TEAS Request Reconsideration after FOA

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 1960 (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 1960 (Rev 10/2011)

OMB No. 0651-0050 (Exp 09/20/2020)

Request for Reconsideration after Final Action

To the Commissioner for Trademarks:

Application serial no. 88370326 GHOST RIDER(Standard Characters, see http://uspto.report/TM/88370326/mark.png) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following:
Current: Class 009 for Apparatus for recording, transmission, processing, and reproduction of sound, images, or data; digital media, namely, pre-recorded downloadable audio and video recordings, CDs, DVDs, high definition digital discs, mp3 files and mp4 files featuring live-action entertainment, animated entertainment, music and stories; audio books featuring fiction or audio books featuring non-fiction; downloadable ringtones featuring music and other sounds, via a global computer network and wireless communication devices; audio and visual recordings featuring live-action entertainment, animated entertainment, music, stories, and games; musical recordings; downloadable electronic publications in the nature of comic books, comic magazines and stories in illustrated form; downloadable computer game software; downloadable mobile applications for viewing, playing, and purchasing animated entertainment and electronic games; downloadable video game software; downloadable computer software for the administration of learning activities; encoded electronic chip cards containing music, stories, dramatic performances, non-dramatic performances, and learning activities; computer hardware and computer peripheral devices; mouse pads; wrist and arm rests for use with computers; calculators; cell phone battery chargers; electronic personal organizers; cameras; digital cameras; optical, digital versatile, and compact disc players and recorders for audio, video, and computer data; radios; audio speakers; digital photo frames; headphones; earphones; ear buds; walkie-talkies; telephones; headsets for cellular telephones; adapters for cellular telephones in the nature of power adapters; batteries for cellular telephones; cell phone cases; face plates for cellular telephones; eyeglasses; sunglasses; eyeglass and sunglass cases; binoculars; graduated rulers; microphones; protective covers and cases for tablet computers; radio frequency authentication devices in the nature of identification tag readers and radio frequency transmitters; smart watches; fitted plastic films known as skins for covering and protecting electronic apparatus, namely, mobile phones, portable music players, mobile computers, and tablet computers; video projectors; video projector with wireless connection capability for use with wireless communication devices; karaoke machines; bicycle helmets; flotation vests; protective face masks not for medical purposes; protective helmets for sports; snorkels; swimming goggles; swim masks
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: Apparatus for recording, transmission, processing, and reproduction of sound, images, or data; digital media, namely, pre-recorded downloadable audio and video recordings, CDs, DVDs, high definition digital discs, mp3 files and mp4 files featuring live-action entertainment, animated entertainment, music and stories; digital media, namely, pre-recorded downloadable audio and video recordings, CDs, DVDs, high definition digital discs, downloadable mp3 files and mp4 files featuring live-action entertainment, animated entertainment, music and stories; audio books featuring fiction or audio books featuring non-fiction; audio books featuring fiction; audio books featuring non-fiction on a variety of topics; downloadable ringtones featuring music and other sounds, via a global computer network and wireless communication devices; audio and visual recordings featuring live-action entertainment, animated entertainment, music, stories, and games; downloadable electronic publications in the nature of comic books, comic magazines and stories in illustrated form; musical recordings; downloadable electronic publications in the nature of in the nature of comic books, comic magazines and stories in illustrated form; downloadable computer game software; downloadable mobile applications for viewing, playing, and purchasing animated entertainment and electronic games; downloadable computer software for the administration of learning activities; downloadable video game software; downloadable computer software for the administration of learning activities, namely, educational software used for teaching children with learning activities; encoded electronic chip cards containing music, stories, dramatic performances, non-dramatic performances, and learning activities; computer hardware and computer peripheral devices; mouse pads; wrist and arm rests for use with computers; calculators; cell phone battery chargers; electronic personal organizers; cameras; digital cameras; optical, digital versatile, and compact disc players and recorders for audio, video, and computer data; radios; audio speakers; digital photo frames; headphones; earphones; ear buds; walkie-talkies; telephones; headsets for cellular telephones; adapters for cellular telephones in the nature of power adapters; batteries for cellular telephones; face plates for cellular telephones; cell phone cases; face plates for cellular telephones, namely, cell phone covers; eyeglasses; sunglasses; eyeglass and sunglass cases; binoculars; decorative magnets; graduated rulers; radio frequency authentication devices in the nature of identification tag readers and radio frequency transmitters; microphones; protective covers and cases for tablet computers; radio frequency authentication device in the nature of identification tag readers and radio frequency transmitter; smart watches; fitted plastic films known as skins for covering and protecting electronic apparatus, namely, mobile phones, portable music players, mobile computers, and tablet computers; video projectors; video projector with wireless connection capability for use with wireless communication devices; karaoke machines; bicycle helmets; flotation vests; protective face masks not for medical purposes; protective helmets for sports; snorkels; swimming goggles; swim masksClass 009 for Apparatus for recording, transmission, processing, and reproduction of sound, images, or data; digital media, namely, pre-recorded downloadable audio and video recordings, CDs, DVDs, high definition digital discs, downloadable mp3 files and mp4 files featuring live-action entertainment, animated entertainment, music and stories; audio books featuring fiction; audio books featuring non-fiction on a variety of topics; downloadable ringtones featuring music and other sounds, via a global computer network and wireless communication devices; audio and visual recordings featuring live-action entertainment, animated entertainment, music, stories, and games; musical recordings; downloadable electronic publications in the nature of in the nature of comic books, comic magazines and stories in illustrated form; downloadable computer game software; downloadable mobile applications for viewing, playing, and purchasing animated entertainment and electronic games; downloadable video game software; downloadable computer software for the administration of learning activities, namely, educational software used for teaching children with learning activities; encoded electronic chip cards containing music, stories, dramatic performances, non-dramatic performances, and learning activities; computer hardware and computer peripheral devices; mouse pads; wrist and arm rests for use with computers; calculators; cell phone battery chargers; electronic personal organizers; cameras; digital cameras; optical, digital versatile, and compact disc players and recorders for audio, video, and computer data; radios; audio speakers; digital photo frames; headphones; earphones; ear buds; walkie-talkies; telephones; headsets for cellular telephones; adapters for cellular telephones in the nature of power adapters; batteries for cellular telephones; cell phone cases; face plates for cellular telephones, namely, cell phone covers; eyeglasses; sunglasses; eyeglass and sunglass cases; binoculars; decorative magnets; graduated rulers; microphones; protective covers and cases for tablet computers; radio frequency authentication device in the nature of identification tag readers and radio frequency transmitter; smart watches; fitted plastic films known as skins for covering and protecting electronic apparatus, namely, mobile phones, portable music players, mobile computers, and tablet computers; video projectors; video projector with wireless connection capability for use with wireless communication devices; karaoke machines; bicycle helmets; flotation vests; protective face masks not for medical purposes; protective helmets for sports; snorkels; swimming goggles; swim masks
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.

OWNER AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: Marvel Characters, Inc., a corporation of Delaware, having an address of
      500 South Buena Vista Street
      Burbank, California 91521
      United States

Proposed: Marvel Characters, Inc., a corporation of Delaware, having an address of
      500 South Buena Vista Street
      Burbank, California 91521
      United States
      Email Address: XXXX
Correspondence Information (current):
      Steve Ackerman
      PRIMARY EMAIL FOR CORRESPONDENCE: trademarks@disney.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): allison.kipp@kelly-ip.com; docketing@kelly-ip.com; cpinkus@marvel.com
Correspondence Information (proposed):
      Steve Ackerman
      PRIMARY EMAIL FOR CORRESPONDENCE: trademarks@disney.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): allison.kipp@kelly-ip.com; docketing@kelly-ip.com; cpinkus@marvel.com

Requirement for Email and Electronic Filing: I understand that a valid email address must be maintained by the owner/holder and the owner's/holder's attorney, if appointed, and that all official trademark correspondence must be submitted via the Trademark Electronic Application System (TEAS).

ADDITIONAL STATEMENTS
Miscellaneous Statement
If there are any remaining issues with the identification of goods, please contact the Associate Attorney of Record to resolve the remaining issues.


SIGNATURE(S)
Request for Reconsideration Signature
Signature: /linda mcleod/     Date: 04/17/2020
Signatory's Name: Linda K. McLeod
Signatory's Position: Associate Attorney of Record, D.C. Bar Member

Signatory's Phone Number: 202-808-3570

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.

The applicant is not filing a Notice of Appeal in conjunction with this Request for Reconsideration.

Mailing Address:    Steve Ackerman
   THE WALT DISNEY COMPANY
   IP DEPARTMENT - TRADEMARK GROUP
   500 SOUTH BUENA VISTA STREET
   BURBANK, California 91521
Mailing Address:    Steve Ackerman
   THE WALT DISNEY COMPANY
   IP DEPARTMENT - TRADEMARK GROUP
   500 SOUTH BUENA VISTA STREET
   BURBANK, California 91521
        
Serial Number: 88370326
Internet Transmission Date: Fri Apr 17 13:58:49 ET 2020
TEAS Stamp: USPTO/RFR-XX.XX.XXX.XX-20200417135849899
826-88370326-710322e5bec4fa16c8112a01815
bd6456c3573cf73ad2c333ab2d67fbca579755-N
/A-N/A-20200411061120257326