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 |
88206561 |
LAW OFFICE ASSIGNED |
LAW OFFICE 113 |
MARK SECTION |
MARK FILE NAME |
http://uspto.report/TM/88206561/mark.png |
LITERAL ELEMENT |
NINJA |
STANDARD CHARACTERS |
NO |
USPTO-GENERATED IMAGE |
NO |
EVIDENCE SECTION |
EVIDENCE FILE NAME(S) |
ORIGINAL PDF FILE |
evi_5023515374-20190711150559358010_._Office_Action_Response_-_NINJA_LOGO__2d___Composite_Mark_.pdf |
CONVERTED PDF FILE(S)
(24 pages) |
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ORIGINAL PDF FILE |
evi_5023515374-20190711150559358010_._Exhibit_A.pdf |
CONVERTED PDF FILE(S)
(50 pages) |
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ORIGINAL PDF FILE |
evi_5023515374-20190711150559358010_._Exhibit_B.pdf |
CONVERTED PDF FILE(S)
(34 pages) |
\\TICRS\EXPORT17\IMAGEOUT17\882\065\88206561\xml6\ROA0076.JPG |
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ORIGINAL PDF FILE |
evi_5023515374-20190711150559358010_._Exhibit_C.pdf |
CONVERTED PDF FILE(S)
(2 pages) |
\\TICRS\EXPORT17\IMAGEOUT17\882\065\88206561\xml6\ROA0110.JPG |
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\\TICRS\EXPORT17\IMAGEOUT17\882\065\88206561\xml6\ROA0111.JPG |
ORIGINAL PDF FILE |
evi_5023515374-20190711150559358010_._Exhibit_D.pdf |
CONVERTED PDF FILE(S)
(5 pages) |
\\TICRS\EXPORT17\IMAGEOUT17\882\065\88206561\xml6\ROA0112.JPG |
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\\TICRS\EXPORT17\IMAGEOUT17\882\065\88206561\xml6\ROA0113.JPG |
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DESCRIPTION OF EVIDENCE FILE |
arguments and evidence responding to partial Section 2(d) objection |
GOODS AND/OR SERVICES SECTION (009)(current) |
INTERNATIONAL CLASS |
009 |
DESCRIPTION |
Audio and video recordings featuring video game playing; Audio and video recording featuring video game playing with commentary and
narration; Digital media, namely, streaming and downloadable audiovisual files featuring video game playing; Digital media, namely, streaming and downloadable audiovisual files featuring video game
playing with commentary and narration; Cell phone covers; Computer cases; Headphones and computer peripherals used in connection with videogames and videogame systems; Mouse pads; Computer memory
devices; Wearable activity trackers; cases for smartphones; Monopods used to take photographs by positioning a smartphone or camera beyond the normal range of the arm; headgear, namely, virtual
reality and esports headgear; Downloadable mobile applications |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (009)(proposed) |
INTERNATIONAL CLASS |
009 |
TRACKED TEXT DESCRIPTION |
Audio and video recordings featuring video game playing; Audio and video recording
featuring video game playing with commentary and narration; Digital media, namely, streaming and downloadable audiovisual files featuring video game
playing; Digital media, namely, downloadable audiovisual files featuring video game playing; Digital media, namely,
streaming and downloadable audiovisual files featuring video game playing with commentary and narration; Digital media, namely, downloadable audiovisual files
featuring video game playing with commentary and narration; Cell phone covers; Computer cases; Headphones
and computer peripherals used in connection with videogames and videogame systems; Mouse pads; Computer memory devices; Wearable activity trackers; cases for smartphones; Monopods used to take photographs by positioning a smartphone or camera beyond the
normal range of the arm; headgear, namely, virtual reality headsets; headgear, namely, virtual reality and esports
headgear; Downloadable mobile applications featuring entertainment and educational information in the field of video game playing and esports; Downloadable mobile applications; downloadable mobile applications featuring entertainment in the nature of audiovisual files featuring
video game playing, and associated commentary and narration; downloadable mobile applications that allow users to communicate with one another;
downloadable mobile applications for organizing and viewing photographs, videos, text, audio, and audiovisual content; downloadable mobile applications for playing video games |
FINAL DESCRIPTION |
Audio and video recordings featuring video game playing; Audio and video recording featuring video game playing with commentary and
narration; Digital media, namely, downloadable audiovisual files featuring video game playing; Digital media, namely, downloadable audiovisual files featuring video game playing with commentary and
narration; Cell phone covers; Computer cases; Mouse pads; Computer memory devices; Wearable activity trackers; cases for smartphones; Monopods used to take photographs by positioning a smartphone or
camera beyond the normal range of the arm; headgear, namely, virtual reality headsets; Downloadable mobile applications featuring entertainment and educational information in the field of video game
playing and esports; downloadable mobile applications featuring entertainment in the nature of audiovisual files featuring video game playing, and associated commentary and narration; downloadable
mobile applications that allow users to communicate with one another; downloadable mobile applications for organizing and viewing photographs, videos, text, audio, and audiovisual content;
downloadable mobile applications for playing video games |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (016)(current) |
INTERNATIONAL CLASS |
016 |
DESCRIPTION |
Printed materials, namely, posters, programs, comics, trading cards, stickers, calendars, blank journals, notebooks, notepads, address
pads, bumper stickers, postcards, greeting cards, invitations, stationery; scrapbooks; photograph albums; activity books; craft books; coloring books; photographs; temporary tattoo transfers; writing
instruments; gift wrap paper; decals; printed books and magazines |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (016)(proposed) |
INTERNATIONAL CLASS |
016 |
TRACKED TEXT DESCRIPTION |
Printed materials, namely, posters, programs, comics, trading cards, stickers, calendars, blank
journals, notebooks, notepads, address pads, bumper stickers, postcards, greeting cards, invitations, stationery; Printed materials, namely, posters, event
programs, souvenir programs for entertainment and gaming events, comics, sports trading cards, collectible trading cards, stickers, calendars, blank journals, notebooks, notepads, address pads,
bumper stickers, postcards, greeting cards, printed invitations, stationery; scrapbooks; photograph albums; activity
books; craft books; coloring books; photographs; temporary tattoo transfers;
writing instruments; gift wrap paper; decals; printed books and magazines;
printed books and magazines in the fields of sports, esports, gaming, playing video games, video game strategy, technology, and general human interest |
FINAL DESCRIPTION |
Printed materials, namely, posters, event programs, souvenir programs for entertainment and gaming events, comics, sports trading
cards, collectible trading cards, stickers, calendars, blank journals, notebooks, notepads, address pads, bumper stickers, postcards, greeting cards, printed invitations, stationery; scrapbooks;
photograph albums; activity books; craft books; coloring books; photographs; temporary tattoo transfers; writing instruments; gift wrap paper; decals; printed books and magazines in the fields of
sports, esports, gaming, playing video games, video game strategy, technology, and general human interest |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (018)(no change) |
GOODS AND/OR SERVICES SECTION (021)(current) |
INTERNATIONAL CLASS |
021 |
DESCRIPTION |
Beverageware; dinnerware; lunch bags not of paper; household storage containers for food; home accessories; bath accessories |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (021)(proposed) |
INTERNATIONAL CLASS |
021 |
TRACKED TEXT DESCRIPTION |
Beverageware; dinnerware; lunch bags not of paper;
household storage containers for food; home accessories; home accessories, namely household containers,
plaques of glass and ceramic, figurines of glass and ceramic, general purpose storage bins for household use, baskets for household purposes, waste bins for household use, pet feeding and drinking
bowls; bath accessories; bath accessories, namely, bathroom accessories, namely, toothbrush holders, cup holders, soap
dishes, soap dispensers and canister sets |
FINAL DESCRIPTION |
Beverageware; dinnerware; lunch bags not of paper; household storage containers for food; home accessories, namely household
containers, plaques of glass and ceramic, figurines of glass and ceramic, general purpose storage bins for household use, baskets for household purposes, waste bins for household use, pet feeding and
drinking bowls; bath accessories, namely, bathroom accessories, namely, toothbrush holders, cup holders, soap dishes, soap dispensers and canister sets |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (024)(no change) |
GOODS AND/OR SERVICES SECTION (025)(current) |
INTERNATIONAL CLASS |
025 |
DESCRIPTION |
Clothing, namely, t-shirts and headgear; Clothing for men, women, and children, namely, shirts, sport shirts, polo shirts, sweatshirts,
sweaters, jerseys, pants, hats, caps, beanies, gloves, hoodies, jackets, shoes, shorts; costumes, namely, clothing to dress up as a team mascot or esports players; sleepwear; loungewear; swimwear;
underwear |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (025)(proposed) |
INTERNATIONAL CLASS |
025 |
TRACKED TEXT DESCRIPTION |
Clothing, namely, t-shirts and headgear; Clothing, namely, t-shirts
and headwear; Clothing for men, women, and children, namely, shirts, sport shirts, polo shirts, sweatshirts, sweaters, jerseys, pants, hats, caps, beanies, gloves, hoodies,
jackets, shoes, shorts; costumes, namely, clothing to dress up as a team mascot or esports players; sleepwear; loungewear; swimwear; underwear; esports-related headwear, namely headbands, sweatbands and
bandanas |
FINAL DESCRIPTION |
Clothing, namely, t-shirts and headwear; Clothing for men, women, and children, namely, shirts, sport shirts, polo shirts, sweatshirts,
sweaters, jerseys, pants, hats, caps, beanies, gloves, hoodies, jackets, shoes, shorts; costumes, namely, clothing to dress up as a team mascot or esports players; sleepwear; loungewear; swimwear;
underwear; esports-related headwear, namely headbands, sweatbands and bandanas |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (028)(current) |
INTERNATIONAL CLASS |
028 |
DESCRIPTION |
Sporting articles, namely, esports related sporting articles such as gaming gloves, suits, and headwear; Toy action figures and toy
action figure accessories; Console game controllers, namely, hand-held game consoles and controllers for game consoles; playing cards; board games; role playing games; water toys; plush toys; radio
control and drone toys; party games |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (028)(proposed) |
INTERNATIONAL CLASS |
028 |
TRACKED TEXT DESCRIPTION |
Sporting articles, namely, esports related sporting articles such as gaming gloves, suits, and
headwear; Sporting articles, namely, esports-related sporting articles in the nature of gaming gloves; Toy action figures and toy action
figure accessories; Console game controllers, namely, hand-held game consoles and controllers for game consoles; playing cards;
board games; role playing games; water toys; plush toys; radio control and drone toys; radio-controlled toy vehicles and drone toys; party games; headphones and computer peripherals used in connection with videogames and videogame systems; Gaming headgear adapted for use in playing video games,
namely, esports headgear; trading cards for games |
FINAL DESCRIPTION |
Sporting articles, namely, esports-related sporting articles in the nature of gaming gloves; Toy action figures and toy action figure
accessories; Console game controllers, namely, hand-held game consoles and controllers for game consoles; playing cards; board games; role playing games; water toys; plush toys; radio-controlled toy
vehicles and drone toys; party games; headphones and computer peripherals used in connection with videogames and videogame systems; Gaming headgear adapted for use in playing video games, namely,
esports headgear; trading cards for games |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (035)(current) |
INTERNATIONAL CLASS |
035 |
DESCRIPTION |
On-line retail store services and retail store services featuring a wide variety of general consumer merchandise; endorsement and
advertising services, namely, promoting the goods and services of others |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (035)(proposed) |
INTERNATIONAL CLASS |
035 |
TRACKED TEXT DESCRIPTION |
On-line retail store services and retail store services featuring a wide variety of general consumer
merchandise; endorsement and advertising services, namely, promoting the goods and services of others; administration of community
recreational esports leagues; promoting the sale of goods and services of others by means of participating in events featuring competitive video game playing
and esports, namely, at video game tournaments, parties, league events and corporate events |
FINAL DESCRIPTION |
On-line retail store services and retail store services featuring a wide variety of general consumer merchandise; endorsement and
advertising services, namely, promoting the goods and services of others; administration of community recreational esports leagues; promoting the sale of goods and services of others by means of
participating in events featuring competitive video game playing and esports, namely, at video game tournaments, parties, league events and corporate events |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (041)(current) |
INTERNATIONAL CLASS |
041 |
DESCRIPTION |
Entertainment services, namely, performances featuring video game playing; Entertainment services, namely, performances featuring video
game playing with commentary and narration; Arranging, organizing and performing online shows featuring video game playing; Entertainment services, namely, production of an on-going series
distributed online; Entertainment services, namely, arranging and conducting live performances; Entertainment services in the nature of competitive video game playing and eSports, namely, video game
parties, contests, leagues, corporate events |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (041)(proposed) |
INTERNATIONAL CLASS |
041 |
TRACKED TEXT DESCRIPTION |
Entertainment services, namely, performances featuring video game playing; Entertainment services, namely, live and livestreamed performances featuring video game playing; Entertainment services, namely, performances
featuring video game playing with commentary and narration; Entertainment services, namely, live and livestreamed performances featuring video game playing with
commentary and narration; Arranging, organizing and performing online shows featuring video game playing; entertainment
production services, namely, arranging, organizing and performing live and online shows featuring video game playing; Entertainment services, namely, production
of an on-going series distributed online; Entertainment services, namely, production of an on-going series in the field of sports, esports, gaming, video games,
technology, entertainment, and culture distributed online; Entertainment services, namely, arranging and conducting live performances; entertainment services, namely, production of an ongoing series featuring an esports athlete distributed online; Entertainment services in the
nature of competitive video game playing and eSports, namely, video game parties, contests, leagues, corporate events; Entertainment services, namely, arranging
and conducting live performances by an esports athlete and celebrity; Entertainment services in the nature of arranging, conducting, hosting, and performing in
competitive video game playing and eSports events, namely, video game tournaments, parties, league events and corporate events for entertainment purposes |
FINAL DESCRIPTION |
Entertainment services, namely, live and livestreamed performances featuring video game playing; Entertainment services, namely, live
and livestreamed performances featuring video game playing with commentary and narration; entertainment production services, namely, arranging, organizing and performing live and online shows
featuring video game playing; Entertainment services, namely, production of an on-going series in the field of sports, esports, gaming, video games, technology, entertainment, and culture distributed
online; entertainment services, namely, production of an ongoing series featuring an esports athlete distributed online; Entertainment services, namely, arranging and conducting live performances by
an esports athlete and celebrity; Entertainment services in the nature of arranging, conducting, hosting, and performing in competitive video game playing and eSports events, namely, video game
tournaments, parties, league events and corporate events for entertainment purposes |
FILING BASIS |
Section 1(b) |
SIGNATURE SECTION |
RESPONSE SIGNATURE |
/Bess Morgan/ |
SIGNATORY'S NAME |
Bess Morgan |
SIGNATORY'S POSITION |
Attorney of Record, CA and TN Bar Member |
DATE SIGNED |
07/11/2019 |
AUTHORIZED SIGNATORY |
YES |
FILING INFORMATION SECTION |
SUBMIT DATE |
Thu Jul 11 15:09:53 EDT 2019 |
TEAS STAMP |
USPTO/ROA-XX.XXX.XXX.XX-2
0190711150953214445-88206
561-6201fab098be77a311933
f14369c33a014d29d6d99afb9
a4b65a33172271563e8d-N/A-
N/A-20190711150559358010 |
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.
88206561 NINJA (Stylized and/or with Design, see http://uspto.report/TM/88206561/mark.png) has been amended as follows:
EVIDENCE
Evidence in the nature of arguments and evidence responding to partial Section 2(d) objection has been attached.
Original PDF file:
evi_5023515374-20190711150559358010_._Office_Action_Response_-_NINJA_LOGO__2d___Composite_Mark_.pdf
Converted PDF file(s) ( 24 pages)
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Original PDF file:
evi_5023515374-20190711150559358010_._Exhibit_A.pdf
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Original PDF file:
evi_5023515374-20190711150559358010_._Exhibit_B.pdf
Converted PDF file(s) ( 34 pages)
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Original PDF file:
evi_5023515374-20190711150559358010_._Exhibit_C.pdf
Converted PDF file(s) ( 2 pages)
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Original PDF file:
evi_5023515374-20190711150559358010_._Exhibit_D.pdf
Converted PDF file(s) ( 5 pages)
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CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 009 for Audio and video recordings featuring video game playing; Audio and video recording featuring video game playing with commentary and narration; Digital media, namely,
streaming and downloadable audiovisual files featuring video game playing; Digital media, namely, streaming and downloadable audiovisual files featuring video game playing with commentary and
narration; Cell phone covers; Computer cases; Headphones and computer peripherals used in connection with videogames and videogame systems; Mouse pads; Computer memory devices; Wearable activity
trackers; cases for smartphones; Monopods used to take photographs by positioning a smartphone or camera beyond the normal range of the arm; headgear, namely, virtual reality and esports headgear;
Downloadable mobile applications
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: Audio and video recordings featuring video game playing;
Audio and video recording featuring video game playing with
commentary and narration;
Digital media, namely, streaming and downloadable audiovisual files featuring video game playing;
Digital media, namely, downloadable audiovisual files featuring video game playing;
Digital media, namely, streaming and downloadable audiovisual files
featuring video game playing with commentary and narration;
Digital media, namely, downloadable audiovisual files featuring video game playing with commentary
and narration;
Cell phone covers;
Computer cases;
Headphones and computer peripherals used in connection
with videogames and videogame systems;
Mouse pads;
Computer memory devices;
Wearable activity trackers;
cases for smartphones;
Monopods used to take photographs by positioning a smartphone or camera beyond the normal range of the arm;
headgear, namely, virtual reality headsets;
headgear, namely, virtual reality and esports headgear;
Downloadable mobile applications featuring entertainment and educational information in the field of video game playing and esports;
Downloadable mobile
applications;
downloadable mobile applications featuring entertainment in the nature of audiovisual files featuring video game playing, and associated
commentary and narration;
downloadable mobile applications that allow users to communicate with one another;
downloadable
mobile applications for organizing and viewing photographs, videos, text, audio, and audiovisual content;
downloadable mobile applications for playing video
gamesClass 009 for Audio and video recordings featuring video game playing; Audio and video recording featuring video game playing with commentary and narration; Digital media, namely,
downloadable audiovisual files featuring video game playing; Digital media, namely, downloadable audiovisual files featuring video game playing with commentary and narration; Cell phone covers;
Computer cases; Mouse pads; Computer memory devices; Wearable activity trackers; cases for smartphones; Monopods used to take photographs by positioning a smartphone or camera beyond the normal range
of the arm; headgear, namely, virtual reality headsets; Downloadable mobile applications featuring entertainment and educational information in the field of video game playing and esports;
downloadable mobile applications featuring entertainment in the nature of audiovisual files featuring video game playing, and associated commentary and narration; downloadable mobile applications
that allow users to communicate with one another; downloadable mobile applications for organizing and viewing photographs, videos, text, audio, and audiovisual content; downloadable mobile
applications for playing 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.
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 016 for Printed materials, namely, posters, programs, comics, trading cards, stickers, calendars, blank journals, notebooks, notepads, address pads, bumper stickers, postcards,
greeting cards, invitations, stationery; scrapbooks; photograph albums; activity books; craft books; coloring books; photographs; temporary tattoo transfers; writing instruments; gift wrap paper;
decals; printed books and magazines
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: Printed materials, namely, posters, programs, comics, trading cards, stickers, calendars, blank journals, notebooks, notepads, address
pads, bumper stickers, postcards, greeting cards, invitations, stationery;
Printed materials, namely, posters, event programs, souvenir programs for entertainment
and gaming events, comics, sports trading cards, collectible trading cards, stickers, calendars, blank journals, notebooks, notepads, address pads, bumper stickers, postcards, greeting cards, printed
invitations, stationery;
scrapbooks;
photograph albums;
activity books;
craft books;
coloring books;
photographs;
temporary tattoo transfers;
writing instruments;
gift wrap paper;
decals;
printed books and magazines;
printed books and magazines in
the fields of sports, esports, gaming, playing video games, video game strategy, technology, and general human interestClass 016 for Printed materials, namely, posters, event programs, souvenir
programs for entertainment and gaming events, comics, sports trading cards, collectible trading cards, stickers, calendars, blank journals, notebooks, notepads, address pads, bumper stickers,
postcards, greeting cards, printed invitations, stationery; scrapbooks; photograph albums; activity books; craft books; coloring books; photographs; temporary tattoo transfers; writing instruments;
gift wrap paper; decals; printed books and magazines in the fields of sports, esports, gaming, playing video games, video game strategy, technology, and general human interest
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 021 for Beverageware; dinnerware; lunch bags not of paper; household storage containers for food; home accessories; bath accessories
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: Beverageware;
dinnerware;
lunch bags not of paper;
household storage
containers for food;
home accessories;
home accessories, namely household containers, plaques of glass and ceramic,
figurines of glass and ceramic, general purpose storage bins for household use, baskets for household purposes, waste bins for household use, pet feeding and drinking bowls;
bath accessories;
bath accessories, namely, bathroom accessories, namely, toothbrush holders, cup holders, soap dishes, soap dispensers and
canister setsClass 021 for Beverageware; dinnerware; lunch bags not of paper; household storage containers for food; home accessories, namely household containers, plaques of glass and ceramic,
figurines of glass and ceramic, general purpose storage bins for household use, baskets for household purposes, waste bins for household use, pet feeding and drinking bowls; bath accessories, namely,
bathroom accessories, namely, toothbrush holders, cup holders, soap dishes, soap dispensers and canister sets
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 025 for Clothing, namely, t-shirts and headgear; Clothing for men, women, and children, namely, shirts, sport shirts, polo shirts, sweatshirts, sweaters, jerseys, pants, hats,
caps, beanies, gloves, hoodies, jackets, shoes, shorts; costumes, namely, clothing to dress up as a team mascot or esports players; sleepwear; loungewear; swimwear; underwear
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: Clothing, namely, t-shirts and headgear;
Clothing, namely, t-shirts and headwear;
Clothing for men, women, and children, namely, shirts, sport shirts, polo shirts, sweatshirts, sweaters, jerseys, pants, hats, caps, beanies, gloves, hoodies, jackets, shoes,
shorts;
costumes, namely, clothing to dress up as a team mascot or esports players;
sleepwear;
loungewear;
swimwear;
underwear;
esports-related headwear, namely headbands, sweatbands and bandanasClass 025 for
Clothing, namely, t-shirts and headwear; Clothing for men, women, and children, namely, shirts, sport shirts, polo shirts, sweatshirts, sweaters, jerseys, pants, hats, caps, beanies, gloves, hoodies,
jackets, shoes, shorts; costumes, namely, clothing to dress up as a team mascot or esports players; sleepwear; loungewear; swimwear; underwear; esports-related headwear, namely headbands, sweatbands
and bandanas
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 028 for Sporting articles, namely, esports related sporting articles such as gaming gloves, suits, and headwear; Toy action figures and toy action figure accessories; Console
game controllers, namely, hand-held game consoles and controllers for game consoles; playing cards; board games; role playing games; water toys; plush toys; radio control and drone toys; party
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: Sporting articles, namely, esports related sporting articles such as gaming gloves, suits, and headwear;
Sporting articles, namely, esports-related sporting articles in the nature of gaming gloves;
Toy action figures and toy action figure accessories;
Console game controllers, namely, hand-held game consoles and controllers for game consoles;
playing cards;
board
games;
role playing games;
water toys;
plush toys;
radio control and drone
toys;
radio-controlled toy vehicles and drone toys;
party games;
headphones and computer
peripherals used in connection with videogames and videogame systems;
Gaming headgear adapted for use in playing video games, namely, esports headgear;
trading cards for gamesClass 028 for Sporting articles, namely, esports-related sporting articles in the nature of gaming gloves; Toy action figures and toy
action figure accessories; Console game controllers, namely, hand-held game consoles and controllers for game consoles; playing cards; board games; role playing games; water toys; plush toys;
radio-controlled toy vehicles and drone toys; party games; headphones and computer peripherals used in connection with videogames and videogame systems; Gaming headgear adapted for use in playing
video games, namely, esports headgear; trading cards for 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.
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 035 for On-line retail store services and retail store services featuring a wide variety of general consumer merchandise; endorsement and advertising services, namely, promoting
the goods and services of others
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: On-line retail store services and retail store services featuring a wide variety of general consumer merchandise;
endorsement and advertising services, namely, promoting the goods and services of others;
administration of community recreational esports
leagues;
promoting the sale of goods and services of others by means of participating in events featuring competitive video game playing and esports, namely, at
video game tournaments, parties, league events and corporate eventsClass 035 for On-line retail store services and retail store services featuring a wide variety of general consumer
merchandise; endorsement and advertising services, namely, promoting the goods and services of others; administration of community recreational esports leagues; promoting the sale of goods and
services of others by means of participating in events featuring competitive video game playing and esports, namely, at video game tournaments, parties, league events and corporate events
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 041 for Entertainment services, namely, performances featuring video game playing; Entertainment services, namely, performances featuring video game playing with commentary and
narration; Arranging, organizing and performing online shows featuring video game playing; Entertainment services, namely, production of an on-going series distributed online; Entertainment services,
namely, arranging and conducting live performances; Entertainment services in the nature of competitive video game playing and eSports, namely, video game parties, contests, leagues, corporate
events
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: Entertainment services, namely, performances featuring video game playing;
Entertainment services,
namely, live and livestreamed performances featuring video game playing;
Entertainment services, namely, performances featuring video game playing with
commentary and narration;
Entertainment services, namely, live and livestreamed performances featuring video game playing with commentary and narration;
Arranging, organizing and performing online shows featuring video game playing;
entertainment production services, namely,
arranging, organizing and performing live and online shows featuring video game playing;
Entertainment services, namely, production of an on-going series
distributed online;
Entertainment services, namely, production of an on-going series in the field of sports, esports, gaming, video games, technology,
entertainment, and culture distributed online;
Entertainment services, namely, arranging and conducting live performances;
entertainment services, namely, production of an ongoing series featuring an esports athlete distributed online;
Entertainment services in the nature of
competitive video game playing and eSports, namely, video game parties, contests, leagues, corporate events;
Entertainment services, namely, arranging and
conducting live performances by an esports athlete and celebrity;
Entertainment services in the nature of arranging, conducting, hosting, and performing in
competitive video game playing and eSports events, namely, video game tournaments, parties, league events and corporate events for entertainment purposesClass 041 for Entertainment services,
namely, live and livestreamed performances featuring video game playing; Entertainment services, namely, live and livestreamed performances featuring video game playing with commentary and narration;
entertainment production services, namely, arranging, organizing and performing live and online shows featuring video game playing; Entertainment services, namely, production of an on-going series in
the field of sports, esports, gaming, video games, technology, entertainment, and culture distributed online; entertainment services, namely, production of an ongoing series featuring an esports
athlete distributed online; Entertainment services, namely, arranging and conducting live performances by an esports athlete and celebrity; Entertainment services in the nature of arranging,
conducting, hosting, and performing in competitive video game playing and eSports events, namely, video game tournaments, parties, league events and corporate events for entertainment purposes
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: /Bess Morgan/ Date: 07/11/2019
Signatory's Name: Bess Morgan
Signatory's Position: Attorney of Record, CA and TN Bar Member
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: 88206561
Internet Transmission Date: Thu Jul 11 15:09:53 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XX-2019071115095321
4445-88206561-6201fab098be77a311933f1436
9c33a014d29d6d99afb9a4b65a33172271563e8d
-N/A-N/A-20190711150559358010