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. 88460031 SHADOWMAN(Standard Characters, see http://uspto.report/TM/88460031/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 and video game programs; computer and video game software; downloadable computer and video game; downloadable electronic publications in the nature of comic books, comic strips, graphic novels, and books featuring narrative artwork or characters from narrative artwork, and stories in illustrated form; downloadable collectible trading cards; decorative magnets; downloadable digital imagery, namely, cards, stickers and emojis; USB drives
Original Filing Basis:
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 05/02/2012 and first used in commerce at least as early as 05/02/2012 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Computer and video game programs; Downloadable and recorded computer and video game programs; computer and video game software; downloadable and recorded computer and video game software; downloadable computer and video game; downloadable electronic publications in the nature of comic books, comic strips, graphic novels, and books featuring narrative artwork or characters from narrative artwork, and stories in illustrated form; downloadable collectible trading cards; decorative magnets; downloadable digital imagery, namely, cards, stickers and emojis; downloadable digital image files, namely, screensavers, electronic greeting cards, trading and collectible cards, stickers and emojis; USB drives; USB drives, namely, blank USB flash drives and prerecorded USB flash drives featuring comic books, comic strips, graphic novels, and books featuring narrative artwork or characters from narrative artwork, and stories in illustrated form and videos featuring characters and stories.Class 009 for Downloadable and recorded computer and video game programs; downloadable and recorded computer and video game software; downloadable computer and video game; downloadable electronic publications in the nature of comic books, comic strips, graphic novels, and books featuring narrative artwork or characters from narrative artwork, and stories in illustrated form; downloadable collectible trading cards; decorative magnets; downloadable digital image files, namely, screensavers, electronic greeting cards, trading and collectible cards, stickers and emojis; USB drives, namely, blank USB flash drives and prerecorded USB flash drives featuring comic books, comic strips, graphic novels, and books featuring narrative artwork or characters from narrative artwork, and stories in illustrated form and videos featuring characters and stories.
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 05/02/2012 and first used in commerce at least as early as 05/02/2012 , and is now in use in such commerce.
The applicant's current attorney information: Nancy Zoubek. Nancy Zoubek of RITHOLZ LEVY FIELDS LLP, is located at

      235 PARK AVENUE SOUTH, 3RD FLOOR
      NEW YORK, New York 10003
      US

The phone number is 212-448-1800.

The email address is nzoubek@rlfllp.com

The applicants proposed attorney information: Nancy Zoubek. Nancy Zoubek of RITHOLZ LEVY FIELDS LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      235 PARK AVENUE SOUTH, 3RD FLOOR
      NEW YORK, New York 10003
      United States

The phone number is 212-448-1800.

The email address is nzoubek@rlfllp.com

Nancy Zoubek 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: NANCY ZOUBEK. NANCY ZOUBEK of RITHOLZ LEVY FIELDS LLP, is located at

      235 PARK AVENUE SOUTH, 3RD FLOOR
      NEW YORK, New York 10003
      US

The phone number is 212-448-1800.

The email address is nzoubek@rlfllp.com; trademark@rlfllp.com

The applicants proposed correspondence information: Nancy Zoubek. Nancy Zoubek of RITHOLZ LEVY FIELDS LLP, is located at

      235 PARK AVENUE SOUTH, 3RD FLOOR
      NEW YORK, New York 10003
      United States

The phone number is 212-448-1800.

The email address is nzoubek@rlfllp.com; trademark@rlfllp.com

SIGNATURE(S)
Response Signature
Signature: /nancy zoubek/     Date: 01/10/2020
Signatory's Name: Nancy Zoubek
Signatory's Position: Attorney of Record, New York

Signatory's Phone Number: 212-448-1800

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:    NANCY ZOUBEK
   RITHOLZ LEVY FIELDS LLP
   
   235 PARK AVENUE SOUTH, 3RD FLOOR
   NEW YORK, New York 10003
Mailing Address:    Nancy Zoubek
   RITHOLZ LEVY FIELDS LLP
   235 PARK AVENUE SOUTH, 3RD FLOOR
   NEW YORK, New York 10003
        
Serial Number: 88460031
Internet Transmission Date: Fri Jan 10 10:57:03 EST 2020
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.XXX-20200110105703
296063-88460031-700f022ca4ac8aa849574202
46c43b58a562adace3ce4125779b2a2e52f779a6
8b-N/A-N/A-20200110105245728408