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. 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:



CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 009 for Computer software for broadcasting, transmitting, receiving, accessing, viewing, uploading, downloading, sharing, integrating, encoding, decoding, displaying, formatting, organizing, storing, caching, transferring and streaming of movies; computer software for encoding, decoding, and caching data, text, games, game content, digital media, images, music, audio, video, and animations; 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; application programming interface (API) software for encoding, decoding, and caching data, text, games, game content, digital media, images, music, audio, video, and animations; computer software for electronic mail; computer software for creating emoticons; 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; software for television (TV) programming; electronic game, music and movie streaming devices; computer hardware; computer hardware with specialized features for enhanced game playing; game consoles and controllers; character and voice recognition software; computer software for creating, placing, transmitting and measuring the effectiveness of advertisements; software for filtering internet searches; 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; 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
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: 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 broadcasting, transmitting, receiving, accessing, viewing, uploading, downloading, sharing, integrating, encoding, decoding, displaying, formatting, organizing, storing, caching, transferring and streaming of movies; computer 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 encoding, decoding, and caching data, text, games, game content, digital media, images, music, audio, video, and animations; 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 broadcasting, transmitting, receiving, accessing, viewing, uploading, downloading, sharing, integrating, encoding, decoding, displaying, formatting, organizing, storing, caching, transferring and streaming of movies; 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 application programming interface (API) software for encoding, decoding, and caching data, text, games, game content, digital media, images, music, audio, video, and animations; computer software for electronic mail; Downloadable or recorded computer software for creating, viewing, sending, and receiving electronic mail; computer software for creating emoticons; Downloadable or recorded computer software for creating emoticons; 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 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; software for television (TV) programming; Downloadable or recorded software for streaming television (TV) programming; Electronic game, music and movie streaming devices; Computer hardware; Computer hardware with specialized features for enhanced game playing; game consoles and controllers; Downloadable or recorded character and voice recognition software; character and voice recognition software; Downloadable or recorded computer software for creating, placing, transmitting and measuring the effectiveness of advertisements; computer software for creating, placing, transmitting and measuring the effectiveness of advertisements; Downloadable or recorded software for filtering internet searches; software for filtering internet searches; Downloadable or recorded software, namely, parental control software for use in restricting access to online videos and games; 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; 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; Electronic game, music and movie streaming devices; 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.

Applicant proposes to amend the following class of goods/services in the application:
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 consumers electronics, computer and communications hardware and software, and electronic publications; arranging sponsorships for 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
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: 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 consumers electronics, computer and communications hardware and software, and electronic publications; arranging sponsorships for others; 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, 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 consumers 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.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 041 for Entertainment services, namely, providing a web site where users can access and view gaming-related movies; music production and publishing; organizing video gaming leagues; publishing of game software; publishing of books, electronic books, magazines, periodicals, literary works, visual works, audio works, and audiovisual works; publishing of online works of others featuring user-generated text, audio, video, and graphics; providing online publications in the nature of books, magazines, periodicals in the field of e-sports, video gaming, video games and video game players; entertainment services, namely, providing online non-downloadable music tailored to viewer's programming preferences; entertainment services, namely, providing non-downloadable movies and documentaries; entertainment services, namely, providing online, non-downloadable virtual clothing, colors, badges, tools and weapons for use in virtual environments created for entertainment purposes; providing educational training, namely, online tutorials in the field of video gaming and video games
Original Filing Basis:
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant.

Proposed:
Tracked Text Description: Entertainment services, namely, providing a web site where users can access and view gaming-related movies; Entertainment services, namely, providing a web site featuring gaming-related movies; Music production and publishing; organizing video gaming leagues; Entertainment services, namely, providing a web site for organizing video gaming leagues; Publishing of game software; Publishing of books, electronic books, magazines, periodicals, literary works, visual works, audio works, and audiovisual works; Publishing of online works of others featuring user-generated text, audio, video, and graphics; Providing online publications in the nature of books, magazines, periodicals in the field of e-sports, video gaming, video games and video game players; entertainment services, namely, providing online non-downloadable music tailored to viewer's programming preferences; entertainment services, namely, providing non-downloadable movies and documentaries; Entertainment services, namely, providing non-downloadable movies and documentaries via a website; Entertainment services, namely, providing online, non-downloadable virtual clothing, colors, badges, tools and weapons for use in virtual environments created for entertainment purposes; Providing educational training, namely, online tutorials in the field of video gaming and video gamesClass 041 for Entertainment services, namely, providing a web site featuring gaming-related movies; Music production and publishing; Entertainment services, namely, providing a web site for organizing video gaming leagues; Publishing of game software; Publishing of books, electronic books, magazines, periodicals, literary works, visual works, audio works, and audiovisual works; Publishing of online works of others featuring user-generated text, audio, video, and graphics; Providing online publications in the nature of books, magazines, periodicals in the field of e-sports, video gaming, video games and video game players; entertainment services, namely, providing online non-downloadable music tailored to viewer's programming preferences; Entertainment services, namely, providing non-downloadable movies and documentaries via a website; Entertainment services, namely, providing online, non-downloadable virtual clothing, colors, badges, tools and weapons for use in virtual environments created for entertainment purposes; Providing educational training, namely, online tutorials in the field of video gaming and video games
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 042 for Providing temporary use of online non-downloadable software and software as a service featuring software for encoding, decoding, and caching data, text, games, game content, digital media, images, music, audio, video and animations; providing temporary use of online non-downloadable software and software as a service featuring software for electronic mail; providing temporary use of online non-downloadable software and software as a service featuring software for creating emoticons; providing temporary use of online non-downloadable software and software as a service featuring software for television (TV) programming; providing temporary use of online non-downloadable software and software as a service featuring software for character and voice recognition; providing temporary use of online non-downloadable software and software as a service featuring software for creating, placing, transmitting and measuring the effectiveness of advertisements; providing temporary use of online non-downloadable software and software as a service featuring software for filtering internet searches; providing temporary use of online non-downloadable software and software as a service featuring software for parental control enabling access to games, including electronic, computer and video games; computer software consulting services in the field of gaming technology and graphics software; computer programming services; providing temporary use of non-downloadable computer software for enhancing computer performance, for operation of integrated circuits, semiconductors, computer chipsets and micro-processors; providing temporary use of non-downloadable computer software for computer graphics; platform as a service (PaaS) featuring computer software platforms for graphic design; providing virtual computer systems and virtual computer environments through cloud computing; providing cloud computing services; computer services, namely, cloud hosting provider services; providing virtual computer systems, graphics processing units (GPUs), and virtual computer environments through cloud computing; design and development of computer hardware, software and peripherals for others; hosting of third party digital content in the nature of photos, games, and web sites; computer hardware, software, application, and network consulting services; digital and electronic file data transfer from one computer format to another; provision of Internet and computer network search engines; graphic design services; software maintenance, installation and update services; software as a service that allows gamers to live broadcast their games from a gaming console
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: Providing temporary use of online non-downloadable software and software as a service featuring software for encoding, decoding, and caching data, text, games, game content, digital media, images, music, audio, video and animations; providing temporary use of online non-downloadable software and software as a service featuring software for electronic mail; Providing temporary use of online non-downloadable software and software as a service featuring software for creating, viewing, sending, and receiving electronic mail; Providing temporary use of online non-downloadable software and software as a service featuring software for creating emoticons; Providing temporary use of online non-downloadable software and software as a service featuring software for television (TV) programming; Providing temporary use of online non-downloadable software and software as a service featuring software for character and voice recognition; Providing temporary use of online non-downloadable software and software as a service featuring software for creating, placing, transmitting and measuring the effectiveness of advertisements; Providing temporary use of online non-downloadable software and software as a service featuring software for filtering internet searches; Providing temporary use of online non-downloadable software and software as a service featuring software for parental control enabling access to games, including electronic, computer and video games; computer software consulting services in the field of gaming technology and graphics software; computer programming services; Providing temporary use of non-downloadable computer software for enhancing computer performance, for operation of integrated circuits, semiconductors, computer chipsets and micro-processors; providing temporary use of non-downloadable computer software for computer graphics; Providing temporary use of non-downloadable computer software for accelerating computer graphics; Platform as a service (PaaS) featuring computer software platforms for graphic design; Providing virtual computer systems and virtual computer environments through cloud computing; Providing cloud computing services; Computer services, namely, cloud hosting provider services; Providing virtual computer systems, graphics processing units (GPUs), and virtual computer environments through cloud computing; Design and development of computer hardware, software and peripherals for others; Hosting of third party digital content in the nature of photos, games, and web sites; computer hardware, software, application, and network consulting services; Consulting services in the fields of design, selection, implementation, and use of computer hardware, software, applications, and networks; Digital and electronic file data transfer from one computer format to another; Provision of Internet and computer network search engines; Graphic design services; Software maintenance, installation and update services; Software as a service that allows gamers to live broadcast their games from a gaming consoleClass 042 for Providing temporary use of online non-downloadable software and software as a service featuring software for encoding, decoding, and caching data, text, games, game content, digital media, images, music, audio, video and animations; Providing temporary use of online non-downloadable software and software as a service featuring software for creating, viewing, sending, and receiving electronic mail; Providing temporary use of online non-downloadable software and software as a service featuring software for creating emoticons; Providing temporary use of online non-downloadable software and software as a service featuring software for television (TV) programming; Providing temporary use of online non-downloadable software and software as a service featuring software for character and voice recognition; Providing temporary use of online non-downloadable software and software as a service featuring software for creating, placing, transmitting and measuring the effectiveness of advertisements; Providing temporary use of online non-downloadable software and software as a service featuring software for filtering internet searches; Providing temporary use of online non-downloadable software and software as a service featuring software for parental control enabling access to games, including electronic, computer and video games; computer software consulting services in the field of gaming technology and graphics software; computer programming services; Providing temporary use of non-downloadable computer software for enhancing computer performance, for operation of integrated circuits, semiconductors, computer chipsets and micro-processors; Providing temporary use of non-downloadable computer software for accelerating computer graphics; Platform as a service (PaaS) featuring computer software platforms for graphic design; Providing virtual computer systems and virtual computer environments through cloud computing; Providing cloud computing services; Computer services, namely, cloud hosting provider services; Providing virtual computer systems, graphics processing units (GPUs), and virtual computer environments through cloud computing; Design and development of computer hardware, software and peripherals for others; Hosting of third party digital content in the nature of photos, games, and web sites; Consulting services in the fields of design, selection, implementation, and use of computer hardware, software, applications, and networks; Digital and electronic file data transfer from one computer format to another; Provision of Internet and computer network search engines; Graphic design services; Software maintenance, installation and update services; Software as a service that allows gamers to live broadcast their games from a gaming console
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: James F. Struthers. James F. Struthers of RICHARD LAW GROUP, is located at

      13355 NOEL RD STE 1350
      DALLAS, Texas 75240
      US
The docket/reference number is TMKM28282.

The phone number is 214-206-4300.

The fax number is 214-206-4330.

The email address is clarissa@richardlawgroup.com

The applicants proposed attorney information: James F. Struthers. Other appointed attorneys are David Diamond, Molly Richard. James F. Struthers of RICHARD LAW GROUP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      13355 NOEL RD STE 1350
      DALLAS, Texas 75240
      United States
The docket/reference number is TMKM28282.

The phone number is 214-206-4300.

The fax number is 214-206-4330.

The email address is clarissa@richardlawgroup.com

James F. Struthers 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: JAMES F. STRUTHERS. JAMES F. STRUTHERS of RICHARD LAW GROUP, is located at

      13355 NOEL RD STE 1350
      DALLAS, Texas 75240
      US
The docket/reference number is TMKM28282.

The phone number is 214-206-4300.

The fax number is 214-206-4330.

The email address is clarissa@richardlawgroup.com; docket@amazon.com; jim@richardlawgroup.com

The applicants proposed correspondence information: James F. Struthers. James F. Struthers of RICHARD LAW GROUP, is located at

      13355 NOEL RD STE 1350
      DALLAS, Texas 75240
      United States
The docket/reference number is TMKM28282.

The phone number is 214-206-4300.

The fax number is 214-206-4330.

The email address is clarissa@richardlawgroup.com; docket@amazon.com; jim@richardlawgroup.com

SIGNATURE(S)
Response Signature
Signature: /James F. Struthers/     Date: 12/05/2019
Signatory's Name: James F. Struthers
Signatory's Position: Attorney of Record, TX 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:    JAMES F. STRUTHERS
   RICHARD LAW GROUP
   
   13355 NOEL RD STE 1350
   DALLAS, Texas 75240
Mailing Address:    James F. Struthers
   RICHARD LAW GROUP
   13355 NOEL RD STE 1350
   DALLAS, Texas 75240
        
Serial Number: 88386845
Internet Transmission Date: Thu Dec 05 11:30:16 EST 2019
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XX-2019120511301687
9100-88386845-700232a18b4770dced58a683d0
2179d7ebb8665d4680c0482d4e50c176319de26d
-N/A-N/A-20191205111231486131