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. 88461881 SURRENDER(Standard Characters, see http://uspto.report/TM/88461881/mark.png) has been amended as follows:

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

In the Office Action dated September 5, 2019, the Examining Attorney has refused registration of Applicant's mark, SURRENDER, under Trademark Act Section 2(d), referencing U.S. Registration No. 5760563 (the "'563 Registration"). Applicant respectfully submits that any refusal of registration based on the '563 Registration is moot in light of the evidence attached. Accordingly, Applicant respectfully requests that the Examining Attorney withdraw his refusal to register Applicant's mark based on Trademark Act Section 2(d). Applicant believes the Application is now in condition for publication and such action is hereby solicited.

EVIDENCE
Evidence in the nature of a Consent Agreement has been attached.
Original PDF file:
evi_75130153246-20191130103039491897_._ndence_and_Autonomy_LLC_-_Think_Think_Go__LLC_-_83325.3_-_FE.pdf
Converted PDF file(s) ( 6 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Evidence-6

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 041 for Educational and entertainment services, namely, an ongoing series featuring subjects of general human interest distributed via various platforms across multiple forms of transmission media, including the Internet and wireless and mobile networks; provision of non-downloadable audiovisual and multimedia works, films, videos, programs, photographs, images, graphics, text, and information featuring subjects of general human interest via video-on-demand and streaming services; providing a website featuring non-downloadable audiovisual and multimedia works, films, videos, programs, photographs, images, graphics, text, and information featuring subjects of general human interest; providing a website for entertainment purposes featuring an ongoing series featuring subjects of general human interest
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: Educational and entertainment services, namely, an ongoing series featuring subjects of general human interest distributed via various platforms across multiple forms of transmission media, including the Internet and wireless and mobile networks; Entertainment services, namely, an ongoing reality series featuring stories of adoption distributed via various platforms across multiple forms of transmission media, including the Internet and wireless and mobile networks; provision of non-downloadable audiovisual and multimedia works, films, videos, programs, photographs, images, graphics, text, and information featuring subjects of general human interest via video-on-demand and streaming services; provision of non-downloadable audiovisual and multimedia works, films, videos, and programs featuring stories of adoption via video-on-demand and streaming services; providing a website featuring non-downloadable audiovisual and multimedia works, films, videos, programs, photographs, images, graphics, text, and information featuring subjects of general human interest; providing a website for entertainment purposes featuring an ongoing series featuring subjects of general human interestClass 041 for Entertainment services, namely, an ongoing reality series featuring stories of adoption distributed via various platforms across multiple forms of transmission media, including the Internet and wireless and mobile networks; provision of non-downloadable audiovisual and multimedia works, films, videos, and programs featuring stories of adoption via video-on-demand and streaming services
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.

The applicant's current attorney information: Darren M. Richard. Darren M. Richard of DMR LEGAL COUNSEL, LLC, is located at

      2018 BEDFORD RD.
      COLUMBUS, Ohio 43212
      US
The docket/reference number is TTG 001.

The phone number is 614-302-3193.

The fax number is 877-452-7618.

The email address is drichard@dmrlegalcounsel.com

The applicants proposed attorney information: Darren M. Richard. Darren M. Richard of DMR LEGAL COUNSEL, LLC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      2018 BEDFORD RD.
      COLUMBUS, Ohio 43212
      United States
The docket/reference number is TTG 001.

The phone number is 614-302-3193.

The fax number is 877-452-7618.

The email address is drichard@dmrlegalcounsel.com

Darren M. Richard 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: DARREN M. RICHARD. DARREN M. RICHARD of DMR LEGAL COUNSEL, LLC, is located at

      2018 BEDFORD RD.
      COLUMBUS, Ohio 43212
      US
The docket/reference number is TTG 001.

The phone number is 614-302-3193.

The fax number is 877-452-7618.

The email address is drichard@dmrlegalcounsel.com

The applicants proposed correspondence information: Darren M. Richard. Darren M. Richard of DMR LEGAL COUNSEL, LLC, is located at

      2018 BEDFORD RD.
      COLUMBUS, Ohio 43212
      United States
The docket/reference number is TTG 001.

The phone number is 614-302-3193.

The fax number is 877-452-7618.

The email address is drichard@dmrlegalcounsel.com

SIGNATURE(S)
Response Signature
Signature: /dmr/     Date: 11/30/2019
Signatory's Name: Darren M. Richard
Signatory's Position: Attorney of record, Ohio bar member

Signatory's Phone Number: 6143023193

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:    DARREN M. RICHARD
   DMR LEGAL COUNSEL, LLC
   
   2018 BEDFORD RD.
   COLUMBUS, Ohio 43212
Mailing Address:    Darren M. Richard
   DMR LEGAL COUNSEL, LLC
   2018 BEDFORD RD.
   COLUMBUS, Ohio 43212
        
Serial Number: 88461881
Internet Transmission Date: Sat Nov 30 10:47:18 EST 2019
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XXX-201911301047181
30016-88461881-70061d965bf43bcc2c2f2ec60
1fe8e27b346d17c2cb3d4068d57256233c483724
a0-N/A-N/A-20191130103039491897