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. 88378193 TD (Stylized and/or with Design, see http://uspto.report/TM/88378193/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 adapter cables for headphones; audio speakers; cases, and sleeves for cell phones, laptops, tablet computers, and portable media players; computer bags; computer game software downloadable via a global computer network and wireless devices; computer keyboard controllers; computer keyboards; computer mice; computer peripherals and computer peripheral devices; computer software for allowing users to create, modify, and distribute user created content and digital files; computer stylus; decorative magnets; downloadable computer game programs; downloadable video game instruction manuals; ear buds; electronic downloadable publications in the field of video games; electronic game software for handheld electronic devices; eyeglass lanyards; eyewear, namely, sunglasses, eyeglasses and frames and cases therefor; headphones; headsets for use with computers; magnetic cards, namely, phone cards, credit cards, cash cards, debit cards and magnetic key cards; mobile phone straps; mouse pads; protective covers, cases, and sleeves for cell phones, laptops, tablet computers, and portable media players
Original Filing Basis:
Filing Basis: Section 44(d), Priority based on foreign filing: 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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority based upon a foreign application. For a certification 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, 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 or services that meet the certification standards of the applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on[ Canada application number 1932257 filed 11/23/2018]. 15 U.S.C.Section 1126(d), as amended.

Proposed:
Tracked Text Description: adapter cables for headphones; audio speakers; cases, and sleeves for cell phones, laptops, tablet computers, and portable media players; computer bags; computer game software downloadable via a global computer network and wireless devices; computer keyboard controllers; computer keyboards; computer mice; computer peripherals and computer peripheral devices; computer software for allowing users to create, modify, and distribute user created content and digital files; downloadable computer software for allowing users to create, modify, and distribute user created content and digital files; computer stylus; decorative magnets; downloadable computer game programs; downloadable video game instruction manuals; ear buds; electronic downloadable publications in the field of video games; electronic downloadable publications, namely, magazines, in the field of video games; electronic game software for handheld electronic devices; downloadable electronic game software for handheld electronic devices; eyeglass lanyards; eyewear, namely, sunglasses, eyeglasses and frames and cases therefor; headphones; headsets for use with computers; magnetic cards, namely, phone cards, credit cards, cash cards, debit cards and magnetic key cards; magnetic encoded cards, namely, phone cards, credit cards, cash cards, debit cards and magnetic key cards; mobile phone straps; mouse pads; protective covers, cases, and sleeves for cell phones, laptops, tablet computers, and portable media playersClass 009 for adapter cables for headphones; audio speakers; cases, and sleeves for cell phones, laptops, tablet computers, and portable media players; computer bags; computer game software downloadable via a global computer network and wireless devices; computer keyboard controllers; computer keyboards; computer mice; computer peripherals and computer peripheral devices; downloadable computer software for allowing users to create, modify, and distribute user created content and digital files; computer stylus; decorative magnets; downloadable computer game programs; downloadable video game instruction manuals; ear buds; electronic downloadable publications, namely, magazines, in the field of video games; downloadable electronic game software for handheld electronic devices; eyeglass lanyards; eyewear, namely, sunglasses, eyeglasses and frames and cases therefor; headphones; headsets for use with computers; magnetic encoded cards, namely, phone cards, credit cards, cash cards, debit cards and magnetic key cards; mobile phone straps; mouse pads; protective covers, cases, and sleeves for cell phones, laptops, tablet computers, and portable media players
Filing Basis: Section 44(d), Priority based on foreign filing: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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority based upon a foreign application. 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, 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 or services that meet the certification standards of the applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on [ Canada application number 1932257 filed 11/23/2018]. 15 U.S.C.Section 1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 016 for bookmarks; books; calendars; collectible trading cards; coloring books; comic books; event programs; folders; greeting cards; instructional leaflets in the field of video games; journals; magazines in the field of video games; manuals for computer games; notebooks; notepads; paper gift boxes sold empty; paper napkins; paper stationery; paper towels; pen and pencil cases; pencils; pens; postcards; posters; printed advertising boards of paper or cardboard; printed strategy guides for playing entertainment computer programs; stationery-type portfolios; stickers; temporary tattoo transfers; trading cards; wrapping paper
Original Filing Basis:
Filing Basis: Section 44(d), Priority based on foreign filing: 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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority based upon a foreign application. For a certification 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, 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 or services that meet the certification standards of the applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on[ Canada application number 1932257 filed 11/23/2018]. 15 U.S.C.Section 1126(d), as amended.

Proposed:
Tracked Text Description: bookmarks; books; books in the field of video games; calendars; collectible trading cards; coloring books; comic books; event programs; folders; greeting cards; instructional leaflets in the field of video games; journals; journals in the field of video games; magazines in the field of video games; manuals for computer games; instructional manuals for computer games; notebooks; notepads; paper gift boxes sold empty; paper napkins; paper stationery; paper towels; pen and pencil cases; pencils; pens; postcards; posters; printed advertising boards of paper or cardboard; printed strategy guides for playing entertainment computer programs; stationery-type portfolios; stickers; temporary tattoo transfers; trading cards; sports trading cards; wrapping paperClass 016 for bookmarks; books in the field of video games; calendars; collectible trading cards; coloring books; comic books; event programs; folders; greeting cards; instructional leaflets in the field of video games; journals in the field of video games; magazines in the field of video games; instructional manuals for computer games; notebooks; notepads; paper gift boxes sold empty; paper napkins; paper stationery; paper towels; pen and pencil cases; pencils; pens; postcards; posters; printed advertising boards of paper or cardboard; printed strategy guides for playing entertainment computer programs; stationery-type portfolios; stickers; temporary tattoo transfers; sports trading cards; wrapping paper
Filing Basis: Section 44(d), Priority based on foreign filing: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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority based upon a foreign application. 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, 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 or services that meet the certification standards of the applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on [ Canada application number 1932257 filed 11/23/2018]. 15 U.S.C.Section 1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 018 for backpacks with rolling wheels; bags; backpacks; bags for use in road travel; bags with rolling wheels; courier bags; duffle bags; handbags; key chains made of imitation leather; key chains made of leather; labels and tags for luggage; messenger bags; purses; school bags; shopping bags; tote bags; travel bags; traveling sets in the nature of separate pieces of matching luggage; umbrellas; walking sticks; wallets
Original Filing Basis:
Filing Basis: Section 44(d), Priority based on foreign filing: 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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority based upon a foreign application. For a certification 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, 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 or services that meet the certification standards of the applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on[ Canada application number 1932257 filed 11/23/2018]. 15 U.S.C.Section 1126(d), as amended.

Proposed:
Tracked Text Description: backpacks with rolling wheels; bags; bags, namely, all-purpose carrying bags; backpacks; bags for use in road travel; bags with rolling wheels; bags with rolling wheels, namely, wheeled duffle bags and wheeled shopping bags; courier bags; duffle bags; handbags; key chains made of imitation leather; plastic and leather labels and tags for luggage; key chains made of leather; messenger bags; labels and tags for luggage; purses; school bags; fabric shopping bags; tote bags; shopping bags; travel bags; textile and fabric traveling bag sets in the nature of separate pieces of matching luggage; umbrellas; traveling sets in the nature of separate pieces of matching luggage; walking sticks; walletsClass 018 for backpacks with rolling wheels; bags, namely, all-purpose carrying bags; backpacks; bags for use in road travel; bags with rolling wheels, namely, wheeled duffle bags and wheeled shopping bags; courier bags; duffle bags; handbags; plastic and leather labels and tags for luggage; messenger bags; purses; school bags; fabric shopping bags; tote bags; travel bags; textile and fabric traveling bag sets in the nature of separate pieces of matching luggage; umbrellas; walking sticks; wallets
Filing Basis: Section 44(d), Priority based on foreign filing: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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority based upon a foreign application. 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, 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 or services that meet the certification standards of the applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on [ Canada application number 1932257 filed 11/23/2018]. 15 U.S.C.Section 1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 021 for water bottles
Original Filing Basis:
Filing Basis: Section 44(d), Priority based on foreign filing: 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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority based upon a foreign application. For a certification 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, 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 or services that meet the certification standards of the applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on[ Canada application number 1932257 filed 11/23/2018]. 15 U.S.C.Section 1126(d), as amended.

Proposed:
Tracked Text Description: water bottles; water bottles, for drinking, sold emptyClass 021 for water bottles, for drinking, sold empty
Filing Basis: Section 44(d), Priority based on foreign filing: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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority based upon a foreign application. 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, 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 or services that meet the certification standards of the applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on [ Canada application number 1932257 filed 11/23/2018]. 15 U.S.C.Section 1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 025 for athletic apparel; aprons; bandanas; baseball caps and hats; bathing suits; bathrobes; belts for clothing; cap visors; cloth bibs; costumes for use in children's dress up play; costumes; ear muffs; gloves; golf pants; golf shirts; Halloween costumes; headbands; jeans; jerseys; knit ski masks; leather jackets; loungewear; mittens; neckties; night shirts; outer jackets; pajamas; pants; parkas; ponchos; raincoats; robes; sandals; shoes; shorts; sleep pants; slippers; sneakers; socks; sports jackets; suspenders; sweatbands; sweatpants; sweatshirts; swimwear; tank tops; ties; underwear; woolly hats; wristbands; beanies; hats; caps; hoodies; sweaters; pullovers; t-shirts; scarves; coats; jackets; shirts
Original Filing Basis:
Filing Basis: Section 44(d), Priority based on foreign filing: 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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority based upon a foreign application. For a certification 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, 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 or services that meet the certification standards of the applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on[ Canada application number 1932257 filed 11/23/2018]. 15 U.S.C.Section 1126(d), as amended.

Proposed:
Tracked Text Description: athletic apparel; athletic apparel, namely, shirts, pants, jackets, footwear, hats and caps, athletic uniforms; aprons; bandanas; baseball caps and hats; bathing suits; bathrobes; belts for clothing; cap visors; cloth bibs; costumes for use in children's dress up play; costumes; ear muffs; gloves; golf pants; golf shirts; Halloween costumes; headbands; jeans; jerseys; knit ski masks; leather jackets; loungewear; mittens; neckties; night shirts; outer jackets; pajamas; pants; parkas; ponchos; raincoats; robes; sandals; shoes; shorts; sleep pants; slippers; sneakers; socks; sports jackets; suspenders; sweatbands; sweatpants; sweatshirts; swimwear; tank tops; ties; ties as clothing; underwear; woolly hats; wristbands; wristbands as clothing; beanies; hats; caps; caps being headwear; hoodies; sweaters; pullovers; t-shirts; scarves; coats; jackets; shirtsClass 025 for athletic apparel, namely, shirts, pants, jackets, footwear, hats and caps, athletic uniforms; aprons; bandanas; baseball caps and hats; bathing suits; bathrobes; belts for clothing; cap visors; cloth bibs; costumes for use in children's dress up play; costumes; ear muffs; gloves; golf pants; golf shirts; Halloween costumes; headbands; jeans; jerseys; knit ski masks; leather jackets; loungewear; mittens; neckties; night shirts; outer jackets; pajamas; pants; parkas; ponchos; raincoats; robes; sandals; shoes; shorts; sleep pants; slippers; sneakers; socks; sports jackets; suspenders; sweatbands; sweatpants; sweatshirts; swimwear; tank tops; ties as clothing; underwear; woolly hats; wristbands as clothing; beanies; hats; caps being headwear; hoodies; sweaters; pullovers; t-shirts; scarves; coats; jackets; shirts
Filing Basis: Section 44(d), Priority based on foreign filing: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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority based upon a foreign application. 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, 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 or services that meet the certification standards of the applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on [ Canada application number 1932257 filed 11/23/2018]. 15 U.S.C.Section 1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 028 for action figures and action figure accessories; action skill games; arcade games; balls; bats; battery operated action toys; bean bag animals; bean bags; billiard balls; board games; bobble head dolls; card games; Christmas tree ornaments and decorations; computer game joysticks; construction toy figures and construction toys; controllers for game consoles; covers for golf clubs; dart boards; electronic action toys; fitted plastic films known as skins for covering and protecting electronic game playing apparatus, namely, game consoles; game controllers for computer games; gaming mice; golf bags; golf balls; golf clubs; golf gloves; golf tees; hand-held units for playing electronic games; mechanical action toys; musical toys; play figures; playing cards; plush toys; role playing games; stuffed toy animals; tabletop games; toy banks; toy cars; toy foam novelty items, namely, foam fingers and hands; toy noisemakers; toy trucks; trading card games; video game interactive remote control units; video gaming consoles for playing computer games
Original Filing Basis:
Filing Basis: Section 44(d), Priority based on foreign filing: 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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority based upon a foreign application. For a certification 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, 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 or services that meet the certification standards of the applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on[ Canada application number 1932257 filed 11/23/2018]. 15 U.S.C.Section 1126(d), as amended.

Proposed:
Tracked Text Description: action figures and action figure accessories; action skill games; arcade games; balls; hand balls; bats; bats for games; battery operated action toys; bean bag animals; toys, namely, bean bag animals; bean bags; billiard balls; board games; bobble head dolls; card games; Christmas tree ornaments and decorations; computer game joysticks; construction toy figures and construction toys; controllers for game consoles; covers for golf clubs; dart boards; electronic action toys; fitted plastic films known as skins for covering and protecting electronic game playing apparatus, namely, game consoles; game controllers for computer games; gaming mice; golf bags; golf balls; golf clubs; golf gloves; golf tees; hand-held units for playing electronic games; mechanical action toys; musical toys; play figures; playing cards; plush toys; role playing games; stuffed toy animals; tabletop games; toy banks; toy cars; toy foam novelty items, namely, foam fingers and hands; toy noisemakers; toy trucks; trading card games; video game interactive remote control units; video gaming consoles for playing computer gamesClass 028 for action figures and action figure accessories; action skill games; arcade games; hand balls; bats for games; battery operated action toys; toys, namely, bean bag animals; bean bags; billiard balls; board games; bobble head dolls; card games; Christmas tree ornaments and decorations; computer game joysticks; construction toy figures and construction toys; controllers for game consoles; covers for golf clubs; dart boards; electronic action toys; fitted plastic films known as skins for covering and protecting electronic game playing apparatus, namely, game consoles; game controllers for computer games; gaming mice; golf bags; golf balls; golf clubs; golf gloves; golf tees; hand-held units for playing electronic games; mechanical action toys; musical toys; play figures; playing cards; plush toys; role playing games; stuffed toy animals; tabletop games; toy banks; toy cars; toy foam novelty items, namely, foam fingers and hands; toy noisemakers; toy trucks; trading card games; video game interactive remote control units; video gaming consoles for playing computer games
Filing Basis: Section 44(d), Priority based on foreign filing: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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority based upon a foreign application. 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, 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 or services that meet the certification standards of the applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on [ Canada application number 1932257 filed 11/23/2018]. 15 U.S.C.Section 1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 041 for educational services, namely, organization of programs and seminars in the field of video games and video game tournaments, exhibitions, competitions and events; entertainment services in the nature of eSports and video game contests, providing on-line and live video games, on-line and live video game tournaments, on-line and live video gaming exhibitions, on-line and live video game competitions and video gaming events, on-line and live video game competitions and video gaming events at indoor and outdoor venues and through the media of radio, television, and the Internet; entertainment services, namely, non-downloadable software that allows users to create, modify, upload, download, share, preview, and publish user created interactive video game content, music, and other media files via a global computer network; entertainment services, namely, live performances by video game players; entertainment services, namely, organizing exhibits composed of interactive displays, participatory activities, live performances, and contests involving video games; entertainment services, namely, providing online videos featuring games being played by others; operation and coordination eSports and video game tournaments, leagues and tours for computer game playing purposes; organizing live fan meetings and conferences in the field of video games and video game tournaments, exhibitions, competitions and events; production of broadcast and digital programs featuring news, information, games, tournaments, exhibitions, competitions and events in the field of video games; production of television and global computer communications programs and network broadcast programs featuring news highlights, eSports and video game contests, games, tournaments, exhibitions, competitions and events; providing a web-based system and on-line portal for gamers to participate in on-line gaming, operation and coordination of game tournaments, leagues and tours for computer game playing purposes; providing information via the Internet in the field of video games and video game tournaments, exhibitions, competitions and events featuring news, videos, live scores, statistics, notifications, and commentary; providing online news, information and commentary in the fields of eSports, video games and video game tournaments, video game players, exhibitions, competitions and events; providing temporary use of online non-downloadable software for allowing users to create, modify, and distribute user created content and digital files
Original Filing Basis:
Filing Basis: Section 44(d), Priority based on foreign filing: 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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority based upon a foreign application. For a certification 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, 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 or services that meet the certification standards of the applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on[ Canada application number 1932257 filed 11/23/2018]. 15 U.S.C.Section 1126(d), as amended.

Proposed:
Tracked Text Description: educational services, namely, organization of programs and seminars in the field of video games and video game tournaments, exhibitions, competitions and events; educational services, namely, organization of programs and seminars in the field of on-line and television broadcast video games and video game tournaments, exhibitions, competitions and events; entertainment services in the nature of eSports and video game contests, providing on-line and live video games, on-line and live video game tournaments, on-line and live video gaming exhibitions, on-line and live video game competitions and video gaming events, on-line and live video game competitions and video gaming events at indoor and outdoor venues and through the media of radio, television, and the Internet; entertainment services, namely, non-downloadable software that allows users to create, modify, upload, download, share, preview, and publish user created interactive video game content, music, and other media files via a global computer network; entertainment services, namely, providing on-line non-downloadable software that allows users to create, modify, upload, download, share, preview, and publish user created interactive video game content, music, and other media files via a global computer network; entertainment services, namely, live performances by video game players; entertainment services, namely, organizing exhibits composed of interactive displays, participatory activities, live performances, and contests involving video games; entertainment services, namely, providing online videos featuring games being played by others; entertainment services, namely, providing non-downloadable online videos featuring games being played by others; operation and coordination eSports and video game tournaments, leagues and tours for computer game playing purposes; organizing live fan meetings and conferences in the field of video games and video game tournaments, exhibitions, competitions and events; production of broadcast and digital programs featuring news, information, games, tournaments, exhibitions, competitions and events in the field of video games; production of on-line, television broadcast and digital programs featuring news, information, games, tournaments, exhibitions, competitions and events in the field of video games; production of television and global computer communications programs and network broadcast programs featuring news highlights, eSports and video game contests, games, tournaments, exhibitions, competitions and events; production of on-line, television broadcast, and global computer communications programs and network broadcast programs featuring news highlights, eSports and video game contests, games, tournaments, exhibitions, competitions and events; providing a web-based system and on-line portal for gamers to participate in on-line gaming, operation and coordination of game tournaments, leagues and tours for computer game playing purposes; providing information via the Internet in the field of video games and video game tournaments, exhibitions, competitions and events featuring news, videos, live scores, statistics, notifications, and commentary; providing online news, information and commentary in the fields of eSports, video games and video game tournaments, video game players, exhibitions, competitions and events; providing temporary use of online non-downloadable software for allowing users to create, modify, and distribute user created content and digital filesClass 041 for educational services, namely, organization of programs and seminars in the field of on-line and television broadcast video games and video game tournaments, exhibitions, competitions and events; entertainment services in the nature of eSports and video game contests, providing on-line and live video games, on-line and live video game tournaments, on-line and live video gaming exhibitions, on-line and live video game competitions and video gaming events, on-line and live video game competitions and video gaming events at indoor and outdoor venues and through the media of radio, television, and the Internet; entertainment services, namely, providing on-line non-downloadable software that allows users to create, modify, upload, download, share, preview, and publish user created interactive video game content, music, and other media files via a global computer network; entertainment services, namely, live performances by video game players; entertainment services, namely, organizing exhibits composed of interactive displays, participatory activities, live performances, and contests involving video games; entertainment services, namely, providing non-downloadable online videos featuring games being played by others; operation and coordination eSports and video game tournaments, leagues and tours for computer game playing purposes; organizing live fan meetings and conferences in the field of video games and video game tournaments, exhibitions, competitions and events; production of on-line, television broadcast and digital programs featuring news, information, games, tournaments, exhibitions, competitions and events in the field of video games; production of on-line, television broadcast, and global computer communications programs and network broadcast programs featuring news highlights, eSports and video game contests, games, tournaments, exhibitions, competitions and events; providing a web-based system and on-line portal for gamers to participate in on-line gaming, operation and coordination of game tournaments, leagues and tours for computer game playing purposes; providing information via the Internet in the field of video games and video game tournaments, exhibitions, competitions and events featuring news, videos, live scores, statistics, notifications, and commentary; providing online news, information and commentary in the fields of eSports, video games and video game tournaments, video game players, exhibitions, competitions and events
Filing Basis: Section 44(d), Priority based on foreign filing: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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority based upon a foreign application. 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, 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 or services that meet the certification standards of the applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on [ Canada application number 1932257 filed 11/23/2018]. 15 U.S.C.Section 1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.

The applicant's current attorney information: Robert P. Felber, Jr.. Robert P. Felber, Jr. of WALLER LANSDEN DORTCH & DAVIS, LLP, is located at

      SUITE 2700
      511 UNION STREET
      NASHVILLE, Tennessee 37219
      US
The docket/reference number is 035679.86840.

The phone number is 615-850-8741.

The fax number is 615-244-6804.

The email address is robert.felber@wallerlaw.com

The applicants proposed attorney information: Robert P. Felber, Jr.. Other appointed attorneys are Robert P. Felber; Kristen F. Johns; Blake M. Bernard; Matthew C. Cox; Leigh M. Stanfield. Robert P. Felber, Jr. of WALLER LANSDEN DORTCH & DAVIS, 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

      SUITE 2700
      511 UNION STREET
      NASHVILLE, Tennessee 37219
      United States
The docket/reference number is 035679.86840.

The phone number is 615-850-8741.

The fax number is 615-244-6804.

The email address is robert.felber@wallerlaw.com

Robert P. Felber, Jr. 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: ROBERT P. FELBER, JR.. ROBERT P. FELBER, JR. of WALLER LANSDEN DORTCH & DAVIS, LLP, is located at

      SUITE 2700
      511 UNION STREET
      NASHVILLE, Tennessee 37219
      US
The docket/reference number is 035679.86840.

The phone number is 615-850-8741.

The fax number is 615-244-6804.

The email address is robert.felber@wallerlaw.com; trademarkdocket@wallerlaw.com

The applicants proposed correspondence information: Robert P. Felber, Jr.. Robert P. Felber, Jr. of WALLER LANSDEN DORTCH & DAVIS, LLP, is located at

      SUITE 2700
      511 UNION STREET
      NASHVILLE, Tennessee 37219
      United States
The docket/reference number is 035679.86840.

The phone number is 615-850-8741.

The fax number is 615-244-6804.

The email address is robert.felber@wallerlaw.com; leigh.stanfield@wallerlaw.com; trademarkdocket@wallerlaw.com

SIGNATURE(S)
Response Signature
Signature: /Julian L. Bibb IV/     Date: 11/26/2019
Signatory's Name: Julian L. Bibb, IV
Signatory's Position: Attorney of Record, Tennessee Bar member

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:    ROBERT P. FELBER, JR.
   WALLER LANSDEN DORTCH & DAVIS, LLP
   SUITE 2700
   511 UNION STREET
   NASHVILLE, Tennessee 37219
Mailing Address:    Robert P. Felber, Jr.
   WALLER LANSDEN DORTCH & DAVIS, LLP
   SUITE 2700
   511 UNION STREET
   NASHVILLE, Tennessee 37219
        
Serial Number: 88378193
Internet Transmission Date: Wed Nov 27 09:43:22 EST 2019
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.XXX-20191127094322
981042-88378193-70012e063fd5ed6b26e7b721
2122fc55619fa3d7793dbcceb0e1fd55abdba604
c-N/A-N/A-20191126154016785291