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:

In the Office Action, the Examining Attorney has refused registration of Applicant?s Mark under Section 2(d) based on an alleged likelihood of confusion with U.S. Registration No. 4518014. Applicant notes that a Section 8 Declaration of Use was due for the Cited Registration on April 22, 2020. As the owner of the Cited Registration has not yet submitted the required Declaration, Applicant respectfully requests that its application be suspended until the grace period for the Cited Registration expires. See TMEP Section 716.02(e).

EVIDENCE
Evidence has been attached: screenshots of the TSDR page for cited registration number 4518014
Original PDF file:
evi_21620115974-202006032 03651357688_._creenshot_- _TWITCH_-_Reg._4518014_-_ Reg._Date_April_22__2014.pdf
Converted PDF file(s) ( 3 pages) Evidence-1Evidence-2Evidence-3
Original PDF file:
evi_21620115974-202006032 03651357688_._ance_Page_- _TWITCH_-_Reg._4518014_-_ Reg._Date_April_22__2014.pdf
Converted PDF file(s) ( 1 page) Evidence-1

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; 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.


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; Electronic game, music and movie streaming devices; 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 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; 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:

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 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 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; 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 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 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.

Applicant proposes to amend the following:

Current:
Class 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.


Proposed:

Tracked Text Description: Entertainment services, namely, providing a web site featuring gaming-related movies; Entertainment services, namely, providing a web site featuring non-downloadable 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; Providing online non-downloadable 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; Providing educational training, namely, online video tutorials in the field of video gaming and video gamesClass 041 for Entertainment services, namely, providing a web site featuring non-downloadable 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 non-downloadable 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 video 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:

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 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.


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 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; Providing cloud computing services featuring software for use in processing computer graphics and software for use in database management; 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 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 featuring software for use in processing computer graphics and software for use in database management; 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.

OWNER AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: Twitch Interactive, Inc., a corporation of Delaware, having an address of
      350 Bush Street, 2nd Floor
      San Francisco, California 94104
      United States

Proposed: Twitch Interactive, Inc., a corporation of Delaware, having an address of
      350 Bush Street, 2nd Floor
      San Francisco, California 94104
      United States
      Email Address: XXXX
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)
Response Signature
Signature: /Rebecca Younger McCurry/     Date: 06/08/2020
Signatory's Name: Rebecca Younger McCurry
Signatory's Position: Associate Attorney, Pirkey Barber PLLC, Texas Bar member

Signatory's Phone Number: 512-322-5200

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:    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: Tue Jun 09 11:22:56 ET 2020
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.XX-202006091122565
78208-88386845-7103bffd85cccf7ee14a22483
63b1e1b48a93c2955348a84d34fa41654f7c2429
6-N/A-N/A-20200608211101927097