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. 88334830 G V (Stylized and/or with Design, see http://uspto.report/TM/88334830/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 016 for Printed matter and paper goods, namely, art prints, book sleeves, bookmarks, bookends, bookplates, cases specially adapted to carry books, coasters, greeting cards, maps, postcards, posters, stickers, tarot cards, temporary tattoo transfers, wax stamp; wooden goods, namely, bookmarks; Leather goods, namely, bookmarks, coasters; goods made of fabric, namely, coasters
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: Printed matter and paper goods, namely, art prints, book sleeves, bookmarks, bookends, bookplates, cases specially adapted to carry books, coasters, greeting cards, maps, postcards, posters, stickers, tarot cards, temporary tattoo transfers, wax stamp; Printed matter and paper goods, namely, art prints, book sleeves in the nature of book covers, bookmarks, bookends, bookplates, cases specially adapted to carry books, paper coasters, greeting cards, maps, postcards, posters, stickers, tarot cards, and temporary tattoo transfers; wax stamp, namely, sealing stamp intended for use with wax; Leather goods, namely, bookmarks, coasters; wooden goods, namely, bookmarks; goods made of fabric, namely, coasters; Leather goods, namely, bookmarksClass 016 for Printed matter and paper goods, namely, art prints, book sleeves in the nature of book covers, bookmarks, bookends, bookplates, cases specially adapted to carry books, paper coasters, greeting cards, maps, postcards, posters, stickers, tarot cards, and temporary tattoo transfers; wax stamp, namely, sealing stamp intended for use with wax; wooden goods, namely, bookmarks; Leather goods, namely, bookmarks
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 018 for Carrying bags and pouches, namely, backpacks, makeup bags and pouches, pencil bags and pouches, tote bags and pouches, messenger bags and pouches; umbrellas
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: Carrying bags and pouches, namely, backpacks, makeup bags and pouches, pencil bags and pouches, tote bags and pouches, messenger bags and pouches; Carrying bags and pouches, namely, backpacks, makeup bags sold empty, makeup pouches sold empty, tote bags and fabric pouches for use with the tote bags, messenger bags and fabric pouches for use with the messenger bags; umbrellasClass 018 for Carrying bags and pouches, namely, backpacks, makeup bags sold empty, makeup pouches sold empty, tote bags and fabric pouches for use with the tote bags, messenger bags and fabric pouches for use with the messenger bags; umbrellas
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 025 for Apparel for women, men, and children, namely, aprons, cuffs, fingerless gloves, hats, infant onesies
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: Apparel for women, men, and children, namely, aprons, cuffs, fingerless gloves, hats, infant onesies; Apparel for women, men, and children, namely, aprons, cuffs, fingerless gloves, hats, and infant one-piece garmentsClass 025 for Apparel for women, men, and children, namely, aprons, cuffs, fingerless gloves, hats, and infant one-piece garments
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 a website featuring information about books, characters, and imaginary worlds, quizzes, non-downloadable online videos, downloadable images, maps and lesson plans
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 a website featuring information about books, characters, and imaginary worlds, quizzes, non-downloadable online videos, downloadable images, maps and lesson plans; Providing a website featuring entertainment information about books, characters, and imaginary worlds; Providing online nondownloadable quizzes for entertainment purposes in the field of fantasy stories relating to imaginary worlds; Providing non-downloadable online videos in the field of fantasy stories relating to imaginary worldsClass 041 for Providing a website featuring entertainment information about books, characters, and imaginary worlds; Providing online nondownloadable quizzes for entertainment purposes in the field of fantasy stories relating to imaginary worlds; Providing non-downloadable online videos in the field of fantasy stories relating to imaginary worlds
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 009 for Downloadable images, maps and lesson plans in the nature of teacher guides, all in the field of fantasy stories relating to imaginary worlds
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: Christopher J. Palermo. Christopher J. Palermo of HICKMAN PALERMO BECKER BINGHAM LLP, is located at

      1 ALMADEN BOULEVARD, FLOOR 12
      SAN JOSE, California 95113
      US
The docket/reference number is 60533-0011.

The phone number is 408-414-1202.

The fax number is 408-414-1076.

The email address is trademarks@h35g.com

The applicants proposed attorney information: Christopher J. Palermo. Other appointed attorneys are EDWARD A. BECKER, MARCEL K. BINGHAM, BRIAN D. HICKMAN, MALGORZATA KULCZYCKA, DANIEL D. LEDESMA, ADAM C. STONE, MARYAM IMAM, AGATHA H. LIU, TINA WANG, CATO YANG, SANJEEV BAJWA, ELLIOT H. KARLIN, RAEEUN JANG, JEFFREY MADRAK, TAMMY MEIKLE, IRYNA VYSHYNSKA. Christopher J. Palermo of HICKMAN PALERMO BECKER BINGHAM 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

      1 ALMADEN BOULEVARD, FLOOR 12
      SAN JOSE, California 95113
      United States
The docket/reference number is 60533-0011.

The phone number is 408-414-1202.

The fax number is 408-414-1076.

The email address is trademarks@h35g.com

Christopher J. Palermo 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: CHRISTOPHER J. PALERMO. CHRISTOPHER J. PALERMO of HICKMAN PALERMO BECKER BINGHAM LLP, is located at

      1 ALMADEN BOULEVARD, FLOOR 12
      SAN JOSE, California 95113
      US
The docket/reference number is 60533-0011.

The phone number is 408-414-1202.

The fax number is 408-414-1076.

The email address is trademarks@h35g.com

The applicants proposed correspondence information: Christopher J. Palermo. Christopher J. Palermo of HICKMAN PALERMO BECKER BINGHAM LLP, is located at

      1 ALMADEN BOULEVARD, FLOOR 12
      SAN JOSE, California 95113
      United States
The docket/reference number is 60533-0011.

The phone number is 408-414-1202.

The fax number is 408-414-1076.

The email address is trademarks@h35g.com

ADDITIONAL STATEMENTS
Description of mark
The mark consists of the stylized letters "GV" overlapping, with a sword pointed downward behind the overlapping letters.

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: /ChristopherJPalermo/      Date: 08/20/2019
Signatory's Name: Christopher J. Palermo
Signatory's Position: Attorney of record, California Bar member
Signatory's Phone Number: 4084141202


Response Signature
Signature: /ChristopherJPalermo/     Date: 08/20/2019
Signatory's Name: Christopher J. Palermo
Signatory's Position: Attorney of record, California bar member

Signatory's Phone Number: 4084141202

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:    CHRISTOPHER J. PALERMO
   HICKMAN PALERMO BECKER BINGHAM LLP
   
   1 ALMADEN BOULEVARD, FLOOR 12
   SAN JOSE, California 95113
Mailing Address:    Christopher J. Palermo
   HICKMAN PALERMO BECKER BINGHAM LLP
   1 ALMADEN BOULEVARD, FLOOR 12
   SAN JOSE, California 95113
        
RAM Sale Number: 88334830
RAM Accounting Date: 08/20/2019
        
Serial Number: 88334830
Internet Transmission Date: Tue Aug 20 14:32:49 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XXX-201908201432493
69781-88334830-61048e7df5876b3d1c93a1646
dd83c9905e5cb39492fe33964a28aa4bf8635231
dc-CC-32436010-20190820141718885473