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)

---

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. 88215854 AVENGERS: ENDGAME(Standard Characters, see http://uspto.report/TM/88215854/mark.png) has been amended as follows:

ARGUMENT(S)
In response to the substantive refusal(s), please note the following:

The Amendment and Remarks are attached as a pdf file to preserve the formatting of the text.

EVIDENCE
Evidence in the nature of Amendment and Remarks; Exhibit A - printout of Applicant's webpage; Exhibit B - printout of article from website has been attached.
Original PDF file:
evi_703417252-20191024104204930131_.__and_remarks_-_AVENGERS._ENDGAME_in_Class_18__1068281xD1162_.pdf
Converted PDF file(s) ( 7 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Evidence-6
Evidence-7
Original PDF file:
evi_703417252-20191024104204930131_._Exhibit_A_-_Marvel_Avengers_End_Game_Webpage__1043774xD1162_.pdf
Converted PDF file(s) ( 7 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Evidence-6
Evidence-7
Original PDF file:
evi_703417252-20191024104204930131_._me__is_the_highest-grossing_film_of_all_time__1044339xD1162_.pdf
Converted PDF file(s) ( 4 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 018 for Bags; backpacks; calling card cases; coin purses; fanny packs; key cases; luggage; luggage tags; purses; umbrellas; wallets
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: Bags; All-purpose carrying bags; all-purpose sport bags; baby backpacks; backpacks; beach bags; book bags; calling card cases; coin purses; diaper bags; duffel bags; fanny packs; gym bags; handbags; knapsacks; key cases; luggage; luggage tags; overnight bags; purses; satchels; leather shopping bags; mesh shopping bags; textile shopping bags; tote bags; umbrellas; waist packs; wallets; all of the foregoing related to a film featuring a group of fictional charactersClass 018 for All-purpose carrying bags; all-purpose sport bags; baby backpacks; backpacks; beach bags; book bags; calling card cases; coin purses; diaper bags; duffel bags; fanny packs; gym bags; handbags; knapsacks; key cases; luggage; luggage tags; overnight bags; purses; satchels; leather shopping bags; mesh shopping bags; textile shopping bags; tote bags; umbrellas; waist packs; wallets; all of the foregoing related to a film featuring a group of fictional characters
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.

The applicant's current attorney information: Steve Ackerman. Steve Ackerman of THE WALT DISNEY COMPANY, is located at

      IP DEPARTMENT - TRADEMARK GROUP
      500 SOUTH BUENA VISTA STREET
      BURBANK, California 91521
      US

The phone number is 818-560-1000.

The fax number is 818-848-6424.

The email address is trademarks@disney.com

The applicants proposed attorney information: Steve Ackerman. Other appointed attorneys are Jocelyn Hanamirian, Rachale Miller, A. Minnie Alexander, Kevin Daley, Steven Plotkin, and Charles Steinberg; Kelly IP, LLP attorneys David M. Kelly, Linda K. McLeod, Lynn M. Jordan, Stephanie H. Bald, Jason M. Joyal, Kelu L. Sullivan, Clint A. Taylor. Steve Ackerman of THE WALT DISNEY COMPANY, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      IP DEPARTMENT - TRADEMARK GROUP
      500 SOUTH BUENA VISTA STREET
      BURBANK, California 91521
      United States

The phone number is 818-560-1000.

The fax number is 818-848-6424.

The email address is trademarks@disney.com

Steve Ackerman submitted the following statement: The attorney of record is an active member in good standing of the bar of the highest court of a U.S. state, the District of Columbia, or any U.S. Commonwealth or territory.
The applicant's current correspondence information: Steve Ackerman. Steve Ackerman of THE WALT DISNEY COMPANY, is located at

      IP DEPARTMENT - TRADEMARK GROUP
      500 SOUTH BUENA VISTA STREET
      BURBANK, California 91521
      US

The phone number is 818-560-1000.

The fax number is 818-848-6424.

The email address is trademarks@disney.com; cpinkus@marvel.com; allison.kipp@kelly-ip.com; docketing@kelly-ip.com

The applicants proposed correspondence information: Steve Ackerman. Steve Ackerman of THE WALT DISNEY COMPANY, is located at

      IP DEPARTMENT - TRADEMARK GROUP
      500 SOUTH BUENA VISTA STREET
      BURBANK, California 91521
      United States

The phone number is 818-560-1000.

The fax number is 818-848-6424.

The email address is trademarks@disney.com; allison.kipp@kelly-ip.com; docketing@kelly-ip.com; cpinkus@marvel.com

SIGNATURE(S)
Response Signature
Signature: /Linda McLeod/     Date: 10/24/2019
Signatory's Name: Linda K. McLeod
Signatory's Position: Associate Attorney of Record, D.C. bar member

Signatory's Phone Number: 202-808-3570

The signatory has confirmed that he/she is a U.S.-licensed attorney who is an active member in good standing of the bar of the highest court of a U.S. state (including the District of Columbia and any U.S. Commonwealth or territory); and he/she is currently the owner's/holder's attorney or an associate thereof; and to the best of his/her knowledge, if prior to his/her appointment another U.S.-licensed attorney not currently associated with his/her company/firm previously represented the owner/holder in this matter: the owner/holder has revoked their power of attorney by a signed revocation or substitute power of attorney with the USPTO; the USPTO has granted that attorney's withdrawal request; the owner/holder has filed a power of attorney appointing him/her in this matter; or the owner's/holder's appointed U.S.-licensed attorney has filed a power of attorney appointing him/her as an associate attorney in this matter.

Mailing Address:    Steve Ackerman
   THE WALT DISNEY COMPANY
   IP DEPARTMENT - TRADEMARK GROUP
   500 SOUTH BUENA VISTA STREET
   BURBANK, California 91521
Mailing Address:    Steve Ackerman
   THE WALT DISNEY COMPANY
   IP DEPARTMENT - TRADEMARK GROUP
   500 SOUTH BUENA VISTA STREET
   BURBANK, California 91521
        
Serial Number: 88215854
Internet Transmission Date: Thu Oct 24 14:07:56 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XX.XXX.XX-20191024140756691
984-88215854-610ddcbf9658a7b9243e5dbe7a6
09a54dd04588b0ad652369da78777b92c776-N/A
-N/A-20191024104204930131