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. 88421213 FOX BET (Stylized and/or with Design, see http://uspto.report/TM/88421213/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 041 for Entertainment services; educational services; betting services; gambling services; wagering services; entertainment services, namely, providing on-line computer games; entertainment services, namely, providing a website for on-line gambling, betting, and wagering; online gaming and gambling services, namely, providing a web-based system and online portal for customers to participate in on-line gaming and gambling; gaming services in the nature of gambling; providing online non-downloadable game software; organization of electronic game competitions; organization of games; gaming services in the nature of conducting online gambling; entertainment services, namely, providing temporary use of non-downloadable computer games, electronic games, and interactive games; providing temporary use of non-downloadable gaming and gambling software; entertainment services, namely, providing online electronic games; electronic games services provided by means of the internet or other communications network; entertainment services, namely, providing games of chance via the internet; entertainment services in the nature of fantasy sports leagues; providing entertainment information via a website; providing a website featuring information about gaming, sports, sporting events, and gambling; providing sports news; entertainment services, namely, providing virtual environments in which users can interact for recreational, leisure or entertainment purposes; entertainment services, namely, arranging and conducting interactive peer to peer gambling competitions via global computer network, via social networking and via mobile phones, personal electronic devices, and portable electronic game systems; providing on-line, non-downloadable electronic publications, namely, newsletters, magazines, blogs, and non-downloadable multimedia content in the fields of entertainment, gaming, gambling, sports, and sporting events; educational services, namely, providing classes, workshops, seminars, and online instruction in the fields of gaming, sports, sporting events, and gambling; entertainment services, namely, contest and incentive award programs designed to reward program participants who engage in gaming and gambling; organizing and conducting sporting and entertainment events, the proceeds of which are donated to charity; entertainment services in the nature of organizing, arranging and hosting social entertainment events; entertainment services, namely, provision of on-going multimedia programs in the field of television and video entertainment featuring sports, sporting events, gambling, music commentary and news distributed via various platforms across multiple forms of transmission media; virtual reality game services provided on-line from a computer network
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; Betting services; educational services; gambling services; wagering services; entertainment services, namely, providing on-line computer games; entertainment services, namely, providing a website for on-line gambling, betting, and wagering; online gaming and gambling services, namely, providing a web-based system and online portal for customers to participate in on-line gaming and gambling; gaming services in the nature of sports wagering; providing online non-downloadable game software; gaming services in the nature of gambling; organization of electronic game competitions; organization of games; gaming services in the nature of conducting online gambling; entertainment services, namely, providing temporary use of non-downloadable computer games, electronic games, and interactive games; providing temporary use of non-downloadable gaming and gambling software; entertainment services, namely, providing online electronic games; electronic games services provided by means of the internet or global communications network; entertainment services, namely, providing games of chance via the internet; electronic games services provided by means of the internet or other communications network; entertainment services in the nature of fantasy sports leagues; providing entertainment information via a website; providing a website featuring information about gaming, sports, sporting events, and gambling; providing sports news; entertainment services, namely, providing virtual environments in which users can interact for recreational, leisure or entertainment purposes; entertainment services, namely, arranging and conducting interactive peer to peer gambling competitions via global computer network, social networking and mobile phones, personal electronic devices, and portable electronic game systems; providing on-line, non-downloadable electronic publications, namely, newsletters, magazines, blogs, and non-downloadable multimedia content in the fields of entertainment, gaming, gambling, sports, and sporting events; entertainment services, namely, arranging and conducting interactive peer to peer gambling competitions via global computer network, via social networking and via mobile phones, personal electronic devices, and portable electronic game systems; educational services, namely, providing classes, workshops, seminars, and online instruction in the fields of gaming, sports, sporting events, and gambling; entertainment services, namely, contest and incentive award programs designed to reward program participants who engage in gaming and gambling; organizing and conducting sporting and entertainment events in the nature of sports wagering, sport competitions, athletic events, live musical, comedy and dramatic performances, the proceeds of which are donated to charity; entertainment services in the nature of organizing, arranging and hosting social entertainment events; organizing and conducting sporting and entertainment events, the proceeds of which are donated to charity; entertainment services, namely, provision of on-going multimedia programs in the field of television and video entertainment featuring sports, sporting events, gambling, music commentary and news distributed via various platforms across multiple forms of transmission media; virtual reality game services provided on-line from a computer network.; virtual reality game services provided on-line from a computer networkClass 041 for Betting services; gambling services; wagering services; entertainment services, namely, providing on-line computer games; entertainment services, namely, providing a website for on-line gambling, betting, and wagering; online gaming and gambling services, namely, providing a web-based system and online portal for customers to participate in on-line gaming and gambling; gaming services in the nature of sports wagering; providing online non-downloadable game software; organization of electronic game competitions; organization of games; gaming services in the nature of conducting online gambling; entertainment services, namely, providing temporary use of non-downloadable computer games, electronic games, and interactive games; providing temporary use of non-downloadable gaming and gambling software; entertainment services, namely, providing online electronic games; electronic games services provided by means of the internet or global communications network; entertainment services, namely, providing games of chance via the internet; entertainment services in the nature of fantasy sports leagues; providing entertainment information via a website; providing a website featuring information about gaming, sports, sporting events, and gambling; providing sports news; entertainment services, namely, providing virtual environments in which users can interact for recreational, leisure or entertainment purposes; entertainment services, namely, arranging and conducting interactive peer to peer gambling competitions via global computer network, social networking and mobile phones, personal electronic devices, and portable electronic game systems; providing on-line, non-downloadable electronic publications, namely, newsletters, magazines, blogs, and non-downloadable multimedia content in the fields of entertainment, gaming, gambling, sports, and sporting events; educational services, namely, providing classes, workshops, seminars, and online instruction in the fields of gaming, sports, sporting events, and gambling; entertainment services, namely, contest and incentive award programs designed to reward program participants who engage in gaming and gambling; organizing and conducting sporting and entertainment events in the nature of sports wagering, sport competitions, athletic events, live musical, comedy and dramatic performances, the proceeds of which are donated to charity; entertainment services in the nature of organizing, arranging and hosting social entertainment events; entertainment services, namely, provision of on-going multimedia programs in the field of television and video entertainment featuring sports, sporting events, gambling, music commentary and news distributed via various platforms across multiple forms of transmission media; virtual reality game services provided on-line from a computer network.
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.

ADDITIONAL STATEMENTS
Disclaimer
No claim is made to the exclusive right to use BET apart from the mark as shown.


Miscellaneous Statement
The Examining Attorney has informed Applicant of a prior pending application for FOX and Design (Serial No. 79245178). Applicant notes that if this application matures into registration, the Examining Attorney may refuse registration under Section 2(d) of the Trademark Act, 15 U.S.C §1052 2(d). Applicant hereby represents that the subject prior pending application was abandoned on June 13, 2019. See Exhibit A. Applicant therefore respectfully requests that the Examining Attorney approves this application for publication.

Original PDF file:
mis-21620522411-20200127170914419826_._Exhibit_A_-_79245178.pdf
Converted PDF file(s) ( 1 page)
Miscellaneous File1

SIGNATURE(S)
Response Signature
Signature: /neil vohra/     Date: 01/27/2020
Signatory's Name: Neil Vohra
Signatory's Position: Assistant Secretary

Signatory's Phone Number: (310) 369-2186

The signatory has confirmed that he/she is not represented by an authorized attorney, and that he/she is either: (1) the owner/holder ; or (2) a person or persons with legal authority to bind the owner/holder; and if he/she had previously been represented by an attorney in this matter, either he/she revoked their power of attorney by filing a signed revocation with the USPTO or the USPTO has granted this attorney's withdrawal request.

        
Serial Number: 88421213
Internet Transmission Date: Mon Jan 27 19:02:54 EST 2020
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.XX-202001271902543
93873-88421213-700f5b407ab54da59ae186d2f
3999690aa43b52d4b7ff9cf8c87911561665b6d5
-N/A-N/A-20200127170914419826