Response to Office Action

T2

Take-Two Interactive Software, Inc.

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 88340525
LAW OFFICE ASSIGNED LAW OFFICE 105
MARK SECTION
MARK FILE NAME http://uspto.report/TM/88340525/mark.png
LITERAL ELEMENT T2
STANDARD CHARACTERS NO
USPTO-GENERATED IMAGE NO
EVIDENCE SECTION
        EVIDENCE FILE NAME(S)
       ORIGINAL PDF FILE evi_3812224034-20191202161310986062_._Office_Action_Response_for_T2_Logo.pdf
       CONVERTED PDF FILE(S)
       (24 pages)
\\TICRS\EXPORT17\IMAGEOUT17\883\405\88340525\xml4\ROA0002.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\883\405\88340525\xml4\ROA0003.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\883\405\88340525\xml4\ROA0004.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\883\405\88340525\xml4\ROA0005.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\883\405\88340525\xml4\ROA0006.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\883\405\88340525\xml4\ROA0007.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\883\405\88340525\xml4\ROA0008.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\883\405\88340525\xml4\ROA0009.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\883\405\88340525\xml4\ROA0010.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\883\405\88340525\xml4\ROA0011.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\883\405\88340525\xml4\ROA0012.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\883\405\88340525\xml4\ROA0013.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\883\405\88340525\xml4\ROA0014.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\883\405\88340525\xml4\ROA0015.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\883\405\88340525\xml4\ROA0016.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\883\405\88340525\xml4\ROA0017.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\883\405\88340525\xml4\ROA0018.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\883\405\88340525\xml4\ROA0019.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\883\405\88340525\xml4\ROA0020.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\883\405\88340525\xml4\ROA0021.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\883\405\88340525\xml4\ROA0022.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\883\405\88340525\xml4\ROA0023.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\883\405\88340525\xml4\ROA0024.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\883\405\88340525\xml4\ROA0025.JPG
DESCRIPTION OF EVIDENCE FILE APPLICANT'S RESPONSE TO OFFICE ACTION DATED MAY 30, 2019
GOODS AND/OR SERVICES SECTION (009)(current)
INTERNATIONAL CLASS 009
DESCRIPTION
Computer and video game programs and software; downloadable computer and video game programs and software; downloadable digital materials, namely, ring tones, wallpapers, screensavers, digital music files, and graphics, videos, films, multimedia files, live action programs, motion pictures, and animation in the field of video games and computer games, all delivered via global computer networks and wireless networks; pre-recorded digital media featuring computer games and video games, ring tones, wallpapers, screensavers, digital music files, and graphics, videos, films, multimedia files, live action programs, motion pictures, and animation in the field of video games and computer games
FILING BASIS Section 1(a)
        FIRST USE ANYWHERE DATE At least as early as 10/31/2005
        FIRST USE IN COMMERCE DATE At least as early as 10/31/2005
GOODS AND/OR SERVICES SECTION (009)(proposed)
INTERNATIONAL CLASS 009
TRACKED TEXT DESCRIPTION
Computer and video game programs and software; Recorded computer and video game programs and software; downloadable computer and video game programs and software; downloadable digital materials, namely, ring tones, wallpapers, screensavers, digital music files, and graphics, videos, films, multimedia files, live action programs, motion pictures, and animation in the field of video games and computer games, all delivered via global computer networks and wireless networks; pre-recorded digital media featuring computer games and video games, ring tones, wallpapers, screensavers, digital music files, and graphics, videos, films, multimedia files, live action programs, motion pictures, and animation in the field of video games and computer games; pre-recorded digital media featuring computer games and video games, ring tones, wallpapers, screensavers, digital music files, and graphics, videos, films, multimedia files, live action programs, motion pictures, and animation in the field of video games and computer games
FINAL DESCRIPTION
Recorded computer and video game programs and software ; downloadable computer and video game programs and software; downloadable digital materials, namely, ring tones, wallpapers, screensavers, digital music files, and graphics, videos, films, multimedia files, live action programs, motion pictures, and animation in the field of video games and computer games, all delivered via global computer networks and wireless networks; pre-recorded digital media featuring computer games and video games, ring tones, wallpapers, screensavers, digital music files, and graphics, videos, films, multimedia files, live action programs, motion pictures, and animation in the field of video games and computer games
FILING BASIS Section 1(a)
       FIRST USE ANYWHERE DATE At least as early as 10/31/2005
       FIRST USE IN COMMERCE DATE At least as early as 10/31/2005
GOODS AND/OR SERVICES SECTION (041)(current)
INTERNATIONAL CLASS 041
DESCRIPTION
Entertainment services, namely, providing a website featuring computer games and video games, and news, information and non-downloadable audio-visual content, music, films, videos and other multimedia materials in the field of computer games and video games; providing information, news and commentary in the field of computer games and video games
FILING BASIS Section 1(a)
        FIRST USE ANYWHERE DATE At least as early as 10/31/2005
        FIRST USE IN COMMERCE DATE At least as early as 10/31/2005
GOODS AND/OR SERVICES SECTION (041)(proposed)
INTERNATIONAL CLASS 041
TRACKED TEXT DESCRIPTION
Entertainment services, namely, providing a website featuring computer games and video games, and news, information and non-downloadable audio-visual content, music, films, videos and other multimedia materials in the field of computer games and video games; Entertainment services, namely, providing a website featuring computer games and video games, and news, information and non-downloadable audio-visual content, in the nature of music, films, videos and multimedia entertainment content, all in the field of computer games and video games; providing information, news and commentary in the field of computer games and video games
FINAL DESCRIPTION
Entertainment services, namely, providing a website featuring computer games and video games, and news, information and non-downloadable audio-visual content, in the nature of music, films, videos and multimedia entertainment content, all in the field of computer games and video games; providing information, news and commentary in the field of computer games and video games
FILING BASIS Section 1(a)
       FIRST USE ANYWHERE DATE At least as early as 10/31/2005
       FIRST USE IN COMMERCE DATE At least as early as 10/31/2005
SIGNATURE SECTION
RESPONSE SIGNATURE /KelliDOrtega/
SIGNATORY'S NAME Kelli D. Ortega
SIGNATORY'S POSITION Attorney of record, New York bar member, Kelley Drye & Warren LLP
SIGNATORY'S PHONE NUMBER 212 808 7800
DATE SIGNED 12/02/2019
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Mon Dec 02 16:17:31 EST 2019
TEAS STAMP USPTO/ROA-XX.XXX.XXX.XX-2
0191202161731906791-88340
525-700f035e6716dc73d7a2d
7af6838b1de6b1886dd40e7b5
d254a89249cae3159d-N/A-N/
A-20191202161310986062



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. 88340525 T2 (Stylized and/or with Design, see http://uspto.report/TM/88340525/mark.png) has been amended as follows:

EVIDENCE
Evidence in the nature of APPLICANT'S RESPONSE TO OFFICE ACTION DATED MAY 30, 2019 has been attached.
Original PDF file:
evi_3812224034-20191202161310986062_._Office_Action_Response_for_T2_Logo.pdf
Converted PDF file(s) ( 24 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Evidence-6
Evidence-7
Evidence-8
Evidence-9
Evidence-10
Evidence-11
Evidence-12
Evidence-13
Evidence-14
Evidence-15
Evidence-16
Evidence-17
Evidence-18
Evidence-19
Evidence-20
Evidence-21
Evidence-22
Evidence-23
Evidence-24

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 009 for Computer and video game programs and software; downloadable computer and video game programs and software; downloadable digital materials, namely, ring tones, wallpapers, screensavers, digital music files, and graphics, videos, films, multimedia files, live action programs, motion pictures, and animation in the field of video games and computer games, all delivered via global computer networks and wireless networks; pre-recorded digital media featuring computer games and video games, ring tones, wallpapers, screensavers, digital music files, and graphics, videos, films, multimedia files, live action programs, motion pictures, and animation in the field of video games and computer games
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 10/31/2005 and first used in commerce at least as early as 10/31/2005 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Computer and video game programs and software; Recorded computer and video game programs and software; downloadable computer and video game programs and software; downloadable digital materials, namely, ring tones, wallpapers, screensavers, digital music files, and graphics, videos, films, multimedia files, live action programs, motion pictures, and animation in the field of video games and computer games, all delivered via global computer networks and wireless networks; pre-recorded digital media featuring computer games and video games, ring tones, wallpapers, screensavers, digital music files, and graphics, videos, films, multimedia files, live action programs, motion pictures, and animation in the field of video games and computer games; pre-recorded digital media featuring computer games and video games, ring tones, wallpapers, screensavers, digital music files, and graphics, videos, films, multimedia files, live action programs, motion pictures, and animation in the field of video games and computer gamesClass 009 for Recorded computer and video game programs and software ; downloadable computer and video game programs and software; downloadable digital materials, namely, ring tones, wallpapers, screensavers, digital music files, and graphics, videos, films, multimedia files, live action programs, motion pictures, and animation in the field of video games and computer games, all delivered via global computer networks and wireless networks; pre-recorded digital media featuring computer games and video games, ring tones, wallpapers, screensavers, digital music files, and graphics, videos, films, multimedia files, live action programs, motion pictures, and animation in the field of video games and computer games
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 10/31/2005 and first used in commerce at least as early as 10/31/2005 , and is now in use in such commerce.
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 041 for Entertainment services, namely, providing a website featuring computer games and video games, and news, information and non-downloadable audio-visual content, music, films, videos and other multimedia materials in the field of computer games and video games; providing information, news and commentary in the field of computer games and video games
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 10/31/2005 and first used in commerce at least as early as 10/31/2005 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Entertainment services, namely, providing a website featuring computer games and video games, and news, information and non-downloadable audio-visual content, music, films, videos and other multimedia materials in the field of computer games and video games; Entertainment services, namely, providing a website featuring computer games and video games, and news, information and non-downloadable audio-visual content, in the nature of music, films, videos and multimedia entertainment content, all in the field of computer games and video games; providing information, news and commentary in the field of computer games and video gamesClass 041 for Entertainment services, namely, providing a website featuring computer games and video games, and news, information and non-downloadable audio-visual content, in the nature of music, films, videos and multimedia entertainment content, all in the field of computer games and video games; providing information, news and commentary in the field of computer games and video games
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 10/31/2005 and first used in commerce at least as early as 10/31/2005 , and is now in use in such commerce.
SIGNATURE(S)
Response Signature
Signature: /KelliDOrtega/     Date: 12/02/2019
Signatory's Name: Kelli D. Ortega
Signatory's Position: Attorney of record, New York bar member, Kelley Drye & Warren LLP

Signatory's Phone Number: 212 808 7800

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.

        
Serial Number: 88340525
Internet Transmission Date: Mon Dec 02 16:17:31 EST 2019
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XX-2019120216173190
6791-88340525-700f035e6716dc73d7a2d7af68
38b1de6b1886dd40e7b5d254a89249cae3159d-N
/A-N/A-20191202161310986062


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