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. 88228697 FAR AWAY(Standard Characters, see http://uspto.report/TM/88228697/mark.png) has been amended as follows:

EVIDENCE
Evidence in the nature of Argument and supporting Exhibits for the Examining Attorney's consideration. has been attached.
Original PDF file:
evi_1511948168-20190916210854746978_._FAR_AWAY_RoA__File_Copy_.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_1511948168-20190916210854746978_._EXHIBIT_A_-_Grammarist.com.pdf
Converted PDF file(s) ( 1 page)
Evidence-1
Original PDF file:
evi_1511948168-20190916210854746978_._Exhibit_B_-_FARAWAY_Specimen.pdf
Converted PDF file(s) ( 1 page)
Evidence-1
Original PDF file:
evi_1511948168-20190916210854746978_._Exhibit_C_FARAWAY_FRONTIERS___Design_Specimen.pdf
Converted PDF file(s) ( 1 page)
Evidence-1

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 009 for Computer game software and entertainment software in the nature of computer games for use on mobile and cellular phones, mobile digital electronic devices, handheld computers, computers, video game consoles, both handheld and free standing, and other wireless POS (point of service) devices; computer game software
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: Computer game software and entertainment software in the nature of computer games for use on mobile and cellular phones, mobile digital electronic devices, handheld computers, computers, video game consoles, both handheld and free standing, and other wireless POS (point of service) devices; Downloadable computer game software and entertainment software in the nature of computer games for use on mobile and cellular phones, mobile digital electronic devices, handheld computers, computers, video game consoles, both handheld and free standing, and other wireless POS (point of service) devices; computer game software; Downloadable computer game softwareClass 009 for Downloadable computer game software and entertainment software in the nature of computer games for use on mobile and cellular phones, mobile digital electronic devices, handheld computers, computers, video game consoles, both handheld and free standing, and other wireless POS (point of service) devices; Downloadable computer game software
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, providing on-line computer 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: Entertainment services, namely, providing on-line computer games; Providing on-line non-downloadable computer game software and entertainment software in the nature of computer games for use on mobile and cellular phones, mobile digital electronic devices, handheld computers, computers, video game consoles, both handheld and free standing, and other wireless POS (point of service) devices; Providing on-line non-downloadable computer game softwareClass 041 for Entertainment services, namely, providing on-line computer games; Providing on-line non-downloadable computer game software and entertainment software in the nature of computer games for use on mobile and cellular phones, mobile digital electronic devices, handheld computers, computers, video game consoles, both handheld and free standing, and other wireless POS (point of service) devices; Providing on-line non-downloadable computer game software
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: Scott W. Pink. Scott W. Pink of O'MELVENY & MYERS LLP, is located at

      2765 SAND HILL ROAD
      MENLO PARK, California 94025
      US

The phone number is 415-984-8700.

The email address is spink@omm.com

The applicants proposed attorney information: Scott W. Pink. Scott W. Pink of O'MELVENY & MYERS LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      2765 SAND HILL ROAD
      MENLO PARK, California 94025
      United States

The phone number is 415-984-8700.

The email address is spink@omm.com

Scott W. Pink 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: SCOTT W. PINK. SCOTT W. PINK of O'MELVENY & MYERS LLP, is located at

      2765 SAND HILL ROAD
      MENLO PARK, California 94025
      US

The phone number is 415-984-8700.

The email address is spink@omm.com; lagueda@omm.com; freynolds@omm.com; ipcalendardept@omm.com; svipdocket@omm.com

The applicants proposed correspondence information: Scott W. Pink. Scott W. Pink of O'MELVENY & MYERS LLP, is located at

      2765 SAND HILL ROAD
      MENLO PARK, California 94025
      United States

The phone number is 415-984-8700.

The email address is ipcalendardept@omm.com; lagueda@omm.com; spink@omm.com; svipdocket@omm.com

SIGNATURE(S)
Response Signature
Signature: /Lisa Agueda/     Date: 09/16/2019
Signatory's Name: Lisa Agueda
Signatory's Position: Attorney, O'Melveny and Myers, LLP, California State Bar Member

Signatory's Phone Number: 415-984-8700

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:    SCOTT W. PINK
   O'MELVENY & MYERS LLP
   
   2765 SAND HILL ROAD
   MENLO PARK, California 94025
Mailing Address:    Scott W. Pink
   O'MELVENY & MYERS LLP
   2765 SAND HILL ROAD
   MENLO PARK, California 94025
        
Serial Number: 88228697
Internet Transmission Date: Mon Sep 16 21:15:50 EDT 2019
TEAS Stamp: USPTO/ROA-XXX.XXX.XX.XX-2019091621155074
0253-88228697-610e3d08895b55e37e7cd69114
3b103e16e64db96033cdfb41a48910e74c643f84
-N/A-N/A-20190916210854746978