Response to Office Action

ABSOLUTE ZERO

Giggle Horse, LLC

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)

Response to Office Action


The table below presents the data as entered.

Input Field
Entered
SERIAL NUMBER 88242012
LAW OFFICE ASSIGNED LAW OFFICE 107
MARK SECTION
MARK FILE NAME http://uspto.report/TM/88242012/mark.png
LITERAL ELEMENT ABSOLUTE ZERO
STANDARD CHARACTERS NO
USPTO-GENERATED IMAGE NO
COLOR(S) CLAIMED
(If applicable)
The color(s) black, white and blue is/are claimed as a feature of the mark.
DESCRIPTION OF THE MARK
(and Color Location, if applicable)
The mark consists of the wording "ABSOLUTE ZERO" in a stylized manner.
GOODS AND/OR SERVICES SECTION (current)
INTERNATIONAL CLASS 009
DESCRIPTION
Video game programs; Video game software; Video and computer game programs; Computer game software for personal computers and home video game consoles; Computer game software for use with personal computers, home video game consoles used with televisions and arcade-based video game consoles; Interactive video game programs
FILING BASIS Section 1(a)
        FIRST USE ANYWHERE DATE At least as early as 12/25/2015
        FIRST USE IN COMMERCE DATE At least as early as 11/09/2018
GOODS AND/OR SERVICES SECTION (proposed)
INTERNATIONAL CLASS 009
TRACKED TEXT DESCRIPTION
Video game programs; Downloadable video game programs; Video game software; Downloadable video game software; Video and computer game programs; Downloadable video and computer game programs; Computer game software for personal computers and home video game consoles; Downloadable computer game software for personal computers and home video game consoles; Computer game software for use with personal computers, home video game consoles used with televisions and arcade-based video game consoles; Downloadable computer game software for use with personal computers, home video game consoles used with televisions and arcade-based video game consoles; Interactive video game programs
FINAL DESCRIPTION
Downloadable video game programs; Downloadable video game software; Downloadable video and computer game programs; Downloadable computer game software for personal computers and home video game consoles; Downloadable computer game software for use with personal computers, home video game consoles used with televisions and arcade-based video game consoles; Interactive video game programs
FILING BASIS Section 1(b)
DELETED FILING BASIS 1(a);
ADDITIONAL STATEMENTS SECTION
DESCRIPTION OF THE MARK
(and Color Location, if applicable)
The mark consists of the wording "ABSOLUTE ZERO" in stylized font where the letters are shaded blue and outlined in black and white.
NEW ATTORNEY SECTION
NAME William J Robers
FIRM NAME Sparks Willson Borges Brandt & Johnson
INDIVIDUAL ATTORNEY
DOCKET/REFERENCE NUMBER
5273.002
OTHER APPOINTED ATTORNEY Reuben Sparks, Robert Willson, Kent Borges, Christopher Brandt, Scott Johnson, David Steigerwald, Matthew Niznik, Paul Hurcomb, Steven Ogle, Jessica Kyle Danehy, Audree McNichols, Renée Congdon
STREET 24 South Weber Street, Suite 400
CITY Colorado Springs
STATE Colorado
ZIP/POSTAL CODE 80903
COUNTRY United States
PHONE 7196345700
FAX 7196338477
EMAIL wjr@sparkswillson.com
AUTHORIZED EMAIL COMMUNICATION Yes
CORRESPONDENCE SECTION
ORIGINAL ADDRESS GIGGLE HORSE, LLC
GIGGLE HORSE, LLC
330 SADDLEMOUNTAIN ROAD
COLORADO SPRINGS
Colorado
US
80919
NEW CORRESPONDENCE SECTION
NAME William J Robers
FIRM NAME Sparks Willson Borges Brandt & Johnson
DOCKET/REFERENCE NUMBER 5273.002
STREET 24 South Weber Street, Suite 400
CITY Colorado Springs
STATE Colorado
ZIP/POSTAL CODE 80903
COUNTRY United States
PHONE 7196345700
FAX 7196338477
EMAIL wjr@sparkswillson.com
AUTHORIZED EMAIL COMMUNICATION Yes
SIGNATURE SECTION
DECLARATION SIGNATURE /William J Robers/
SIGNATORY'S NAME William J Robers
SIGNATORY'S POSITION Attorney of record, Colorado and California bar member
SIGNATORY'S PHONE NUMBER 719-634-5700
DATE SIGNED 04/10/2019
RESPONSE SIGNATURE /William J Robers/
SIGNATORY'S NAME William J Robers
SIGNATORY'S POSITION Attorney of record, Colorado and California bar member
SIGNATORY'S PHONE NUMBER 719-634-5700
DATE SIGNED 04/10/2019
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Wed Apr 10 11:27:34 EDT 2019
TEAS STAMP USPTO/ROA-XXX.XX.XXX.XXX-
20190410112734463572-8824
2012-620b04532b3dd99c4132
0e3a82161b37a77af92dc8a31
6b9c1552543e078d1d75d-N/A
-N/A-20190410111753381529



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. 88242012 ABSOLUTE ZERO (Stylized and/or with Design, see http://uspto.report/TM/88242012/mark.png) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 009 for Video game programs; Video game software; Video and computer game programs; Computer game software for personal computers and home video game consoles; Computer game software for use with personal computers, home video game consoles used with televisions and arcade-based video game consoles; Interactive video game programs
Original Filing Basis:
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 12/25/2015 and first used in commerce at least as early as 11/09/2018 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Video game programs; Downloadable video game programs; Video game software; Downloadable video game software; Video and computer game programs; Downloadable video and computer game programs; Computer game software for personal computers and home video game consoles; Downloadable computer game software for personal computers and home video game consoles; Computer game software for use with personal computers, home video game consoles used with televisions and arcade-based video game consoles; Downloadable computer game software for use with personal computers, home video game consoles used with televisions and arcade-based video game consoles; Interactive video game programsClass 009 for Downloadable video game programs; Downloadable video game software; Downloadable video and computer game programs; Downloadable computer game software for personal computers and home video game consoles; Downloadable computer game software for use with personal computers, home video game consoles used with televisions and arcade-based video game consoles; Interactive video game programs
Deleted Filing Basis: 1(a)
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.

ATTORNEY ADDRESS
Applicant proposes to amend the following:
Proposed:
William J Robers of Sparks Willson Borges Brandt & Johnson, having an address of
24 South Weber Street, Suite 400 Colorado Springs, Colorado 80903
United States
wjr@sparkswillson.com
7196345700
7196338477
The attorney docket/reference number is 5273.002 .
The Other Appointed Attorney(s): Reuben Sparks, Robert Willson, Kent Borges, Christopher Brandt, Scott Johnson, David Steigerwald, Matthew Niznik, Paul Hurcomb, Steven Ogle, Jessica Kyle Danehy, Audree McNichols, Renée Congdon.

CORRESPONDENCE ADDRESS CHANGE
Applicant proposes to amend the following:
Current:
GIGGLE HORSE, LLC
GIGGLE HORSE, LLC
330 SADDLEMOUNTAIN ROAD
COLORADO SPRINGS
Colorado
US
80919

Proposed:
William J Robers of Sparks Willson Borges Brandt & Johnson, having an address of
24 South Weber Street, Suite 400 Colorado Springs, Colorado 80903
United States
wjr@sparkswillson.com
7196345700
7196338477
The docket/reference number is 5273.002 .



ADDITIONAL STATEMENTS
Description of mark
The mark consists of the wording "ABSOLUTE ZERO" in stylized font where the letters are shaded blue and outlined in black and white.

SIGNATURE(S)
Declaration Signature

DECLARATION: The signatory being warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. § 1001, and that such willful false statements and the like may jeopardize the validity of the application or submission or any registration resulting therefrom, declares that, if the applicant submitted the application or allegation of use (AOU) unsigned, all statements in the application or AOU and this submission based on the signatory's own knowledge are true, and all statements in the application or AOU and this submission made on information and belief are believed to be true.

STATEMENTS FOR UNSIGNED SECTION 1(a) APPLICATION/AOU: If the applicant filed an unsigned application under 15 U.S.C. §1051(a) or AOU under 15 U.S.C. §1051(c), the signatory additionally believes that: the applicant is the owner of the mark sought to be registered; the mark is in use in commerce and was in use in commerce as of the filing date of the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; the original specimen(s), if applicable, shows the mark in use in commerce as of the filing date of the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; for a collective trademark, collective service mark, collective membership mark application, or certification mark application, the applicant is exercising legitimate control over the use of the mark in commerce and was exercising legitimate control over the use of the mark in commerce as of the filing date of the application or AOU; for a certification mark application, the applicant is not engaged 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. To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services/collective membership organization of such other persons, to cause confusion or mistake, or to deceive.

STATEMENTS FOR UNSIGNED SECTION 1(b)/SECTION 44 APPLICATION AND FOR SECTION 66(a) COLLECTIVE/CERTIFICATION MARK APPLICATION: If the applicant filed an unsigned application under 15 U.S.C. §§ 1051(b), 1126(d), and/or 1126(e), or filed a collective/certification mark application under 15 U.S.C. §1141f(a), the signatory additionally believes that: for a trademark or service mark application, the applicant is entitled to use the mark in commerce on or in connection with the goods/services specified in the application; the applicant has a bona fide intention to use the mark in commerce and had a bona fide intention to use the mark in commerce as of the application filing date; for a collective trademark, collective service mark, collective membership mark, or certification mark application, the applicant has a bona fide intention, and is entitled, to exercise legitimate control over the use of the mark in commerce and had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce as of the application filing date; the signatory is properly authorized to execute the declaration on behalf of the applicant; for a certification mark application, 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. To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services/collective membership organization of such other persons, to cause confusion or mistake, or to deceive.



Signature: /William J Robers/      Date: 04/10/2019
Signatory's Name: William J Robers
Signatory's Position: Attorney of record, Colorado and California bar member
Signatory's Phone Number: 719-634-5700


Response Signature
Signature: /William J Robers/     Date: 04/10/2019
Signatory's Name: William J Robers
Signatory's Position: Attorney of record, Colorado and California bar member

Signatory's Phone Number: 719-634-5700

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.

Mailing Address:    William J Robers
   Sparks Willson Borges Brandt & Johnson
   24 South Weber Street, Suite 400
   Colorado Springs, Colorado 80903
        
Serial Number: 88242012
Internet Transmission Date: Wed Apr 10 11:27:34 EDT 2019
TEAS Stamp: USPTO/ROA-XXX.XX.XXX.XXX-201904101127344
63572-88242012-620b04532b3dd99c41320e3a8
2161b37a77af92dc8a316b9c1552543e078d1d75
d-N/A-N/A-20190410111753381529



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