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)

---

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. 88372809 VIDEO (Stylized and/or with Design, see http://uspto.report/TM/88372809/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 downloadable computer software featuring an entertainment database for providing, purchasing, renting, and accessing downloadable and non-downloadable movies, TV shows, videos, music, ebooks, audiobooks, games, audiovisual, multimedia content; computer software for streaming, broadcasting, transmitting, distributing, reproducing, organizing, and sharing movies, TV shows, music, ebooks, audiobooks, audio, video, games, audiovisual, and multimedia content via global computer networks; Providing non-downloadable software for temporary use over global computer network for accessing, downloading, purchasing or streaming videos, movies, TV shows, games, ebooks, audiobooks, audio, music, audiovisual, and multimedia content
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: Downloadable computer software featuring an entertainment database for providing, purchasing, renting, and accessing downloadable and non-downloadable movies, TV shows, videos, music, ebooks, audiobooks, games, audiovisual, multimedia content; computer software for streaming, broadcasting, transmitting, distributing, reproducing, organizing, and sharing movies, TV shows, music, ebooks, audiobooks, audio, video, games, audiovisual, and multimedia content via global computer networks; downloadable computer software for streaming, broadcasting, transmitting, distributing, reproducing, organizing, and sharing movies, TV shows, music, ebooks, audiobooks, audio, video, games, audiovisual, and multimedia content via global computer networks; Providing non-downloadable software for temporary use over global computer network for accessing, downloading, purchasing or streaming videos, movies, TV shows, games, ebooks, audiobooks, audio, music, audiovisual, and multimedia contentClass 009 for Downloadable computer software featuring an entertainment database for providing, purchasing, renting, and accessing downloadable and non-downloadable movies, TV shows, videos, music, ebooks, audiobooks, games, audiovisual, multimedia content; downloadable computer software for streaming, broadcasting, transmitting, distributing, reproducing, organizing, and sharing movies, TV shows, music, ebooks, audiobooks, audio, video, games, audiovisual, and multimedia content via global computer networks
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 038 for Video broadcasting services via the Internet; Streaming of video material on the Internet; aming services, streaming of video games, streaming of audio and video downloads, streaming of music
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: Video broadcasting services via the Internet; Streaming of video games on the Internet; Streaming of video material on the Internet; streaming of audio and visual tethered downloads; aming services, streaming of video games, streaming of audio and video downloads, streaming of music; streaming of music on the InternetClass 038 for Streaming of video games on the Internet; streaming of audio and visual tethered downloads; streaming of music on the Internet
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 hereby adds the following class of goods/services to the application:
New: Class 041 for Entertainment services, namely, providing temporary use of non-downloadable electronic 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.

Applicant hereby adds the following class of goods/services to the application:
New: Class 042 for Providing non-downloadable software for temporary use over global computer network for accessing, downloading, purchasing or streaming videos, movies, TV shows, games, ebooks, audiobooks, audio, music, audiovisual, and multimedia content
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: Holly M. Lar. Holly M. Lar, is located at

      702 SW 8TH STREET, MS 0215
      BENTONVILLE, Arkansas 72716-0215
      US
The docket/reference number is 81375967.

The phone number is 479-204-5424.

The email address is ustm@walmartlegal.com

The applicants proposed attorney information: Holly M. Lar. Other appointed attorneys are W. LaNelle Owens; Danica Acosta. Holly M. Lar, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      702 SW 8TH STREET, MS 0215
      BENTONVILLE, Arkansas 72716-0215
      United States
The docket/reference number is 81375967.

The phone number is 479-204-5424.

The email address is ustm@walmartlegal.com

Holly M. Lar 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: HOLLY M. LAR. HOLLY M. LAR, is located at

      702 SW 8TH STREET, MS 0215
      BENTONVILLE, Arkansas 72716-0215
      US
The docket/reference number is 81375967.

The phone number is 479-204-5424.

The email address is ustm@walmartlegal.com; dsdocketuswmt@dinsmore.com

The applicants proposed correspondence information: Holly M. Lar. Holly M. Lar, is located at

      702 SW 8TH STREET, MS 0215
      BENTONVILLE, Arkansas 72716-0215
      United States
The docket/reference number is 81375967.

The phone number is 479-204-5424.

The email address is ustm@walmartlegal.com; dsdocketuswmt@dinsmore.com

ADDITIONAL STATEMENTS
Disclaimer
No claim is made to the exclusive right to use VIDEO apart from the mark as shown.


FEE(S)
Fee(s) in the amount of $550 is being submitted.

SIGNATURE(S)
Declaration Signature

DECLARATION: The signatory being warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. § 1001, and that such willful false statements and the like may jeopardize the validity of the application or submission or any registration resulting therefrom, declares that, if the applicant submitted the application or allegation of use (AOU) unsigned, all statements in the application or AOU and this submission based on the signatory's own knowledge are true, and all statements in the application or AOU and this submission made on information and belief are believed to be true.

STATEMENTS FOR UNSIGNED SECTION 1(a) APPLICATION/AOU: If the applicant filed an unsigned application under 15 U.S.C. §1051(a) or AOU under 15 U.S.C. §1051(c), the signatory additionally believes that: the applicant is the owner of the mark sought to be registered; the mark is in use in commerce and was in use in commerce as of the filing date of the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; the original specimen(s), if applicable, shows the mark in use in commerce as of the filing date of the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; for a collective trademark, collective service mark, collective membership mark application, or certification mark application, the applicant is exercising legitimate control over the use of the mark in commerce and was exercising legitimate control over the use of the mark in commerce as of the filing date of the application or AOU; for a certification mark application, the applicant is not engaged 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. To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services/collective membership organization of such other persons, to cause confusion or mistake, or to deceive.

STATEMENTS FOR UNSIGNED SECTION 1(b)/SECTION 44 APPLICATION AND FOR SECTION 66(a) COLLECTIVE/CERTIFICATION MARK APPLICATION: If the applicant filed an unsigned application under 15 U.S.C. §§ 1051(b), 1126(d), and/or 1126(e), or filed a collective/certification mark application under 15 U.S.C. §1141f(a), the signatory additionally believes that: for a trademark or service mark application, the applicant is entitled to use the mark in commerce on or in connection with the goods/services specified in the application; the applicant has a bona fide intention to use the mark in commerce and had a bona fide intention to use the mark in commerce as of the application filing date; for a collective trademark, collective service mark, collective membership mark, or certification mark application, the applicant has a bona fide intention, and is entitled, to exercise legitimate control over the use of the mark in commerce and had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce as of the application filing date; the signatory is properly authorized to execute the declaration on behalf of the applicant; for a certification mark application, 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. To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services/collective membership organization of such other persons, to cause confusion or mistake, or to deceive.

Signature: /HollyMLar/      Date: 11/19/2019
Signatory's Name: Holly M. Lar
Signatory's Position: Attorney of Record, AR2011204

Response Signature
Signature: /HollyMLar/     Date: 11/19/2019
Signatory's Name: Holly M. Lar
Signatory's Position: Attorney of Record, AR 2011204

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:    HOLLY M. LAR
   
   
   702 SW 8TH STREET, MS 0215
   BENTONVILLE, Arkansas 72716-0215
Mailing Address:    Holly M. Lar
   702 SW 8TH STREET, MS 0215
   BENTONVILLE, Arkansas 72716-0215
        
RAM Sale Number: 88372809
RAM Accounting Date: 11/19/2019
        
Serial Number: 88372809
Internet Transmission Date: Tue Nov 19 16:27:40 EST 2019
TEAS Stamp: USPTO/ROA-XX.XX.XXX.XXX-2019111916274001
1732-88372809-700be43f4a7f751773dce5c5dd
76e5b636ff299c76c65a762ef02c6fec6a6c8d9-
CC-27387638-20191119121728371925