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. 88424723 AFTERSHOCK(Standard Characters, see http://uspto.report/TM/88424723/mark.png) has been amended as follows:

ARGUMENT(S)
In response to the substantive refusal(s), please note the following:

In the Office Action No. 1, the Examining Attorney has asserted a likelihood of confusion with the mark AFTERSHOCK in US Registration No. 4,540,147 with respect to "computer firmware." The Applicant respectfully disagrees. Any comparison of the parties' commercial activities should be performed in the context of their application(s) and registration(s). Considering the entire context of the parties' respective application and registration makes it clear that the Applicant's "computer firmware and operating systems" are not confusingly similar to the Registrant's narrowly defined "firmware for games of chance." As to the identification of goods requirement, the Applicant believes that "computer firmware" is a common commercial and generic name for these goods, the purpose or function of which is readily understood. "Computer firmware," by its very definition, is a computer program that is contained permanently in a hardware device and enables that device to function. The Applicant submits that this application is in proper condition for publication and respectfully requests that the application be forwarded.

The applicant's current attorney information: Denis V. Shamo. Denis V. Shamo of BAKER & MCKENZIE LLP, is located at

      1900 NORTH PEARL STREET; SUITE 1500
      DALLAS, Texas 75201
      US
The docket/reference number is 50602888.

The phone number is 214-978-3000.

The fax number is 214-978-3099.

The email address is dallastrademarks@bakermckenzie.com

The applicants proposed attorney information: Denis V. Shamo. Other appointed attorneys are Dyan M. House. Denis V. Shamo of Baker & McKenzie LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      1900 North Pearl Street; Suite 1500
      Dallas, Texas 75201
      United States
The docket/reference number is 50602888.

The phone number is 214-978-3000.

The fax number is 214-978-3099.

The email address is dallastrademarks@bakermckenzie.com

Denis V. Shamo submitted the following statement: The attorney of record is an active member in good standing of the bar of the highest court of a U.S. state, the District of Columbia, or any U.S. Commonwealth or territory.
The applicant's current correspondence information: DENIS V. SHAMO. DENIS V. SHAMO of BAKER & MCKENZIE LLP, is located at

      1900 NORTH PEARL STREET; SUITE 1500
      DALLAS, Texas 75201
      US
The docket/reference number is 50602888.

The phone number is 214-978-3000.

The fax number is 214-978-3099.

The email address is dallastrademarks@bakermckenzie.com; GIPSCOfficeSupport@bakermckenzie.com

The applicants proposed correspondence information: Denis V. Shamo. Denis V. Shamo of Baker & McKenzie LLP, is located at

      1900 North Pearl Street; Suite 1500
      Dallas, Texas 75201
      United States
The docket/reference number is 50602888.

The phone number is 214-978-3000.

The fax number is 214-978-3099.

The email address is dallastrademarks@bakermckenzie.com; GIPSCOfficeSupport@bakermckenzie.com

SIGNATURE(S)
Response Signature
Signature: /Denis V. Shamo/     Date: 01/27/2020
Signatory's Name: Denis V. Shamo
Signatory's Position: Attorney of Record, Michigan Bar member

The signatory has confirmed that he/she is a U.S.-licensed attorney who is an active member in good standing of the bar of the highest court of a U.S. state (including the District of Columbia and any U.S. Commonwealth or territory); and he/she is currently the owner's/holder's attorney or an associate thereof; and to the best of his/her knowledge, if prior to his/her appointment another U.S.-licensed attorney not currently associated with his/her company/firm previously represented the owner/holder in this matter: the owner/holder has revoked their power of attorney by a signed revocation or substitute power of attorney with the USPTO; the USPTO has granted that attorney's withdrawal request; the owner/holder has filed a power of attorney appointing him/her in this matter; or the owner's/holder's appointed U.S.-licensed attorney has filed a power of attorney appointing him/her as an associate attorney in this matter.

Mailing Address:    DENIS V. SHAMO
   BAKER & MCKENZIE LLP
   
   1900 NORTH PEARL STREET; SUITE 1500
   DALLAS, Texas 75201
Mailing Address:    Denis V. Shamo
   Baker & McKenzie LLP
   1900 North Pearl Street; Suite 1500
   Dallas, Texas 75201
        
Serial Number: 88424723
Internet Transmission Date: Mon Jan 27 17:57:23 EST 2020
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.XX-202001271757232
21331-88424723-700a22dc0497496be3694ecdf
a9aa4888f7fc2d344348b6105ef871ccd6418842
4e-N/A-N/A-20200127173636865015