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
The table below presents the data as entered.
Input Field
|
Entered
|
SERIAL NUMBER |
88386848 |
LAW OFFICE ASSIGNED |
LAW OFFICE 117 |
MARK SECTION |
MARK FILE NAME |
http://uspto.report/TM/88386848/mark.png |
STANDARD CHARACTERS |
NO |
USPTO-GENERATED IMAGE |
NO |
GOODS AND/OR SERVICES SECTION (009)(current) |
INTERNATIONAL CLASS |
009 |
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; 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) |
GOODS AND/OR SERVICES SECTION (009)(proposed) |
INTERNATIONAL CLASS |
009 |
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 media |
FINAL 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; 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) |
GOODS AND/OR SERVICES SECTION (035)(current) |
INTERNATIONAL CLASS |
035 |
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 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) |
GOODS AND/OR SERVICES SECTION (035)(proposed) |
INTERNATIONAL CLASS |
035 |
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 leagues |
FINAL 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 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) |
GOODS AND/OR SERVICES SECTION (041)(current) |
INTERNATIONAL CLASS |
041 |
DESCRIPTION |
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) |
GOODS AND/OR SERVICES SECTION (041)(proposed) |
INTERNATIONAL CLASS |
041 |
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 games |
FINAL DESCRIPTION |
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) |
GOODS AND/OR SERVICES SECTION (042)(current) |
INTERNATIONAL CLASS |
042 |
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; 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) |
GOODS AND/OR SERVICES SECTION (042)(proposed) |
INTERNATIONAL CLASS |
042 |
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; 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 |
FINAL 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; 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) |
SIGNATURE SECTION |
RESPONSE SIGNATURE |
/James F. Struthers/ |
SIGNATORY'S NAME |
James F. Struthers |
SIGNATORY'S POSITION |
Attorney of Record, TX Bar Member |
SIGNATORY'S PHONE NUMBER |
214 206-4300 |
DATE SIGNED |
01/08/2020 |
AUTHORIZED SIGNATORY |
YES |
FILING INFORMATION SECTION |
SUBMIT DATE |
Wed Jan 08 10:56:02 EST 2020 |
TEAS STAMP |
USPTO/ROA-XX.XXX.XX.XXX-2
0200108105602683372-88386
848-700a818c9ede8cb71bc2d
89907f1bb0245e1143fba6796
4c57f5e525f1deef262-N/A-N
/A-20200108104549720807 |
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.
88386848 (Stylized and/or with Design, see http://uspto.report/TM/88386848/mark.png) has been amended as follows:
CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 009 for Downloadable 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
Original Filing Basis:
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was
entitled, to use the mark in commerce on or in connection with the identified goods/services in the application.
For a collective trademark, collective service mark, or collective membership
mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members
on or in connection with the identified goods/services/collective membership organization.
For a certification mark application: As of the application filing date, the applicant had a
bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will
not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that
meet the certification standards of the applicant.
Proposed:
Tracked Text Description: Downloadable 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 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 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
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;
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 class of goods/services in the application:
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
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 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 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 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
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 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 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;
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.
SIGNATURE(S)
Response Signature
Signature: /James F. Struthers/ Date: 01/08/2020
Signatory's Name: James F. Struthers
Signatory's Position: Attorney of Record, TX Bar Member
Signatory's Phone Number: 214 206-4300
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.
Serial Number: 88386848
Internet Transmission Date: Wed Jan 08 10:56:02 EST 2020
TEAS Stamp: USPTO/ROA-XX.XXX.XX.XXX-2020010810560268
3372-88386848-700a818c9ede8cb71bc2d89907
f1bb0245e1143fba67964c57f5e525f1deef262-
N/A-N/A-20200108104549720807