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. 88289327 FINAL FANTASY ADVENTURE(Standard Characters, see http://uspto.report/TM/88289327/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 Computer game software; video game software; sound recordings in the form of optical discs, magnetic discs and semiconductor ROMs all featuring music and fictional stories; audio visual recordings in the form of optical discs, magnetic discs and semiconductor ROMs all featuring music and animated fictional stories; prerecorded compact discs featuring music; prerecorded video discs featuring music and animated fictional stories; mouse pads; straps for cellular phones; downloadable musical sound recordings; downloadable ring tones for mobile phones; downloadable image files containing artworks, texts, graphics and photographs relating to video games, animated characters, card games, computer games, comics, novels, and magazines; downloadable wallpaper graphics for mobile phones; downloadable electronic publications in the nature of magazines, journals and newsletters in the field of computer games and video 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: Computer game software; Downloadable computer game software; video game software; recorded computer game software; downloadable video game software; recorded video game software; sound recordings in the form of optical discs, magnetic discs and semiconductor ROMs all featuring music and fictional stories; audio visual recordings in the form of optical discs, magnetic discs and semiconductor ROMs all featuring music and animated fictional stories; prerecorded compact discs featuring music; prerecorded video discs featuring music and animated fictional stories; mouse pads; straps for cellular phones; downloadable musical sound recordings; downloadable ring tones for mobile phones; downloadable image files containing artworks, texts, graphics and photographs relating to video games, animated characters, card games, computer games, comics, novels, and magazines; downloadable wallpaper graphics for mobile phones; downloadable electronic publications in the nature of magazines, journals and newsletters in the field of computer games and video gamesClass 009 for Downloadable computer game software; recorded computer game software; downloadable video game software; recorded video game software; sound recordings in the form of optical discs, magnetic discs and semiconductor ROMs all featuring music and fictional stories; audio visual recordings in the form of optical discs, magnetic discs and semiconductor ROMs all featuring music and animated fictional stories; prerecorded compact discs featuring music; prerecorded video discs featuring music and animated fictional stories; mouse pads; straps for cellular phones; downloadable musical sound recordings; downloadable ring tones for mobile phones; downloadable image files containing artworks, texts, graphics and photographs relating to video games, animated characters, card games, computer games, comics, novels, and magazines; downloadable wallpaper graphics for mobile phones; downloadable electronic publications in the nature of magazines, journals and newsletters in the field of computer games and 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 028 for Dolls; toy figures; plush toys; stuffed toys; inflatable toys; toy scale models; toy vehicles; toy guns; toy swords; playing cards; card games; board games; jigsaw puzzles; hand held units for playing video games other than those adapted for use with an external display screen or monitor; video game controllers
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: Dolls; toy figures; plush toys; stuffed toys; inflatable toys; toy scale models; toy scale model kits; toy vehicles; toy guns; toy swords; playing cards; card games; board games; jigsaw puzzles; hand held units for playing video games other than those adapted for use with an external display screen or monitor; video game controllersClass 028 for Dolls; toy figures; plush toys; stuffed toys; inflatable toys; toy scale model kits; toy vehicles; toy guns; toy swords; playing cards; card games; board games; jigsaw puzzles; hand held units for playing video games other than those adapted for use with an external display screen or monitor; video game controllers
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 Providing amusement facilities; amusement arcades; providing on-line computer games; providing on-line video games; providing information on computer game strategies and video game strategies via computer networks and global communication networks; providing information on entertainment in the field of computer games, video games, card games, animated cartoons, comics, novels and magazines; providing on-line non-downloadable comics; providing on-line non-downloadable magazines, journals and newsletters in the field of computer games, video games, cartoons and general entertainment; arranging, conducting and organization of concerts and music events; providing on-line non-downloadable images and pictures; providing on-line music, not downloadable; providing on-line non-downloadable audio and video content; musical entertainment services; providing information on musical performances and presentation of films; movie theatre presentations or movie film production and distribution
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: Providing amusement facilities; amusement arcades; providing on-line computer games; providing on-line video games; providing information on computer game strategies and video game strategies via computer networks and global communication networks; providing information on entertainment in the field of computer games, video games, card games, animated cartoons, comics, novels and magazines; providing on-line non-downloadable comics; providing on-line non-downloadable magazines, journals and newsletters in the field of computer games, video games, cartoons and general entertainment; arranging, conducting and organization of concerts and music events; providing on-line non-downloadable images and pictures; providing on-line music, not downloadable; providing on-line non-downloadable audio and video content; musical entertainment services; musical entertainment services, namely, providing live performances by musical bands, theater performances by virtual performers on screen and theatrical performances of a recorded concert; providing information on musical performances and presentation of films; movie theatre presentations or movie film production and distributionClass 041 for Providing amusement facilities; amusement arcades; providing on-line computer games; providing on-line video games; providing information on computer game strategies and video game strategies via computer networks and global communication networks; providing information on entertainment in the field of computer games, video games, card games, animated cartoons, comics, novels and magazines; providing on-line non-downloadable comics; providing on-line non-downloadable magazines, journals and newsletters in the field of computer games, video games, cartoons and general entertainment; arranging, conducting and organization of concerts and music events; providing on-line non-downloadable images and pictures; providing on-line music, not downloadable; providing on-line non-downloadable audio and video content; musical entertainment services, namely, providing live performances by musical bands, theater performances by virtual performers on screen and theatrical performances of a recorded concert; providing information on musical performances and presentation of films
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: Karen Lim. Karen Lim of FROSS ZELNICK LEHRMAN & ZISSU, P.C., is located at

      4 TIMES SQUARE, 17TH FLOOR
      NEW YORK, New York 10036
      US
The docket/reference number is KKSH 1902197.

The phone number is 212-813-8296.

The email address is KLim-Docket@fzlz.com

The applicants proposed attorney information: Karen Lim. Karen Lim of FROSS ZELNICK LEHRMAN & ZISSU, P.C., is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      151 West 42nd Street, 17th Floor
      New York, New York 10036
      United States
The docket/reference number is KKSH 1902197.

The phone number is 212-813-8296.

The email address is klim-docket@fzlz.com

Karen Lim 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: KAREN LIM. KAREN LIM of FROSS ZELNICK LEHRMAN & ZISSU, P.C., is located at

      4 TIMES SQUARE, 17TH FLOOR
      NEW YORK, New York 10036
      US
The docket/reference number is KKSH 1902197.

The phone number is 212-813-8296.

The email address is KLim-Docket@fzlz.com

The applicants proposed correspondence information: Karen Lim. Karen Lim of FROSS ZELNICK LEHRMAN & ZISSU, P.C., is located at

      151 West 42nd Street, 17th Floor
      New York, New York 10036
      United States
The docket/reference number is KKSH 1902197.

The phone number is 212-813-8296.

The email address is klim-docket@fzlz.com

SIGNATURE(S)
Response Signature
Signature: /kl/     Date: 08/21/2019
Signatory's Name: Karen Lim
Signatory's Position: Attorney of Record, New York State Bar Member

Signatory's Phone Number: 212-813-5900

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:    KAREN LIM
   FROSS ZELNICK LEHRMAN & ZISSU, P.C.
   
   4 TIMES SQUARE, 17TH FLOOR
   NEW YORK, New York 10036
Mailing Address:    Karen Lim
   FROSS ZELNICK LEHRMAN & ZISSU, P.C.
   151 West 42nd Street, 17th Floor
   New York, New York 10036
        
Serial Number: 88289327
Internet Transmission Date: Thu Aug 22 10:14:26 EDT 2019
TEAS Stamp: USPTO/ROA-XXX.XX.XXX.XXX-201908221014267
57177-88289327-610efcc7b25dfb4b2f4481be4
b7cfa579c4836849637dccf039e214b7cd42fc5-
N/A-N/A-20190821144127933122