TEAS Request Reconsideration after FOA

PTO- 1960

Approved for use through 11/30/2023. OMB 0651-0050

U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number

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PTO- 1960

Approved for use through 11/30/2023. OMB 0651-0050

U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number

Request for Reconsideration after Final Action

To the Commissioner for Trademarks:

Application serial no. 88386845 TWITCH(Standard Characters, see http://uspto.report/TM/88386845/mark.png) has been amended as follows:

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

In the Final Office Action, the Examining Attorney has issued a partial 2(d) refusal of a few of Applicant's specifications on the grounds that they could encompass the goods in the cited registration or services related to such goods. In this Request for Reconsideration Applicant is narrowing its identification. In light of the clarifying amendments of the Application's goods and services, Applicant respectfully submits that the cited registration does not present a bar under Section 2(d). Accordingly, Applicant respectfully requests that the application be approved for publication.

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 009 for Downloadable or recorded computer software for broadcasting, transmitting, receiving, accessing, viewing, uploading, downloading, sharing, integrating, encoding, decoding, displaying, formatting, organizing, storing, caching, transferring and streaming of movies; Downloadable or recorded computer software for encoding, decoding, and caching data, text, games, game content, digital media, images, music, audio, video, and animations; Downloadable or recorded application programming interface (API) software for broadcasting, transmitting, receiving, accessing, viewing, uploading, downloading, sharing, integrating, encoding, decoding, displaying, formatting, organizing, storing, caching, transferring and streaming of movies; Downloadable or recorded application programming interface (API) software for encoding, decoding, and caching data, text, games, game content, digital media, images, music, audio, video, and animations; Downloadable or recorded computer software for creating, viewing, sending, and receiving electronic mail; Downloadable or recorded computer software for creating emoticons; Downloadable or recorded software development kits (SDK's) for developing software for broadcasting, transmitting, receiving, accessing, viewing, uploading, downloading, sharing, integrating, encoding, decoding, displaying, formatting, organizing, storing, caching, transferring and streaming of data, text, games, game content, digital media, images, music, audio, video, movies and animations; Downloadable or recorded software for streaming television (TV) programming; Digital media streaming devices for streaming electronic games, music, and movies; Computer hardware; Computer hardware with specialized features for enhanced game playing; Downloadable or recorded character and voice recognition software; Downloadable or recorded computer software for creating, placing, transmitting and measuring the effectiveness of advertisements; Downloadable or recorded software for filtering internet searches; Downloadable or recorded software, namely, parental control software for use in restricting access to online videos and games; Video recordings featuring sports, e-sports, games, video games, video game playing, video game players, video game competitions, action, adventure, animation, art, biography, children's programming, comedy, crime, drama, family, fantasy, film-noir, history, horror, martial arts, music, mystery, religion, romance, science fiction, suspense, technology, thrillers, war, westerns and young adult programming; Downloadable music files; Downloadable movies and documentaries featuring sports, e-sports, games, video games, video game playing, video game players and video game competitions; Downloadable movies in the fields of action, adventure, animation, art, biography, children's programming, comedy, crime, drama, family, fantasy, film-noir, history, horror, martial arts, music, mystery, religion, romance, science fiction, suspense, technology, thrillers, war, westerns and young adult programming; Downloadable or recorded electronic publications, namely, books, magazines, newspapers, periodicals, newsletters, journals and manuals featuring e-sports, video gaming, video games and video game players recorded on computer media
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 or recorded computer software for broadcasting, transmitting, receiving, accessing, viewing, uploading, downloading, sharing, integrating, encoding, decoding, displaying, formatting, organizing, storing, caching, transferring and streaming of movies; Downloadable or recorded computer software for encoding, decoding, and caching data, text, games, game content, digital media, images, music, audio, video, and animations; Downloadable or recorded application programming interface (API) software for broadcasting, transmitting, receiving, accessing, viewing, uploading, downloading, sharing, integrating, encoding, decoding, displaying, formatting, organizing, storing, caching, transferring and streaming of movies; Downloadable or recorded application programming interface (API) software for encoding, decoding, and caching data, text, games, game content, digital media, images, music, audio, video, and animations; Downloadable or recorded computer software for creating, viewing, sending, and receiving electronic mail; Downloadable or recorded computer software for creating emoticons; Downloadable or recorded software development kits (SDK's) for developing software for broadcasting, transmitting, receiving, accessing, viewing, uploading, downloading, sharing, integrating, encoding, decoding, displaying, formatting, organizing, storing, caching, transferring and streaming of data, text, games, game content, digital media, images, music, audio, video, movies and animations; Downloadable or recorded software for streaming television (TV) programming; Digital media streaming devices for streaming electronic games, music, and movies; Computer hardware; Downloadable or recorded character and voice recognition software; Computer hardware with specialized features for enhanced game playing; Downloadable or recorded computer software for creating, placing, transmitting and measuring the effectiveness of advertisements; Downloadable or recorded software for filtering internet searches; Downloadable or recorded software, namely, parental control software for use in restricting access to online videos and games; Video recordings featuring sports, e-sports, games, video games, video game playing, video game players, video game competitions, action, adventure, animation, art, biography, children's programming, comedy, crime, drama, family, fantasy, film-noir, history, horror, martial arts, music, mystery, religion, romance, science fiction, suspense, technology, thrillers, war, westerns and young adult programming; Downloadable music files; Downloadable movies and documentaries featuring sports, e-sports, games, video games, video game playing, video game players and video game competitions; Downloadable movies in the fields of action, adventure, animation, art, biography, children's programming, comedy, crime, drama, family, fantasy, film-noir, history, horror, martial arts, music, mystery, religion, romance, science fiction, suspense, technology, thrillers, war, westerns and young adult programming; Downloadable or recorded electronic publications, namely, books, magazines, newspapers, periodicals, newsletters, journals and manuals featuring e-sports, video gaming, video games and video game players recorded on computer mediaClass 009 for Downloadable or recorded computer software for broadcasting, transmitting, receiving, accessing, viewing, uploading, downloading, sharing, integrating, encoding, decoding, displaying, formatting, organizing, storing, caching, transferring and streaming of movies; Downloadable or recorded computer software for encoding, decoding, and caching data, text, games, game content, digital media, images, music, audio, video, and animations; Downloadable or recorded application programming interface (API) software for broadcasting, transmitting, receiving, accessing, viewing, uploading, downloading, sharing, integrating, encoding, decoding, displaying, formatting, organizing, storing, caching, transferring and streaming of movies; Downloadable or recorded application programming interface (API) software for encoding, decoding, and caching data, text, games, game content, digital media, images, music, audio, video, and animations; Downloadable or recorded computer software for creating, viewing, sending, and receiving electronic mail; Downloadable or recorded computer software for creating emoticons; Downloadable or recorded software development kits (SDK's) for developing software for broadcasting, transmitting, receiving, accessing, viewing, uploading, downloading, sharing, integrating, encoding, decoding, displaying, formatting, organizing, storing, caching, transferring and streaming of data, text, games, game content, digital media, images, music, audio, video, movies and animations; Downloadable or recorded software for streaming television (TV) programming; Digital media streaming devices for streaming electronic games, music, and movies; Downloadable or recorded character and voice recognition software; Downloadable or recorded computer software for creating, placing, transmitting and measuring the effectiveness of advertisements; Downloadable or recorded software for filtering internet searches; Downloadable or recorded software, namely, parental control software for use in restricting access to online videos and games; Video recordings featuring sports, e-sports, games, video games, video game playing, video game players, video game competitions, action, adventure, animation, art, biography, children's programming, comedy, crime, drama, family, fantasy, film-noir, history, horror, martial arts, music, mystery, religion, romance, science fiction, suspense, technology, thrillers, war, westerns and young adult programming; Downloadable music files; Downloadable movies and documentaries featuring sports, e-sports, games, video games, video game playing, video game players and video game competitions; Downloadable movies in the fields of action, adventure, animation, art, biography, children's programming, comedy, crime, drama, family, fantasy, film-noir, history, horror, martial arts, music, mystery, religion, romance, science fiction, suspense, technology, thrillers, war, westerns and young adult programming; Downloadable or recorded electronic publications, namely, books, magazines, newspapers, periodicals, newsletters, journals and manuals featuring e-sports, video gaming, video games and video game players recorded on computer media
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.

Webpage URL: None Provided
Webpage Date of Access: None Provided


Applicant proposes to amend the following:

Current:
Class 035 for Retail store services featuring books and magazines; online retail store services featuring books and magazines; Retail store services featuring gaming videos, gaming hardware and game software; Retail store services featuring downloadable audio, video, multimedia, emoticons, badges, images and chat colors; retail store services featuring virtual goods and merchandise for use by members of an online community in connection with a designated website featuring streaming video games and related content; Retail store services featuring game software enhancements and components; Retail store services featuring consumer electronics, computer and communications hardware and software, and electronic publications; Arranging sponsorships for the goods and services of others; Administration and coordination of team leagues in the field of video gaming; Administration and coordination of recreational opportunities for individuals who wish to participate in team leagues
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: Retail store services featuring books and magazines; online retail store services featuring books and magazines; Retail store services featuring gaming videos, gaming hardware and game software; Retail store services featuring gaming videos and game software; Retail store services featuring downloadable audio, video, multimedia, emoticons, badges, images and chat colors; retail store services featuring virtual goods and merchandise for use by members of an online community in connection with a designated website featuring streaming video games and related content; Retail store services featuring game software enhancements and components; Retail store services featuring consumer electronics, computer and communications hardware and software, and electronic publications; Retail store services featuring computer and communications software and electronic publications; Arranging sponsorships for the goods and services of others; Administration and coordination of team leagues in the field of video gaming; Administration and coordination of recreational opportunities for individuals who wish to participate in team leaguesClass 035 for Retail store services featuring books and magazines; online retail store services featuring books and magazines; Retail store services featuring gaming videos and game software; Retail store services featuring downloadable audio, video, multimedia, emoticons, badges, images and chat colors; retail store services featuring virtual goods and merchandise for use by members of an online community in connection with a designated website featuring streaming video games and related content; Retail store services featuring game software enhancements and components; Retail store services featuring computer and communications software and electronic publications; Arranging sponsorships for the goods and services of others; Administration and coordination of team leagues in the field of video gaming; Administration and coordination of recreational opportunities for individuals who wish to participate in team leagues
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.

Webpage URL: None Provided
Webpage Date of Access: None Provided

Correspondence Information (current):
      Christopher L. Graff
      PRIMARY EMAIL FOR CORRESPONDENCE: tmcentral@pirkeybarber.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): docket@amazon.com

The docket/reference number is AMZN132US1.
Correspondence Information (proposed):
      Christopher L. Graff
      PRIMARY EMAIL FOR CORRESPONDENCE: tmcentral@pirkeybarber.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): docket@amazon.com

The docket/reference number is AMZN132US1.

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).

SIGNATURE(S)
Request for Reconsideration Signature
Signature: /Rebecca McCurry/     Date: 05/27/2021
Signatory's Name: Rebecca McCurry
Signatory's Position: Member, Pirkey Barber PLLC, Texas Bar Member

Signatory's Phone Number: 5123225200 Signature method: Signed directly within the form

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:    Christopher L. Graff
   Pirkey Barber PLLC
   
   1801 East 6th Street, Suite 300
   Austin, Texas 78702
Mailing Address:    Christopher L. Graff
   Pirkey Barber PLLC
   1801 East 6th Street, Suite 300
   Austin, Texas 78702
        
Serial Number: 88386845
Internet Transmission Date: Thu May 27 20:56:04 ET 2021
TEAS Stamp: USPTO/RFR-XX.XXX.XX.XXX-2021052720560448
5327-88386845-78033b07cf3fc62d48317842e9
e211acab358ff1b4210fdf277d7953e8fa9a6218
-N/A-N/A-20210527204556007068