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 |
88144550 |
LAW OFFICE ASSIGNED |
LAW OFFICE 115 |
MARK SECTION |
MARK |
http://uspto.report/TM/88144550/mark.png |
LITERAL ELEMENT |
XCLOUD |
STANDARD CHARACTERS |
YES |
USPTO-GENERATED IMAGE |
YES |
MARK STATEMENT |
The mark consists of standard characters, without claim to any particular font style, size or color. |
ARGUMENT(S) |
In response to the Examiner's request for more information concerning applicant's services, Applicant attaches two articles discussing the intended
use. |
EVIDENCE SECTION |
EVIDENCE FILE NAME(S) |
ORIGINAL PDF FILE |
evi_64124123162-20190517172435674190_._Microsoft_XCLOUD.pdf |
CONVERTED PDF FILE(S)
(1 page) |
\\TICRS\EXPORT17\IMAGEOUT17\881\445\88144550\xml5\ROA0002.JPG |
ORIGINAL PDF FILE |
evi_64124123162-20190517172435674190_._Microsoft_xCloud_2.pdf |
CONVERTED PDF FILE(S)
(5 pages) |
\\TICRS\EXPORT17\IMAGEOUT17\881\445\88144550\xml5\ROA0003.JPG |
|
\\TICRS\EXPORT17\IMAGEOUT17\881\445\88144550\xml5\ROA0004.JPG |
|
\\TICRS\EXPORT17\IMAGEOUT17\881\445\88144550\xml5\ROA0005.JPG |
|
\\TICRS\EXPORT17\IMAGEOUT17\881\445\88144550\xml5\ROA0006.JPG |
|
\\TICRS\EXPORT17\IMAGEOUT17\881\445\88144550\xml5\ROA0007.JPG |
DESCRIPTION OF EVIDENCE FILE |
articles in response to request for more information from Examiner |
GOODS AND/OR SERVICES SECTION (009)(no change) |
GOODS AND/OR SERVICES SECTION (038)(current) |
INTERNATIONAL CLASS |
038 |
DESCRIPTION |
Video game streaming |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (038)(proposed) |
INTERNATIONAL CLASS |
038 |
TRACKED TEXT DESCRIPTION |
Video game streaming; Streaming of video game competitions and play
via the internet; streaming of video game-related material via the internet |
FINAL DESCRIPTION |
Streaming of video game competitions and play via the internet; streaming of video game-related material via the internet |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (041)(no change) |
GOODS AND/OR SERVICES SECTION (042)(current) |
INTERNATIONAL CLASS |
042 |
DESCRIPTION |
Providing online non-downloadable software and software as a service (saas) services for transmitting and for receiving video
games |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (042)(proposed) |
INTERNATIONAL CLASS |
042 |
TRACKED TEXT DESCRIPTION |
Providing online non-downloadable software and software as a service (saas) services for transmitting
and for receiving video games; Providing temporary use of online non-downloadable software and software as a service (SAAS) services featuring software for
transmitting and for receiving video games |
FINAL DESCRIPTION |
Providing temporary use of online non-downloadable software and software as a service (SAAS) services featuring software for
transmitting and for receiving video games |
FILING BASIS |
Section 1(b) |
SIGNATURE SECTION |
RESPONSE SIGNATURE |
/MEM/ |
SIGNATORY'S NAME |
Matthew E. Moersfelder |
SIGNATORY'S POSITION |
Applicant's Attorney, WA Bar Member |
SIGNATORY'S PHONE NUMBER |
206-757-8014 |
DATE SIGNED |
05/17/2019 |
AUTHORIZED SIGNATORY |
YES |
FILING INFORMATION SECTION |
SUBMIT DATE |
Fri May 17 17:35:09 EDT 2019 |
TEAS STAMP |
USPTO/ROA-XX.XXX.XXX.XXX-
20190517173509986084-8814
4550-6206aa01c61f54a5338a
298fbe1fa213dd3438ee4c96a
5914e675f73095c3a2b8-N/A-
N/A-20190517172435674190 |
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.
88144550 XCLOUD(Standard Characters, see http://uspto.report/TM/88144550/mark.png) has been amended as follows:
ARGUMENT(S)
In response to the substantive refusal(s), please note the following:
In response to the Examiner's request for more information concerning applicant's services, Applicant attaches two articles discussing the intended use.
EVIDENCE
Evidence in the nature of articles in response to request for more information from Examiner has been attached.
Original PDF file:
evi_64124123162-20190517172435674190_._Microsoft_XCLOUD.pdf
Converted PDF file(s) ( 1 page)
Evidence-1
Original PDF file:
evi_64124123162-20190517172435674190_._Microsoft_xCloud_2.pdf
Converted PDF file(s) ( 5 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 038 for Video game streaming
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: Video game streaming;
Streaming of video game competitions and play via the internet;
streaming of video game-related material via the internetClass 038 for Streaming of video game competitions and play via the internet; streaming of video
game-related material via the internet
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 042 for Providing online non-downloadable software and software as a service (saas) services for transmitting and for receiving video games
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: Providing online non-downloadable software and software as a service (saas) services for transmitting and for receiving video
games;
Providing temporary use of online non-downloadable software and software as a service (SAAS) services featuring software for transmitting and for receiving
video gamesClass 042 for Providing temporary use of online non-downloadable software and software as a service (SAAS) services featuring software for transmitting and for receiving video
games
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: /MEM/ Date: 05/17/2019
Signatory's Name: Matthew E. Moersfelder
Signatory's Position: Applicant's Attorney, WA Bar Member
Signatory's Phone Number: 206-757-8014
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: 88144550
Internet Transmission Date: Fri May 17 17:35:09 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XXX-201905171735099
86084-88144550-6206aa01c61f54a5338a298fb
e1fa213dd3438ee4c96a5914e675f73095c3a2b8
-N/A-N/A-20190517172435674190