONDENCE: suzanne@lawyer.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): chris@boldip.com

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)
Response Signature
Signature: /Suzanne Natbony/     Date: 08/17/2020
Signatory's Name: Suzanne Natbony
Signatory's Position: Attorney of Record, California Bar Member

Signatory's Phone Number: 3104786251

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
        
Serial Number: 88126026
Internet Transmission Date: Mon Aug 17 13:37:55 ET 2020
TEAS Stamp: USPTO/ROA-XXXX:XXXX:XXXX:XXXX:XXXX:XXXX:
XXXX:XXX-20200817133755345006-88126026-7
407266a6ce46daf62042ec67e6ede8ecc0c2bb41
d5234f9e70903c8175724b2eee-N/A-N/A-20200
816160833003487


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