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. 88307782 SOLVE(Standard Characters, see http://uspto.report/TM/88307782/mark.png) has been amended as follows:

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

arguments enclosed in evidence section

EVIDENCE
Evidence in the nature of arguments enclosed has been attached.
Original PDF file:
evi_249421206-20191104224248807752_._SOLVE__US__-_9_-_Response_to_Office_Action.pdf
Converted PDF file(s) ( 10 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Evidence-6
Evidence-7
Evidence-8
Evidence-9
Evidence-10

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 009 for Downloadable computer game software via a global computer network and wireless devices; Downloadable computer software applications via a global computer network and wireless devices featuring videos and films in the fields of drama, live action, and comedy entertainment; Computer software, namely, computer software for streaming audio-visual media content via the Internet to mobile digital electronic devices and to downloadable players for viewing audio-visual media content in the fields of drama, live action, and comedy entertainment
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: Downloadable computer game software via a global computer network and wireless devices; Computer game software downloadable from a global computer network to wireless devices; Downloadable computer software applications via a global computer network and wireless devices featuring videos and films in the fields of drama, live action, and comedy entertainment; Downloadable computer software applications for transmitting videos and films in the fields of drama, live action, and comedy entertainment to wireless devices via a global computer network; Computer software, namely, computer software for streaming audio-visual media content via the Internet to mobile digital electronic devices and to downloadable players for viewing audio-visual media content in the fields of drama, live action, and comedy entertainment; Computer software, namely, downloadable computer software for streaming audio-visual media content via the Internet to mobile digital electronic devices and to downloadable media players for viewing audio-visual media content in the fields of drama, live action, and comedy entertainmentClass 009 for Computer game software downloadable from a global computer network to wireless devices; Downloadable computer software applications for transmitting videos and films in the fields of drama, live action, and comedy entertainment to wireless devices via a global computer network; Computer software, namely, downloadable computer software for streaming audio-visual media content via the Internet to mobile digital electronic devices and to downloadable media players for viewing audio-visual media content in the fields of drama, live action, and comedy entertainment
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 hereby adds the following class of goods/services to the application:
New: Class 042 for Providing temporary use of non-downloadable computer software for streaming audio-visual media content via the Internet to mobile digital electronic devices and to downloadable media players for viewing audio-visual media content in the fields of drama, live action, and comedy entertainment
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: John Paul Oleksiuk. John Paul Oleksiuk of COOLEY LLP, is located at

      1299 PENNSYLVANIA AVENUE, NW, SUITE 700
      WASHINGTON, District of Columbia 20004-2400
      US
The docket/reference number is 335152-20000.

The phone number is 310-883-6427.

The fax number is (202) 842-7899.

The email address is trademarks@cooley.com

The applicants proposed attorney information: John Paul Oleksiuk. Other appointed attorneys are Salsabil Ahmed, Jane van Benten, Colleen Wellington-Caban, Susan Piascik Christoff, John W. Crittenden, Brian Focarino, Bobby A. Ghajar, Jeffrey Greene, Colette A. Ghazarian, Rebecca Givner-Forbes, Shannan Higgins, Ariana Gallisa Hiscott, Brendan J. Hughes, Judd D. Lauter, Lori A. Levine, Rose Mendenhall Kautz, Anne H. Peck, Marcus D. Peterson, Elisa Rosen, Dina Roumiantseva, and Shane Rumbaugh. John Paul Oleksiuk of COOLEY LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      1299 PENNSYLVANIA AVENUE, NW, SUITE 700
      WASHINGTON, District of Columbia 20004-2400
      United States
The docket/reference number is 335152-20000.

The phone number is 310-883-6427.

The fax number is (202) 842-7899.

The email address is trademarks@cooley.com

John Paul Oleksiuk 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: JOHN PAUL OLEKSIUK. JOHN PAUL OLEKSIUK of COOLEY LLP, is located at

      1299 PENNSYLVANIA AVENUE, NW, SUITE 700
      WASHINGTON, District of Columbia 20004-2400
      US
The docket/reference number is 335152-20000.

The phone number is 310-883-6427.

The fax number is (202) 842-7899.

The email address is trademarks@cooley.com

The applicants proposed correspondence information: John Paul Oleksiuk. John Paul Oleksiuk of COOLEY LLP, is located at

      1299 PENNSYLVANIA AVENUE, NW, SUITE 700
      WASHINGTON, District of Columbia 20004-2400
      United States
The docket/reference number is 335152-20000.

The phone number is 310-883-6427.

The fax number is (202) 842-7899.

The email address is trademarks@cooley.com

FEE(S)
Fee(s) in the amount of $275 is being submitted.

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: /Marcus Peterson/      Date: 11/04/2019
Signatory's Name: Marcus D. Peterson
Signatory's Position: Attorney of Record, CA Bar Member
Signatory's Phone Number: N/A


Response Signature
Signature: /Marcus Peterson/     Date: 11/04/2019
Signatory's Name: Marcus D. Peterson
Signatory's Position: Attorney of record, California bar member

Signatory's Phone Number: 310-883-6400

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:    JOHN PAUL OLEKSIUK
   COOLEY LLP
   
   1299 PENNSYLVANIA AVENUE, NW, SUITE 700
   WASHINGTON, District of Columbia 20004-2400
Mailing Address:    John Paul Oleksiuk
   COOLEY LLP
   1299 PENNSYLVANIA AVENUE, NW, SUITE 700
   WASHINGTON, District of Columbia 20004-2400
        
RAM Sale Number: 88307782
RAM Accounting Date: 11/04/2019
        
Serial Number: 88307782
Internet Transmission Date: Mon Nov 04 23:21:47 EST 2019
TEAS Stamp: USPTO/ROA-XX.XX.XX.XXX-20191104232147561
268-88307782-700124c9944c8d56b71e7340f6c
92cab142f643d90346e8c873486eb34fbd-DA-21
474784-20191104224248807752