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. 88342408 SQ42(Standard Characters, see http://uspto.report/TM/88342408/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 Entertainment services, namely, ongoing multimedia programs about a computer game featuring a fictional universe, accessible by web-based applications, mobile phone applications, and computer networks; entertainment provided via the Internet, namely, providing online massively multi-player video games; on-line entertainment services in the nature of online computer game tournaments; Providing on-line information in the field of computer gaming entertainment
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 03/03/2014 and first used in commerce at least as early as 03/03/2014 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Entertainment services, namely, ongoing multimedia programs about a computer game featuring a fictional universe, accessible by web-based applications, mobile phone applications, and computer networks; entertainment provided via the Internet, namely, providing online massively multi-player video games; on-line entertainment services in the nature of online computer game tournaments; on-line entertainment services, namely, providing online computer game tournaments; Providing on-line information in the field of computer gaming entertainmentClass 041 for Entertainment services, namely, ongoing multimedia programs about a computer game featuring a fictional universe, accessible by web-based applications, mobile phone applications, and computer networks; entertainment provided via the Internet, namely, providing online massively multi-player video games; on-line entertainment services, namely, providing online computer game tournaments; Providing on-line information in the field of computer gaming entertainment
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 03/03/2014 and first used in commerce at least as early as 03/03/2014 , and is now in use in such commerce.
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 319440-20000.

The phone number is 310-883-6400.

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, Shane Rumbaugh and Karen K. Won. 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 319440-20000.

The phone number is 310-883-6400.

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 319440-20000.

The phone number is 310-883-6400.

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 319440-20000.

The phone number is 310-883-6400.

The fax number is 202-842-7899.

The email address is trademarks@cooley.com

ADDITIONAL STATEMENTS
Miscellaneous Statement
A refusal is inappropriate because Applicant and the owner of the cited application, though separate legal entities, constitute a single source for purposes of TMEP 1201.07(b), so there is no likelihood of confusion. Applicant submits herewith a Declaration Under 37 C.F.R. 2.20 regarding a Unity of Control between Applicant and the owner of the cited application.

Original PDF file:
mis-249421206-20190823040639731544_._Cloud_Imperium_-_Unity_of_Control_Declaration.pdf
Converted PDF file(s) ( 1 page)
Miscellaneous File1

SIGNATURE(S)
Response Signature
Signature: /Colette Ghazarian/     Date: 08/26/2019
Signatory's Name: Colette A. Ghazarian
Signatory's Position: Attorney of Record, CA Bar Member

Signatory's Phone Number: (310) 883-6480

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
        
Serial Number: 88342408
Internet Transmission Date: Tue Aug 27 01:44:55 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XX.XX.XXX-20190827014455273
449-88342408-610f5bde47db07550302b94d5cf
bac1029f949831c6632b9dd4373fc5d48dc9c89-
N/A-N/A-20190826185709520170