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. 88136790 NVIDIA (Stylized and/or with Design, see http://uspto.report/TM/88136790/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 007 for Manufacturing machines, namely, machinery used for manufacturing of integrated circuits and semiconductors; Machines for the manufacture of semiconductors; Robots; Industrial robots; IC handlers, namely, machines for processing integrated circuits; Robotic arms for industrial purposes; 3D printers; Parts and fittings for all of the aforesaid
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.

Filing Basis: Section 44(d), Priority based on foreign filing: 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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority based upon a foreign application. For a certification 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, 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 or services that meet the certification standards of the applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on[ European Union Trademark - EUTM application number 017882469 filed 03/30/2018]. 15 U.S.C.Section 1126(d), as amended.

Proposed:
Tracked Text Description: Manufacturing machines, namely, machinery used for manufacturing of integrated circuits and semiconductors; Machines for the manufacture of semiconductors; Robots; Industrial robots; IC handlers, namely, machines for processing integrated circuits; Robotic arms for industrial purposes; 3D printers; Parts and fittings for all of the aforesaid; structural parts and fittings for all of the aforesaidClass 007 for Manufacturing machines, namely, machinery used for manufacturing of integrated circuits and semiconductors; Machines for the manufacture of semiconductors; Robots; Industrial robots; IC handlers, namely, machines for processing integrated circuits; Robotic arms for industrial purposes; 3D printers; structural parts and fittings for all of the aforesaid
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.

Filing Basis: Section 44(d), Priority based on foreign filing: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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority based upon a foreign application. 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, 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 or services that meet the certification standards of the applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on [ European Union Trademark - EUTM application number 017882469 filed 03/30/2018]. 15 U.S.C.Section 1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant has another basis for registration (Section 1(a) or Section 1(b)) and does NOT intend to rely on Section 44(e) as the basis for registration, but is only asserting a valid claim of priority. The application should not be suspended to await the submission of the foreign registration.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 012 for Vehicles; Cars; Land vehicles; Automobiles; Autonomous cars; Autonomous vehicles; Self-driving transport vehicles; Robotic cars; Vehicle parts and fittings; Vehicle equipment and hardware; Vehicle anti-theft and security equipment; Land vehicles featuring autonomous driving features and parts and accessories therefor; Driverless cars; Driverless transporter vehicles; Driverless cars, namely, autonomous cars; Electric vehicles; Electric vehicles, namely, electric land vehicles, electric automobiles, electric cars; Artificial intelligence based solutions, namely, autonomous cars; Auto aftermarket accessories; Car accessories, namely, replacement infotainment systems; Vehicle instrument panel; Vehicle interior trim kits comprising dashboard trim panels, instrument cluster surround, radio/climate control bezel, and infotainment systems; Robotic and self-driving transport vehicles that transport people, packages, and freight; Driverless land vehicles; Connected vehicles, namely, land vehicles connected to internet; Remote controlled land vehicles; Vehicles for locomotion by land; Electrical assemblies for the automotive and electric vehicle industries, namely, instrument cluster assemblies, modular cockpit assemblies, and transmission speed sensors; Components, instruments and accessories for land vehicles, namely, instrument clusters and electrical controllers; Rear-seat entertainment (RSE) systems; Dashboards for vehicles; Replacement parts and fittings for the above goods
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.

Filing Basis: Section 44(d), Priority based on foreign filing: 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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority based upon a foreign application. For a certification 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, 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 or services that meet the certification standards of the applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on[ European Union Trademark - EUTM application number 017882469 filed 03/30/2018]. 15 U.S.C.Section 1126(d), as amended.

Proposed:
Tracked Text Description: Vehicles; Vehicles, namely, land vehicles, water vehicles, air vehicles, railway vehicles, and space vehicles; Cars; Land vehicles; Automobiles; Autonomous cars; Autonomous vehicles; Self-driving transport vehicles; Robotic cars; Vehicle parts and fittings; Vehicle equipment and hardware; Vehicle equipment and hardware, namely, equipment and hardware for self-driving vehicles; Vehicle anti-theft and security equipment; Vehicle anti-theft and security equipment, namely, apparatus for vehicle anti-theft and security; Land vehicles featuring autonomous driving features and parts and accessories therefor; Land vehicles featuring autonomous driving features and structural parts and accessories therefor; Driverless cars; Driverless transporter vehicles; Driverless cars, namely, autonomous cars; Electric vehicles; Electric vehicles, namely, electric vehicles for use on land, water, rails, or space; Electric vehicles, namely, electric land vehicles, electric automobiles, electric cars; Artificial intelligence based solutions, namely, autonomous cars; Auto aftermarket accessories; Auto aftermarket accessories, namely, electronic accessories; Car accessories, namely, replacement infotainment systems; Car accessories, namely, replacement infotainment systems for in-vehicle communications, entertainment, and navigation; Vehicle instrument panel; Vehicle interior trim kits comprising dashboard trim panels, instrument cluster surround, radio/climate control bezel, and infotainment systems; Robotic and self-driving transport vehicles that transport people, packages, and freight; Driverless land vehicles; Connected vehicles, namely, land vehicles connected to internet; Remote controlled land vehicles; vehicles for locomotion by land; Electrical assemblies for the automotive and electric vehicle industries, namely, instrument cluster assemblies, modular cockpit assemblies, and transmission speed sensors; structural electrical assemblies adapted for automotive and electric vehicles, namely, instrument cluster assemblies, modular cockpit assemblies, and transmission speed sensors; Components, instruments and accessories for land vehicles, namely, instrument clusters and electrical controllers; Rear-seat entertainment (RSE) systems; Rear-seat entertainment (RSE) systems specially adapted for automobiles; Dashboards for vehicles; Replacement parts and fittings for the above goodsClass 012 for Vehicles, namely, land vehicles, water vehicles, air vehicles, railway vehicles, and space vehicles; Cars; Land vehicles; Automobiles; Autonomous cars; Autonomous vehicles; Self-driving transport vehicles; Robotic cars; Vehicle parts and fittings; Vehicle equipment and hardware, namely, equipment and hardware for self-driving vehicles; Vehicle anti-theft and security equipment, namely, apparatus for vehicle anti-theft and security; Land vehicles featuring autonomous driving features and structural parts and accessories therefor; Driverless cars; Driverless transporter vehicles; Driverless cars, namely, autonomous cars; Electric vehicles, namely, electric vehicles for use on land, water, rails, or space; Electric vehicles, namely, electric land vehicles, electric automobiles, electric cars; Artificial intelligence based solutions, namely, autonomous cars; Auto aftermarket accessories, namely, electronic accessories; Car accessories, namely, replacement infotainment systems for in-vehicle communications, entertainment, and navigation; Vehicle instrument panel; Vehicle interior trim kits comprising dashboard trim panels, instrument cluster surround, radio/climate control bezel, and infotainment systems; Robotic and self-driving transport vehicles that transport people, packages, and freight; Driverless land vehicles; Connected vehicles, namely, land vehicles connected to internet; Remote controlled land vehicles; vehicles for locomotion by land; structural electrical assemblies adapted for automotive and electric vehicles, namely, instrument cluster assemblies, modular cockpit assemblies, and transmission speed sensors; Components, instruments and accessories for land vehicles, namely, instrument clusters and electrical controllers; Rear-seat entertainment (RSE) systems specially adapted for automobiles; Dashboards for vehicles; Replacement parts and fittings for the above goods
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.

Filing Basis: Section 44(d), Priority based on foreign filing: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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority based upon a foreign application. 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, 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 or services that meet the certification standards of the applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on [ European Union Trademark - EUTM application number 017882469 filed 03/30/2018]. 15 U.S.C.Section 1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant has another basis for registration (Section 1(a) or Section 1(b)) and does NOT intend to rely on Section 44(e) as the basis for registration, but is only asserting a valid claim of priority. The application should not be suspended to await the submission of the foreign registration.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 038 for Telecommunications; Broadcasting services; Video broadcasting; Audio broadcasting; Video conferencing services; Streaming of video material on the internet; Streaming of digital media content for others; Streaming of electronic games on the Internet; Streaming of audio, visual and audiovisual material via a global computer network; Streaming and live streaming of video, audiovisual, and interactive audiovisual content via the internet; Electronic transmission and streaming of digital media content for others via global and local computer networks; Broadcasting of audio and video content and programming over the internet; Electronic delivery of images and photographs via a global computer network and via mobile electronic devices; Electronic transmission and streaming of digital media content for others via global and local computer networks and via mobile electronic devices; Streaming user generated photographic and video content via a website on the internet and via mobile electronic devices; Providing internet chat rooms; Providing on-line forums for transmission of messages among computer users; Streaming of data; Computer aided transmission of information and images; Transfer of data by telecommunication; Video on demand transmissions; Communications services, namely, transmitting streamed sound and audiovisual recordings via the Internet by means of computer terminals, video game consoles or hand-held games with liquid crystal displays; Broadcasting services and provision of telecommunication access to video and audio content provided via a video-on demand service via the Internet; Wireless electronic transmission of voice signals, data, facsimiles, images and information; Consultancy in the field of audio, text and visual data transmission and communication for telecommunication other than broadcasting; Communication by computer terminals; Providing communication transmission over value added telecommunication networks; Rental of telecommunication equipment for accessing to communication networks; Providing technical support services regarding the usage of communications equipment; Providing facilities and equipment for video conferencing; Audio and video teleconferencing services; Electronic exchange of voice, data, audio, video, text and graphics via the internet and telecommunications networks; Providing electronic bulletin boards for transmission of messages among users in the field of general interest; Providing an online community forum for users to share and stream information, audio, video, real-time news, entertainment content, or information; Photo sharing and video sharing services, namely, electronic transmission of digital photo files, videos and audio visual content among internet users; Providing access to computer, electronic and online databases; Telecommunications services, namely, electronic transmission of data, messages, graphics, images, audio, video and information; Providing online forums for communication on topics of general interest; Providing online communications links which transfer mobile device and internet users to other local and global online locations; Facilitating access to third party websites or to other electronic third party content via a universal login; Providing online chat rooms, email and instant messaging services, and electronic bulletin boards; Audio, text and video broadcasting services over the internet or other communication networks; Voice over internet protocol (VOIP) services; Telephony communication services; Peer-to-peer photo and data sharing services, namely, electronic transmission of digital photo and video files, graphics and audio content among internet users; Telecommunications and peer-to-peer network computer services, namely, electronic transmission of images, audio-visual and video content, photographs, videos, data, text, messages, advertisements, media advertising communications and information; Providing user access to digital content, namely, text, audio, video, images, still and motion pictures, graphics, computer games, video games, signals, messages and multimedia files; Telecommunications services, namely, electronic transmission of virtual and augmented reality content and data; Information, consultancy and advisory services relating to all of the aforesaid
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.

Filing Basis: Section 44(d), Priority based on foreign filing: 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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority based upon a foreign application. For a certification 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, 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 or services that meet the certification standards of the applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on[ European Union Trademark - EUTM application number 017882469 filed 03/30/2018]. 15 U.S.C.Section 1126(d), as amended.

Proposed:
Tracked Text Description: Telecommunications; Telecommunications consultation; Broadcasting services; Internet broadcasting services; Video broadcasting; Audio broadcasting; Video conferencing services; Streaming of video material on the internet; Streaming of digital media content for others; Streaming of electronic games on the Internet; Streaming of audio, visual and audiovisual material via a global computer network; Streaming and live streaming of video, audiovisual, and interactive audiovisual content via the internet; Electronic transmission and streaming of digital media content for others via global and local computer networks; Broadcasting of audio and video content and programming over the internet; Electronic delivery of images and photographs via a global computer network and via mobile electronic devices; electronic transmission and streaming of digital media content for others via global and local computer networks and via mobile electronic devices; Streaming user generated photographic and video content via a website on the internet and via mobile electronic devices; Providing internet chat rooms; Providing on-line forums for transmission of messages among computer users; Streaming of data; Computer aided transmission of information and images; Transfer of data by telecommunication; Video on demand transmissions; Communications services, namely, transmitting streamed sound and audiovisual recordings via the Internet by means of computer terminals, video game consoles or hand-held games with liquid crystal displays; Broadcasting services and provision of telecommunication access to video and audio content provided via a video-on demand service via the Internet; Wireless electronic transmission of voice signals, data, facsimiles, images and information; Consultancy in the field of audio, text and visual data transmission and communication for telecommunication other than broadcasting; Communication by computer terminals; Providing communication transmission over value added telecommunication networks; Providing communication transmission over value added telecommunication networks, namely, information transmission via electronic communications networks; Rental of telecommunication equipment for accessing to communication networks; Providing technical support services regarding the usage of communications equipment; Providing technical support services regarding the usage of communications equipment, namely, transmission of information by data communications; Providing facilities and equipment for video conferencing; Audio and video teleconferencing services; Electronic exchange of voice, data, audio, video, text and graphics via the internet and telecommunications networks; Providing electronic bulletin boards for transmission of messages among users in the field of general interest; Providing an online community forum for users to share and stream information, audio, video, real-time news, entertainment content, or information; Photo sharing and video sharing services, namely, electronic transmission of digital photo files, videos and audio visual content among internet users; Providing access to computer, electronic and online databases; Telecommunications services, namely, electronic transmission of data, messages, graphics, images, audio, video and information; Providing online forums for communication on topics of general interest; Providing online communications links which transfer mobile device and internet users to other local and global online locations; Facilitating access to third party websites or to other electronic third party content via a universal login; Providing online chat rooms, email and instant messaging services, and electronic bulletin boards; Audio, text and video broadcasting services over the internet or other communication networks; Voice over internet protocol (VOIP) services; Telephony communication services; Peer-to-peer photo and data sharing services, namely, electronic transmission of digital photo and video files, graphics and audio content among internet users; Telecommunications and peer-to-peer network computer services, namely, electronic transmission of images, audio-visual and video content, photographs, videos, data, text, messages, advertisements, media advertising communications and information; Providing user access to digital content, namely, text, audio, video, images, still and motion pictures, graphics, computer games, video games, signals, messages and multimedia files; Telecommunications services, namely, electronic transmission of virtual and augmented reality content and data; information, consultancy and advisory services relating to all of the aforesaidClass 038 for Telecommunications consultation; Internet broadcasting services; Video broadcasting; Audio broadcasting; Video conferencing services; Streaming of video material on the internet; Streaming of digital media content for others; Streaming of electronic games on the Internet; Streaming of audio, visual and audiovisual material via a global computer network; Streaming and live streaming of video, audiovisual, and interactive audiovisual content via the internet; Electronic transmission and streaming of digital media content for others via global and local computer networks; Broadcasting of audio and video content and programming over the internet; Electronic delivery of images and photographs via a global computer network and via mobile electronic devices; electronic transmission and streaming of digital media content for others via global and local computer networks and via mobile electronic devices; Streaming user generated photographic and video content via a website on the internet and via mobile electronic devices; Providing internet chat rooms; Providing on-line forums for transmission of messages among computer users; Streaming of data; Computer aided transmission of information and images; Transfer of data by telecommunication; Video on demand transmissions; Communications services, namely, transmitting streamed sound and audiovisual recordings via the Internet by means of computer terminals, video game consoles or hand-held games with liquid crystal displays; Broadcasting services and provision of telecommunication access to video and audio content provided via a video-on demand service via the Internet; Wireless electronic transmission of voice signals, data, facsimiles, images and information; Consultancy in the field of audio, text and visual data transmission and communication for telecommunication other than broadcasting ; Communication by computer terminals; Providing communication transmission over value added telecommunication networks, namely, information transmission via electronic communications networks; Rental of telecommunication equipment for accessing to communication networks; Providing technical support services regarding the usage of communications equipment, namely, transmission of information by data communications; Providing facilities and equipment for video conferencing; Audio and video teleconferencing services; Electronic exchange of voice, data, audio, video, text and graphics via the internet and telecommunications networks; Providing electronic bulletin boards for transmission of messages among users in the field of general interest; Providing an online community forum for users to share and stream information, audio, video, real-time news, entertainment content, or information; Photo sharing and video sharing services, namely, electronic transmission of digital photo files, videos and audio visual content among internet users; Providing access to computer, electronic and online databases; Telecommunications services, namely, electronic transmission of data, messages, graphics, images, audio, video and information; Providing online forums for communication on topics of general interest; Providing online communications links which transfer mobile device and internet users to other local and global online locations; Facilitating access to third party websites or to other electronic third party content via a universal login; Providing online chat rooms, email and instant messaging services, and electronic bulletin boards; Audio, text and video broadcasting services over the internet or other communication networks; Voice over internet protocol (VOIP) services; Telephony communication services; Peer-to-peer photo and data sharing services, namely, electronic transmission of digital photo and video files, graphics and audio content among internet users; Telecommunications and peer-to-peer network computer services, namely, electronic transmission of images, audio-visual and video content, photographs, videos, data, text, messages, advertisements, media advertising communications and information; Providing user access to digital content, namely, text, audio, video, images, still and motion pictures, graphics, computer games, video games, signals, messages and multimedia files; Telecommunications services, namely, electronic transmission of virtual and augmented reality content and data; information, consultancy and advisory services relating to all of the aforesaid
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.

Filing Basis: Section 44(d), Priority based on foreign filing: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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority based upon a foreign application. 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, 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 or services that meet the certification standards of the applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on [ European Union Trademark - EUTM application number 017882469 filed 03/30/2018]. 15 U.S.C.Section 1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant has another basis for registration (Section 1(a) or Section 1(b)) and does NOT intend to rely on Section 44(e) as the basis for registration, but is only asserting a valid claim of priority. The application should not be suspended to await the submission of the foreign registration.

SIGNATURE(S)
Response Signature
Signature: /alongobucco/     Date: 05/23/2019
Signatory's Name: Anne Marie Longobucco, Esq.
Signatory's Position: Associate Attorney, Fenwick & West LLP, New York Bar Member

Signatory's Phone Number: 212-921-2001

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: 88136790
Internet Transmission Date: Thu May 23 16:23:05 EDT 2019
TEAS Stamp: USPTO/ROA-X.XX.XXX.XXX-20190523162305084
212-88136790-620c9ae595be6bfa41b565c99a7
fcb1aa2d80db531fa352fc95e995a97ddc271f-N
/A-N/A-20190523145853560050