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 |
88219653 |
LAW OFFICE ASSIGNED |
LAW OFFICE 100 |
MARK SECTION |
MARK |
http://uspto.report/TM/88219653/mark.png |
LITERAL ELEMENT |
ULTIMATE ALLIANCE 3 THE BLACK ORDER |
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) |
The Amendment and Remarks are attached as a pdf file to preserve the formatting of the table and the images. |
EVIDENCE SECTION |
EVIDENCE FILE NAME(S) |
ORIGINAL PDF FILE |
evi_703417252-20190811094834298684_._arks_for_ULTIMATE_ALLIANCE_3_THE_BLACK_ORDER__1034576xD1162_.pdf |
CONVERTED PDF FILE(S)
(8 pages) |
\\TICRS\EXPORT17\IMAGEOUT17\882\196\88219653\xml5\ROA0002.JPG |
|
\\TICRS\EXPORT17\IMAGEOUT17\882\196\88219653\xml5\ROA0003.JPG |
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\\TICRS\EXPORT17\IMAGEOUT17\882\196\88219653\xml5\ROA0004.JPG |
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\\TICRS\EXPORT17\IMAGEOUT17\882\196\88219653\xml5\ROA0005.JPG |
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\\TICRS\EXPORT17\IMAGEOUT17\882\196\88219653\xml5\ROA0006.JPG |
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\\TICRS\EXPORT17\IMAGEOUT17\882\196\88219653\xml5\ROA0007.JPG |
|
\\TICRS\EXPORT17\IMAGEOUT17\882\196\88219653\xml5\ROA0008.JPG |
|
\\TICRS\EXPORT17\IMAGEOUT17\882\196\88219653\xml5\ROA0009.JPG |
ORIGINAL PDF FILE |
evi_703417252-20190811094834298684_.__A_-_Ultimate_Alliance_Dance_Company_Specimen__998236xD1162_.pdf |
CONVERTED PDF FILE(S)
(3 pages) |
\\TICRS\EXPORT17\IMAGEOUT17\882\196\88219653\xml5\ROA0010.JPG |
|
\\TICRS\EXPORT17\IMAGEOUT17\882\196\88219653\xml5\ROA0011.JPG |
|
\\TICRS\EXPORT17\IMAGEOUT17\882\196\88219653\xml5\ROA0012.JPG |
ORIGINAL PDF FILE |
evi_703417252-20190811094834298684_._ease_Date_I_Marvel_I_Marvel__-_www_marvel_com__998235xD1162_.pdf |
CONVERTED PDF FILE(S)
(2 pages) |
\\TICRS\EXPORT17\IMAGEOUT17\882\196\88219653\xml5\ROA0013.JPG |
|
\\TICRS\EXPORT17\IMAGEOUT17\882\196\88219653\xml5\ROA0014.JPG |
DESCRIPTION OF EVIDENCE FILE |
Amendment and Remarks; Exhibit A - the specimen from the Cited ULTIMATE ALLIANCE DANCE COMPANY Mark; Exhibit B - a website printout regarding
Applicant's ULTIMATE ALLIANCE 3 THE BLACK ORDER Mark and services |
GOODS AND/OR SERVICES SECTION (current) |
INTERNATIONAL CLASS |
041 |
DESCRIPTION |
Education and entertainment services |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (proposed) |
INTERNATIONAL CLASS |
041 |
TRACKED TEXT DESCRIPTION |
Education and entertainment services; Entertainment services,
namely, providing online video games; providing information relating to online video games via global computer networks and electronic communication networks for
use in connection with computers, mobile computers, media players, cellular phones, wireless devices, and portable and handheld digital electronic devices; providing an online entertainment information in the field of computer games, enhancements for computer games, online video games, and game applications via global computer networks and
electronic communication networks for use in connection with computers, mobile computers, media players, cellular phones, wireless devices and portable and handheld digital electronic devices;
providing temporary use of non-downloadable software for playing computer games; providing temporary use of non-downloadable
game software to enable playing and otherwise providing computer games; providing interactive websites and applications featuring online video games and
non-downloadable video games |
FINAL DESCRIPTION |
Entertainment services, namely, providing online video games; providing information relating to online video games via global computer
networks and electronic communication networks for use in connection with computers, mobile computers, media players, cellular phones, wireless devices, and portable and handheld digital electronic
devices; providing an online entertainment information in the field of computer games, enhancements for computer games, online video games, and game applications via global computer networks and
electronic communication networks for use in connection with computers, mobile computers, media players, cellular phones, wireless devices and portable and handheld digital electronic devices;
providing temporary use of non-downloadable software for playing computer games; providing temporary use of non-downloadable game software to enable playing and otherwise providing computer games;
providing interactive websites and applications featuring online video games and non-downloadable video games |
FILING BASIS |
Section 1(b) |
ATTORNEY SECTION (current) |
NAME |
Steve Ackerman |
ATTORNEY BAR MEMBERSHIP NUMBER |
NOT SPECIFIED |
YEAR OF ADMISSION |
NOT SPECIFIED |
U.S. STATE/ COMMONWEALTH/ TERRITORY |
NOT SPECIFIED |
FIRM NAME |
THE WALT DISNEY COMPANY |
INTERNAL ADDRESS |
IP DEPARTMENT - TRADEMARK GROUP |
STREET |
500 SOUTH BUENA VISTA STREET |
CITY |
BURBANK |
STATE |
California |
POSTAL CODE |
91521 |
COUNTRY |
US |
PHONE |
818-560-1000 |
FAX |
818-848-6424 |
EMAIL |
trademarks@disney.com |
AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
ATTORNEY SECTION (proposed) |
NAME |
Steve Ackerman |
ATTORNEY BAR MEMBERSHIP NUMBER |
XXX |
YEAR OF ADMISSION |
XXXX |
U.S. STATE/ COMMONWEALTH/ TERRITORY |
XX |
FIRM NAME |
THE WALT DISNEY COMPANY |
INTERNAL ADDRESS |
IP DEPARTMENT - TRADEMARK GROUP |
STREET |
500 SOUTH BUENA VISTA STREET |
CITY |
BURBANK |
STATE |
California |
POSTAL CODE |
91521 |
COUNTRY |
United States |
PHONE |
818-560-1000 |
FAX |
818-848-6424 |
EMAIL |
trademarks@disney.com |
AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
OTHER APPOINTED ATTORNEY |
Joelyn 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, Hani Gazal |
CORRESPONDENCE SECTION (current) |
NAME |
Steve Ackerman |
FIRM NAME |
THE WALT DISNEY COMPANY |
INTERNAL ADDRESS |
IP DEPARTMENT - TRADEMARK GROUP |
STREET |
500 SOUTH BUENA VISTA STREET |
CITY |
BURBANK |
STATE |
California |
POSTAL CODE |
91521 |
COUNTRY |
US |
PHONE |
818-560-1000 |
FAX |
818-848-6424 |
EMAIL |
trademarks@disney.com; cpinkus@marvel.com; allison.kipp@kelly-ip.com; docketing@kelly-ip.com |
AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
CORRESPONDENCE SECTION (proposed) |
NAME |
Steve Ackerman |
FIRM NAME |
THE WALT DISNEY COMPANY |
INTERNAL ADDRESS |
IP DEPARTMENT - TRADEMARK GROUP |
STREET |
500 SOUTH BUENA VISTA STREET |
CITY |
BURBANK |
STATE |
California |
POSTAL CODE |
91521 |
COUNTRY |
United States |
PHONE |
818-560-1000 |
FAX |
818-848-6424 |
EMAIL |
trademarks@disney.com; cpinkus@marvel.com; allison.kipp@kelly-ip.com; docketing@kelly-ip.com |
AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
SIGNATURE SECTION |
RESPONSE SIGNATURE |
/Linda McLeod/ |
SIGNATORY'S NAME |
Linda K. McLeod |
SIGNATORY'S POSITION |
Associate Attorney of Record, D.C. bar member, Admitted 1990, Bar Number 423466 |
SIGNATORY'S PHONE NUMBER |
202-808-3570 |
DATE SIGNED |
08/11/2019 |
AUTHORIZED SIGNATORY |
YES |
FILING INFORMATION SECTION |
SUBMIT DATE |
Mon Aug 12 07:50:27 EDT 2019 |
TEAS STAMP |
USPTO/ROA-XX.XX.XXX.XX-20
190812075027761691-882196
53-610398946c72611674f053
a2d0a1eddcbdd66e7d6917862
46814c169eae73a50-N/A-N/A
-20190811094834298684 |
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.
88219653 ULTIMATE ALLIANCE 3 THE BLACK ORDER(Standard Characters, see http://uspto.report/TM/88219653/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 table and the images.
EVIDENCE
Evidence in the nature of Amendment and Remarks; Exhibit A - the specimen from the Cited ULTIMATE ALLIANCE DANCE COMPANY Mark; Exhibit B - a website printout regarding Applicant's ULTIMATE ALLIANCE 3
THE BLACK ORDER Mark and services has been attached.
Original PDF file:
evi_703417252-20190811094834298684_._arks_for_ULTIMATE_ALLIANCE_3_THE_BLACK_ORDER__1034576xD1162_.pdf
Converted PDF file(s) ( 8 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Evidence-6
Evidence-7
Evidence-8
Original PDF file:
evi_703417252-20190811094834298684_.__A_-_Ultimate_Alliance_Dance_Company_Specimen__998236xD1162_.pdf
Converted PDF file(s) ( 3 pages)
Evidence-1
Evidence-2
Evidence-3
Original PDF file:
evi_703417252-20190811094834298684_._ease_Date_I_Marvel_I_Marvel__-_www_marvel_com__998235xD1162_.pdf
Converted PDF file(s) ( 2 pages)
Evidence-1
Evidence-2
CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 041 for Education and entertainment services
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: Education and entertainment services;
Entertainment services, namely, providing online video
games;
providing information relating to online video games via global computer networks and electronic communication networks for use in connection with
computers, mobile computers, media players, cellular phones, wireless devices, and portable and handheld digital electronic devices;
providing an online
entertainment information in the field of computer games, enhancements for computer games, online video games, and game applications via global computer networks and electronic communication networks
for use in connection with computers, mobile computers, media players, cellular phones, wireless devices and portable and handheld digital electronic devices;
providing temporary use of non-downloadable software for playing computer games;
providing temporary use of non-downloadable game software to enable
playing and otherwise providing computer games;
providing interactive websites and applications featuring online video games and non-downloadable video
gamesClass 041 for Entertainment services, namely, providing online video games; providing information relating to online video games via global computer networks and electronic communication
networks for use in connection with computers, mobile computers, media players, cellular phones, wireless devices, and portable and handheld digital electronic devices; providing an online
entertainment information in the field of computer games, enhancements for computer games, online video games, and game applications via global computer networks and electronic communication networks
for use in connection with computers, mobile computers, media players, cellular phones, wireless devices and portable and handheld digital electronic devices; providing temporary use of
non-downloadable software for playing computer games; providing temporary use of non-downloadable game software to enable playing and otherwise providing computer games; providing interactive
websites and applications featuring online video games and non-downloadable 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.
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 Joelyn 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, Hani Gazal. 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: I attest that I am an 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).
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; cpinkus@marvel.com; allison.kipp@kelly-ip.com; docketing@kelly-ip.com
SIGNATURE(S)
Response Signature
Signature: /Linda McLeod/ Date: 08/11/2019
Signatory's Name: Linda K. McLeod
Signatory's Position: Associate Attorney of Record, D.C. bar member, Admitted 1990, Bar Number 423466
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: 88219653
Internet Transmission Date: Mon Aug 12 07:50:27 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XX.XXX.XX-20190812075027761
691-88219653-610398946c72611674f053a2d0a
1eddcbdd66e7d691786246814c169eae73a50-N/
A-N/A-20190811094834298684