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. 88421225 FOX SPORTS 6 (Stylized and/or with Design, see http://uspto.report/TM/88421225/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 Computer software; downloadable mobile applications; downloadable game software; downloadable interactive game software; downloadable computer game software; downloadable electronic game software; downloadable video game software; recorded game software; downloadable and recorded gaming software for gambling; downloadable games that accept virtual or monetary wagers sold as a feature of downloadable game software; downloadable mobile applications for sports, sporting events, gaming and gambling; downloadable mobile applications for social networking and collecting, editing, organizing, modifying, displaying, tagging, sharing, or otherwise providing media or information; downloadable electronic publications in the nature of newsletters and blogs in the fields of entertainment, gaming, gambling, sports, and sporting events; virtual reality headsets; virtual reality glasses; downloadable virtual reality software for sports, sporting events, gaming, and betting
Original Filing Basis:
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant.

Proposed:
Tracked Text Description: Computer software; Downloadable game software; downloadable mobile applications; downloadable interactive game software; downloadable computer game software; downloadable electronic game software; downloadable video game software; recorded game software; downloadable and recorded gaming software for gambling; downloadable games that accept virtual or monetary wagers sold as a feature of downloadable game software; downloadable mobile applications for sports wagering, sporting events, gaming and gambling; downloadable mobile applications for social networking and collecting, editing, organizing, modifying, displaying, tagging, sharing, or otherwise providing media or information; downloadable mobile applications for sports, sporting events, gaming and gambling; downloadable electronic publications in the nature of newsletters and blogs in the fields of entertainment, gaming, gambling, sports, and sporting events; virtual reality headsets; virtual reality glasses; downloadable virtual reality software for sports wagering, sporting events, gaming, and betting.; downloadable virtual reality software for sports, sporting events, gaming, and bettingClass 009 for Downloadable game software; downloadable interactive game software; downloadable computer game software; downloadable electronic game software; downloadable video game software; recorded game software; downloadable and recorded gaming software for gambling; downloadable games that accept virtual or monetary wagers sold as a feature of downloadable game software; downloadable mobile applications for sports wagering, sporting events, gaming and gambling; downloadable mobile applications for social networking and collecting, editing, organizing, modifying, displaying, tagging, sharing, or otherwise providing media or information; downloadable electronic publications in the nature of newsletters and blogs in the fields of entertainment, gaming, gambling, sports, and sporting events; virtual reality headsets; virtual reality glasses; downloadable virtual reality software for sports wagering, sporting events, gaming, and betting.
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 SPORTS 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-21620522411-20200127155429821557_._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: 88421225
Internet Transmission Date: Mon Jan 27 19:01:07 EST 2020
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.XX-202001271901076
87247-88421225-700f1e5a4491fb97ad4904811
45176b284e7cf484a0af2e457ec359c38db917bd
8-N/A-N/A-20200127155429821557