Response to Office Action

BATTLEZONE

Philadelphia Americans, LLC

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 88356636
LAW OFFICE ASSIGNED LAW OFFICE 123
MARK SECTION
MARK http://uspto.report/TM/88356636/mark.png
LITERAL ELEMENT BATTLEZONE
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.
ARGUMENT(S)
Please see the actual argument text attached within the Evidence section.
EVIDENCE SECTION
        EVIDENCE FILE NAME(S)
       ORIGINAL PDF FILE evi_4552209111-20190827135345462028_._4250-0018_OA_Response_FINAL.pdf
       CONVERTED PDF FILE(S)
       (11 pages)
\\TICRS\EXPORT17\IMAGEOUT17\883\566\88356636\xml4\ROA0002.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\883\566\88356636\xml4\ROA0003.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\883\566\88356636\xml4\ROA0004.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\883\566\88356636\xml4\ROA0005.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\883\566\88356636\xml4\ROA0006.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\883\566\88356636\xml4\ROA0007.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\883\566\88356636\xml4\ROA0008.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\883\566\88356636\xml4\ROA0009.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\883\566\88356636\xml4\ROA0010.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\883\566\88356636\xml4\ROA0011.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\883\566\88356636\xml4\ROA0012.JPG
DESCRIPTION OF EVIDENCE FILE Responsive arguments and evidence.
GOODS AND/OR SERVICES SECTION (current)
INTERNATIONAL CLASS 041
DESCRIPTION
Providing facilities for playing ball shooting games and the like; Providing facilities for playing paintball or paintball-like games and the like; Providing facilities for playing dodgeball games and the like; Providing facilities for playing simulated castle defense games and the like; Entertainment services in the form of simulated castle defense games, ball shooting games, paintball or paintball-like games, dodgeball games, and the like
FILING BASIS Section 1(a)
        FIRST USE ANYWHERE DATE At least as early as 08/01/2018
        FIRST USE IN COMMERCE DATE At least as early as 08/01/2018
GOODS AND/OR SERVICES SECTION (proposed)
INTERNATIONAL CLASS 041
TRACKED TEXT DESCRIPTION
Providing facilities for playing ball shooting games and the like; Providing amusement facilities for playing ball shooting games and the like; Providing facilities for playing paintball or paintball-like games and the like; Providing amusement facilities for playing paintball or paintball-like games and the like; Providing facilities for playing dodgeball games and the like; Providing amusement facilities for playing dodgeball games and the like; Providing facilities for playing simulated castle defense games and the like; Providing amusement facilities for playing simulated castle defense games and the like; Entertainment services in the form of simulated castle defense games, ball shooting games, paintball or paintball-like games, dodgeball games, and the like
FINAL DESCRIPTION
Providing amusement facilities for playing ball shooting games and the like; Providing amusement facilities for playing paintball or paintball-like games and the like; Providing amusement facilities for playing dodgeball games and the like; Providing amusement facilities for playing simulated castle defense games and the like; Entertainment services in the form of simulated castle defense games, ball shooting games, paintball or paintball-like games, dodgeball games, and the like
FILING BASIS Section 1(a)
       FIRST USE ANYWHERE DATE At least as early as 08/01/2018
       FIRST USE IN COMMERCE DATE At least as early as 08/01/2018
ATTORNEY SECTION (current)
NAME Craig Randall Rogers
ATTORNEY BAR MEMBERSHIP NUMBER NOT SPECIFIED
YEAR OF ADMISSION NOT SPECIFIED
U.S. STATE/ COMMONWEALTH/ TERRITORY NOT SPECIFIED
FIRM NAME SIMPLE IP LAW, P.C.
STREET 19555 SW 53RD AVE.
CITY TUALATIN
STATE Oregon
POSTAL CODE 97062
COUNTRY US
PHONE 503-517-8900
EMAIL craig.rogers@simpleiplaw.com
AUTHORIZED TO COMMUNICATE VIA EMAIL Yes
DOCKET/REFERENCE NUMBER 4250-0018
ATTORNEY SECTION (proposed)
NAME Craig Randall Rogers
ATTORNEY BAR MEMBERSHIP NUMBER XXX
YEAR OF ADMISSION XXXX
U.S. STATE/ COMMONWEALTH/ TERRITORY XX
FIRM NAME SIMPLE IP LAW, P.C.
STREET 19555 SW 53RD AVE.
CITY TUALATIN
STATE Oregon
POSTAL CODE 97062
COUNTRY United States
PHONE 503-517-8900
EMAIL craig.rogers@simpleiplaw.com
AUTHORIZED TO COMMUNICATE VIA EMAIL Yes
DOCKET/REFERENCE NUMBER 4250-0018
CORRESPONDENCE SECTION (current)
NAME CRAIG RANDALL ROGERS
FIRM NAME SIMPLE IP LAW, P.C.
STREET 19555 SW 53RD AVE.
CITY TUALATIN
STATE Oregon
POSTAL CODE 97062
COUNTRY US
PHONE 503-517-8900
EMAIL craig.rogers@simpleiplaw.com; trademarks@simpleiplaw.com
AUTHORIZED TO COMMUNICATE VIA EMAIL Yes
DOCKET/REFERENCE NUMBER 4250-0018
CORRESPONDENCE SECTION (proposed)
NAME Craig Randall Rogers
FIRM NAME SIMPLE IP LAW, P.C.
STREET 19555 SW 53RD AVE.
CITY TUALATIN
STATE Oregon
POSTAL CODE 97062
COUNTRY United States
PHONE 503-517-8900
EMAIL craig.rogers@simpleiplaw.com; trademarks@simpleiplaw.com
AUTHORIZED TO COMMUNICATE VIA EMAIL Yes
DOCKET/REFERENCE NUMBER 4250-0018
SIGNATURE SECTION
RESPONSE SIGNATURE /Craig R. Rogers/
SIGNATORY'S NAME Craig R. Rogers
SIGNATORY'S POSITION Attorney of Record, Oregon State Bar member
SIGNATORY'S PHONE NUMBER 503-517-8900
DATE SIGNED 08/27/2019
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Tue Aug 27 14:01:31 EDT 2019
TEAS STAMP USPTO/ROA-XX.XX.XXX.XXX-2
0190827140131990967-88356
636-610e4d73c634ec18e3e6b
f7ac271f911f9a96d0447e733
38eb39a2f4d427587ab3c-N/A
-N/A-20190827135345462028



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. 88356636 BATTLEZONE(Standard Characters, see http://uspto.report/TM/88356636/mark.png) has been amended as follows:

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

Please see the actual argument text attached within the Evidence section.

EVIDENCE
Evidence in the nature of Responsive arguments and evidence. has been attached.
Original PDF file:
evi_4552209111-20190827135345462028_._4250-0018_OA_Response_FINAL.pdf
Converted PDF file(s) ( 11 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Evidence-6
Evidence-7
Evidence-8
Evidence-9
Evidence-10
Evidence-11

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 041 for Providing facilities for playing ball shooting games and the like; Providing facilities for playing paintball or paintball-like games and the like; Providing facilities for playing dodgeball games and the like; Providing facilities for playing simulated castle defense games and the like; Entertainment services in the form of simulated castle defense games, ball shooting games, paintball or paintball-like games, dodgeball games, and the like
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 08/01/2018 and first used in commerce at least as early as 08/01/2018 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Providing facilities for playing ball shooting games and the like; Providing amusement facilities for playing ball shooting games and the like; Providing facilities for playing paintball or paintball-like games and the like; Providing amusement facilities for playing paintball or paintball-like games and the like; Providing facilities for playing dodgeball games and the like; Providing amusement facilities for playing dodgeball games and the like; Providing facilities for playing simulated castle defense games and the like; Providing amusement facilities for playing simulated castle defense games and the like; Entertainment services in the form of simulated castle defense games, ball shooting games, paintball or paintball-like games, dodgeball games, and the likeClass 041 for Providing amusement facilities for playing ball shooting games and the like; Providing amusement facilities for playing paintball or paintball-like games and the like; Providing amusement facilities for playing dodgeball games and the like; Providing amusement facilities for playing simulated castle defense games and the like; Entertainment services in the form of simulated castle defense games, ball shooting games, paintball or paintball-like games, dodgeball games, and the like
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 08/01/2018 and first used in commerce at least as early as 08/01/2018 , and is now in use in such commerce.
The applicant's current attorney information: Craig Randall Rogers. Craig Randall Rogers of SIMPLE IP LAW, P.C., is located at

      19555 SW 53RD AVE.
      TUALATIN, Oregon 97062
      US
The docket/reference number is 4250-0018.

The phone number is 503-517-8900.

The email address is craig.rogers@simpleiplaw.com

The applicants proposed attorney information: Craig Randall Rogers. Craig Randall Rogers of SIMPLE IP LAW, P.C., is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      19555 SW 53RD AVE.
      TUALATIN, Oregon 97062
      United States
The docket/reference number is 4250-0018.

The phone number is 503-517-8900.

The email address is craig.rogers@simpleiplaw.com

Craig Randall Rogers 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: CRAIG RANDALL ROGERS. CRAIG RANDALL ROGERS of SIMPLE IP LAW, P.C., is located at

      19555 SW 53RD AVE.
      TUALATIN, Oregon 97062
      US
The docket/reference number is 4250-0018.

The phone number is 503-517-8900.

The email address is craig.rogers@simpleiplaw.com; trademarks@simpleiplaw.com

The applicants proposed correspondence information: Craig Randall Rogers. Craig Randall Rogers of SIMPLE IP LAW, P.C., is located at

      19555 SW 53RD AVE.
      TUALATIN, Oregon 97062
      United States
The docket/reference number is 4250-0018.

The phone number is 503-517-8900.

The email address is craig.rogers@simpleiplaw.com; trademarks@simpleiplaw.com

SIGNATURE(S)
Response Signature
Signature: /Craig R. Rogers/     Date: 08/27/2019
Signatory's Name: Craig R. Rogers
Signatory's Position: Attorney of Record, Oregon State Bar member

Signatory's Phone Number: 503-517-8900

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:    CRAIG RANDALL ROGERS
   SIMPLE IP LAW, P.C.
   
   19555 SW 53RD AVE.
   TUALATIN, Oregon 97062
Mailing Address:    Craig Randall Rogers
   SIMPLE IP LAW, P.C.
   19555 SW 53RD AVE.
   TUALATIN, Oregon 97062
        
Serial Number: 88356636
Internet Transmission Date: Tue Aug 27 14:01:31 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XX.XXX.XXX-2019082714013199
0967-88356636-610e4d73c634ec18e3e6bf7ac2
71f911f9a96d0447e73338eb39a2f4d427587ab3
c-N/A-N/A-20190827135345462028


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