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 |
88337756 |
LAW OFFICE ASSIGNED |
LAW OFFICE 102 |
MARK SECTION |
MARK |
http://uspto.report/TM/88337756/mark.png |
LITERAL ELEMENT |
EVERYTHING YOU |
STANDARD CHARACTERS |
YES |
USPTO-GENERATED IMAGE |
YES |
MARK STATEMENT |
The mark consists of standard characters, without claim to any particular font style, size or color. |
GOODS AND/OR SERVICES SECTION (009)(no change) |
GOODS AND/OR SERVICES SECTION (038)(no change) |
GOODS AND/OR SERVICES SECTION (041)(current) |
INTERNATIONAL CLASS |
041 |
DESCRIPTION |
Computer services, namely, providing non-downloadable ringtones, wallpapers, electronic texts in the nature of short textual messages
in the nature of greetings, jokes, sayings and sentiments; electronic games; non-downloadable computer software for mobile phone preset screens in the nature of downloadable mobile phone preset
screen themes comprising personalized appearance for icons, wallpaper, navigation bars and menus |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (041)(proposed) |
INTERNATIONAL CLASS |
041 |
TRACKED TEXT DESCRIPTION |
Computer services, namely, providing non-downloadable ringtones, wallpapers, electronic texts in the
nature of short textual messages in the nature of greetings, jokes, sayings and sentiments; Entertainment services, namely, providing non-downloadable ringtones,
wallpapers, electronic texts in the nature of short textual messages in the nature of greetings, jokes, sayings and sentiments; electronic games;
electronic games services provided via the Internet; non-downloadable computer software for mobile phone preset screens in the
nature of downloadable mobile phone preset screen themes comprising personalized appearance for icons, wallpaper, navigation bars and menus |
FINAL DESCRIPTION |
Entertainment services, namely, providing non-downloadable ringtones, wallpapers, electronic texts in the nature of short textual
messages in the nature of greetings, jokes, sayings and sentiments; electronic games services provided via the Internet |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (042)(class added) |
INTERNATIONAL CLASS |
042 |
DESCRIPTION |
Providing temporary use of non-downloadable computer software for mobile phone preset screens which software provides the user with the
ability to search, modify, and access downloadable mobile phone preset screen themes comprising personalized appearance for icons, wallpaper, navigation bars and menus |
FILING BASIS |
Section 1(b) |
ATTORNEY SECTION (current) |
NAME |
Joshua W. Newman |
ATTORNEY BAR MEMBERSHIP NUMBER |
NOT SPECIFIED |
YEAR OF ADMISSION |
NOT SPECIFIED |
U.S. STATE/ COMMONWEALTH/ TERRITORY |
NOT SPECIFIED |
FIRM NAME |
REED SMITH LLP |
STREET |
10 SOUTH WACKER DRIVE |
CITY |
CHICAGO |
STATE |
Illinois |
POSTAL CODE |
60606 |
COUNTRY |
US |
PHONE |
312-207-1000 |
FAX |
312-207-6400 |
EMAIL |
IPDocket-CHI@reedsmith.com |
AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
ATTORNEY SECTION (proposed) |
NAME |
Joshua W. Newman |
ATTORNEY BAR MEMBERSHIP NUMBER |
XXX |
YEAR OF ADMISSION |
XXXX |
U.S. STATE/ COMMONWEALTH/ TERRITORY |
XX |
FIRM NAME |
REED SMITH LLP |
STREET |
10 SOUTH WACKER DRIVE |
CITY |
CHICAGO |
STATE |
Illinois |
POSTAL CODE |
60606 |
COUNTRY |
United States |
PHONE |
312-207-1000 |
FAX |
312-207-6400 |
EMAIL |
IPDocket-CHI@reedsmith.com |
AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
OTHER APPOINTED ATTORNEY |
John A. Cullis, Lawrence E. James, Jr., Keyonn L. Pope and Nina Habib Borders |
CORRESPONDENCE SECTION (current) |
NAME |
JOSHUA W. NEWMAN |
FIRM NAME |
REED SMITH LLP |
STREET |
10 SOUTH WACKER DRIVE |
CITY |
CHICAGO |
STATE |
Illinois |
POSTAL CODE |
60606 |
COUNTRY |
US |
PHONE |
312-207-1000 |
FAX |
312-207-6400 |
EMAIL |
IPDocket-CHI@reedsmith.com |
AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
CORRESPONDENCE SECTION (proposed) |
NAME |
Joshua W. Newman |
FIRM NAME |
REED SMITH LLP |
STREET |
10 SOUTH WACKER DRIVE |
CITY |
CHICAGO |
STATE |
Illinois |
POSTAL CODE |
60606 |
COUNTRY |
United States |
PHONE |
312-207-1000 |
FAX |
312-207-6400 |
EMAIL |
IPDocket-CHI@reedsmith.com |
AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
PAYMENT SECTION |
NUMBER OF CLASSES |
1 |
APPLICATION FOR REGISTRATION PER CLASS |
275 |
TOTAL FEES DUE |
275 |
SIGNATURE SECTION |
DECLARATION SIGNATURE |
/Joshua W. Newman/ |
SIGNATORY'S NAME |
Joshua W. Newman |
SIGNATORY'S POSITION |
Attorney of record, IL bar member |
SIGNATORY'S PHONE NUMBER |
312-207-1000 |
DATE SIGNED |
11/20/2019 |
RESPONSE SIGNATURE |
/Joshua W. Newman/ |
SIGNATORY'S NAME |
Joshua W. Newman |
SIGNATORY'S POSITION |
Attorney of record, IL bar member |
SIGNATORY'S PHONE NUMBER |
312-207-1000 |
DATE SIGNED |
11/20/2019 |
AUTHORIZED SIGNATORY |
YES |
FILING INFORMATION SECTION |
SUBMIT DATE |
Wed Nov 20 23:58:22 EST 2019 |
TEAS STAMP |
USPTO/ROA-XXX.XX.XXX.XX-2
0191120235822764869-88337
756-70046d322c6a9426032a9
dfb0e01e4aff69714c9b3b5a8
e4c31dae4f973c336d-CC-582
12788-2019112023390801414
6 |
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.
88337756 EVERYTHING YOU(Standard Characters, see http://uspto.report/TM/88337756/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 041 for Computer services, namely, providing non-downloadable ringtones, wallpapers, electronic texts in the nature of short textual messages in the nature of greetings, jokes,
sayings and sentiments; electronic games; non-downloadable computer software for mobile phone preset screens in the nature of downloadable mobile phone preset screen themes comprising personalized
appearance for icons, wallpaper, navigation bars and menus
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 services, namely, providing non-downloadable ringtones, wallpapers, electronic texts in the nature of short textual messages
in the nature of greetings, jokes, sayings and sentiments;
Entertainment services, namely, providing non-downloadable ringtones, wallpapers, electronic texts in
the nature of short textual messages in the nature of greetings, jokes, sayings and sentiments;
electronic games;
electronic games services provided via the Internet;
non-downloadable computer software for mobile phone preset screens in the nature of downloadable
mobile phone preset screen themes comprising personalized appearance for icons, wallpaper, navigation bars and menusClass 041 for Entertainment services, namely, providing non-downloadable
ringtones, wallpapers, electronic texts in the nature of short textual messages in the nature of greetings, jokes, sayings and sentiments; electronic games services provided via the Internet
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 mobile phone preset screens which software provides the user with the ability to search, modify, and access
downloadable mobile phone preset screen themes comprising personalized appearance for icons, wallpaper, navigation bars and menus
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: Joshua W. Newman. Joshua W. Newman of REED SMITH LLP, is located at
10 SOUTH WACKER DRIVE
CHICAGO, Illinois 60606
US
The phone number is 312-207-1000.
The fax number is 312-207-6400.
The email address is IPDocket-CHI@reedsmith.com
The applicants proposed attorney information: Joshua W. Newman. Other appointed attorneys are John A. Cullis, Lawrence E. James, Jr., Keyonn L. Pope and Nina Habib Borders. Joshua W. Newman of
REED SMITH 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
10 SOUTH WACKER DRIVE
CHICAGO, Illinois 60606
United States
The phone number is 312-207-1000.
The fax number is 312-207-6400.
The email address is IPDocket-CHI@reedsmith.com
Joshua W. Newman 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: JOSHUA W. NEWMAN. JOSHUA W. NEWMAN of REED SMITH LLP, is located at
10 SOUTH WACKER DRIVE
CHICAGO, Illinois 60606
US
The phone number is 312-207-1000.
The fax number is 312-207-6400.
The email address is IPDocket-CHI@reedsmith.com
The applicants proposed correspondence information: Joshua W. Newman. Joshua W. Newman of REED SMITH LLP, is located at
10 SOUTH WACKER DRIVE
CHICAGO, Illinois 60606
United States
The phone number is 312-207-1000.
The fax number is 312-207-6400.
The email address is IPDocket-CHI@reedsmith.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: /Joshua W. Newman/ Date: 11/20/2019
Signatory's Name: Joshua W. Newman
Signatory's Position: Attorney of record, IL bar member
Signatory's Phone Number: 312-207-1000
Response Signature
Signature: /Joshua W. Newman/ Date: 11/20/2019
Signatory's Name: Joshua W. Newman
Signatory's Position: Attorney of record, IL bar member
Signatory's Phone Number: 312-207-1000
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: JOSHUA W. NEWMAN
REED SMITH LLP
10 SOUTH WACKER DRIVE
CHICAGO, Illinois 60606
Mailing Address: Joshua W. Newman
REED SMITH LLP
10 SOUTH WACKER DRIVE
CHICAGO, Illinois 60606
RAM Sale Number: 88337756
RAM Accounting Date: 11/20/2019
Serial Number: 88337756
Internet Transmission Date: Wed Nov 20 23:58:22 EST 2019
TEAS Stamp: USPTO/ROA-XXX.XX.XXX.XX-2019112023582276
4869-88337756-70046d322c6a9426032a9dfb0e
01e4aff69714c9b3b5a8e4c31dae4f973c336d-C
C-58212788-20191120233908014146