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. 88366257 SHOCKWAVE(Standard Characters, see http://uspto.report/TM/88366257/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 009 for Headsets for use with computers; Headsets for virtual reality games; Keyboards; Computer mouse; Mouse pads; Wrist rests for computer mouse users; Computer cables; Joysticks for use with computers, other than for video games; Computer memory devices; Wireless speakers
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: Headsets for use with computers; Keyboards; Headsets for virtual reality games; Computer mouse; Mouse pads; Wrist rests for computer mouse users; Computer cables; Joysticks for use with computers, other than for video games; Computer memory devices.; Computer memory devices; Wireless speakersClass 009 for Keyboards; Computer mouse; Mouse pads; Wrist rests for computer mouse users; Computer cables; Joysticks for use with computers, other than for video games; Computer memory devices.
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 028 for Audio and visual headsets for use in playing video games; Gaming headsets adapted for use in playing video games; Controllers for game consoles; Game controllers in the nature of keyboards for computer games; Gaming mice; Video game interactive hand held remote controls for playing electronic games; Game controllers for computer games; Flight simulation controllers for computer games; Video game interactive control steering wheels, foot pedals, guns, and sports equipment, specifically designed for use with interactive video games; Joystick for video games
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: Audio and visual headsets for use in playing video games; Controllers for game consoles; Gaming headsets adapted for use in playing video games; Game controllers in the nature of keyboards for computer games; Gaming mice; Video game interactive hand held remote controls for playing electronic games; Game controllers for computer games; Flight simulation game controllers for computer games; Video game interactive control steering wheels, foot pedals, guns, and sports equipment, specifically designed for use with interactive video games; Flight simulation controllers for computer games; Joystick for video games.; Joystick for video gamesClass 028 for Controllers for game consoles; Game controllers in the nature of keyboards for computer games; Gaming mice; Video game interactive hand held remote controls for playing electronic games; Game controllers for computer games; Flight simulation game controllers for computer games; Video game interactive control steering wheels, foot pedals, guns, and sports equipment, specifically designed for use with interactive video games; Joystick for video games.
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: Mark Berkowitz. Mark Berkowitz of AMSTER, ROTHSTEIN & EBENSTEIN LLP, is located at

      90 PARK AVENUE
      NEW YORK, New York 10016
      US
The docket/reference number is 03376/0088.

The phone number is 212-336-8000.

The fax number is 212-336-8001.

The email address is ptodocket@arelaw.com

The applicants proposed attorney information: Mark Berkowitz. Other appointed attorneys are Daniel Ebenstein, Philip H. Gottfried, Neil M. Zipkin, Anthony F. Lo Cicero, Kenneth P. George, Chester Rothstein, Craig J. Arnold, Charles R. Macedo, Brian Comack, Max Vern, Holly Pekowsky, Douglas A. Miro, Richard S. Mandaro, Marc J. Jason, Matthieu Hausig, Alan Miller, Marion Metelski, Benjamin Charkow, Mark Berkowitz, Suzue Fujimori, Brian Amos, Hajime Sakai, David P. Goldberg, Sandra Hudak, Tuvia Rotberg, Dexter Chang, Keith J. Barkaus, Michael R. Jones and Christopher Lisiewski. Mark Berkowitz of AMSTER, ROTHSTEIN & EBENSTEIN 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

      90 PARK AVENUE
      NEW YORK, New York 10016
      United States
The docket/reference number is 03376/0088.

The phone number is 212-336-8000.

The fax number is 212-336-8001.

The email address is ptodocket@arelaw.com

Mark Berkowitz 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: MARK BERKOWITZ. MARK BERKOWITZ of AMSTER, ROTHSTEIN & EBENSTEIN LLP, is located at

      90 PARK AVENUE
      NEW YORK, New York 10016
      US
The docket/reference number is 03376/0088.

The phone number is 212-336-8000.

The fax number is 212-336-8001.

The email address is ptodocket@arelaw.com

The applicants proposed correspondence information: Mark Berkowitz. Mark Berkowitz of AMSTER, ROTHSTEIN & EBENSTEIN LLP, is located at

      90 PARK AVENUE
      NEW YORK, New York 10016
      United States
The docket/reference number is 03376/0088.

The phone number is 212-336-8000.

The fax number is 212-336-8001.

The email address is ptodocket@arelaw.com

ADDITIONAL STATEMENTS
Miscellaneous Statement
Applicant is grateful for the Examining Attorney's letter dated June 12, 2019 and the Office Action. In line with the Examining Attorney's suggestions, Applicant respectfully requests to amend the specification of goods to read as follows: Class 9 - Keyboards; Computer mouse; Mouse pads; Wrist rests for computer mouse users; Computer cables; Joysticks for use with computers, other than for video games; Computer memory devices. Class 28 - Controllers for game consoles; Game controllers in the nature of keyboards for computer games; Gaming mice; Video game interactive hand held remote controls for playing electronic games; Game controllers for computer games; Flight simulation game controllers for computer games; Video game interactive control steering wheels, foot pedals, guns, and sports equipment, specifically designed for use with interactive video games; Joystick for video games. In view of the above, favourable outcome of examination and passage of application to publication is respectfully requested. If any additional information or clarifications are required, the Examining Attorney is respectfully requested to contact the undersigned to resolve any matter in an Examiner's Amendment, if applicable.

Original PDF file:
mis-208229218102-20191209095007737418_._SHOCKWAVE__88366257__Response_to_1st_OA.pdf
Converted PDF file(s) ( 1 page)
Miscellaneous File1

SIGNATURE(S)
Response Signature
Signature: /Mark Berkowitz/     Date: 12/09/2019
Signatory's Name: Mark Berkowitz
Signatory's Position: Attorney of record, New York bar member

Signatory's Phone Number: 212-336-8000

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:    MARK BERKOWITZ
   AMSTER, ROTHSTEIN & EBENSTEIN LLP
   
   90 PARK AVENUE
   NEW YORK, New York 10016
Mailing Address:    Mark Berkowitz
   AMSTER, ROTHSTEIN & EBENSTEIN LLP
   90 PARK AVENUE
   NEW YORK, New York 10016
        
Serial Number: 88366257
Internet Transmission Date: Mon Dec 09 09:59:55 EST 2019
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.XXX-20191209095955
951337-88366257-700e954d76bab69c3fd83f8f
a0c683dce5d6dc41d14a5d87e8e8f4faebb2f4cf
7-N/A-N/A-20191209095007737418