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. 88468033 BUZZER(Standard Characters, see http://uspto.report/TM/88468033/mark.png) has been amended as follows:

EVIDENCE

Original PDF file:
evi_38140244158-20200123170825964529_._BUZZER__Serial_No._88468033__Response_to_Office_Action.pdf
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CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant hereby deletes the following class of goods/services from the application.
Class 041 for Entertainment services, namely, providing non-downloadable multimedia entertainment content in the field of sports, athletic, and entertainment games, competitions, and contests provided via a video-on-demand service

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 009 for Downloadable mobile applications for streaming sports, athletic, and entertainment games, competitions, and contest provided via a video-on-demand service
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: Downloadable mobile applications for streaming sports, athletic, and entertainment games, competitions, and contest provided via a video-on-demand service; Downloadable mobile applications for streaming audio, visual, and audiovisual material featuring sports and athletic games, competitions, and contests provided via a video-on-demand service.Class 009 for Downloadable mobile applications for streaming audio, visual, and audiovisual material featuring sports and athletic games, competitions, and contests provided via a video-on-demand service.
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.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 038 for Video-on-demand transmission services via the Internet; video streaming services via the Internet, featuring sports, athletic, and entertainment games, competitions, and contests
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: Video-on-demand transmission services via the Internet; video streaming services via the Internet, featuring sports, athletic, and entertainment games, competitions, and contests; video streaming services via the Internet, featuring sports programs, athletic events, and sports competitions events, and programs featuring athletic contests.Class 038 for Video-on-demand transmission services via the Internet; video streaming services via the Internet, featuring sports programs, athletic events, and sports competitions events, and programs featuring athletic contests.
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: Benjamin Jaffe. Benjamin Jaffe of COWAN DEBAETS ABRAHAMS & SHEPPARD LLP, is located at

      41 MADISON AVENUE, 38TH FLOOR
      NEW YORK, New York 10010
      US
The docket/reference number is 4939.1.

The phone number is 212-974-7474.

The fax number is 212-974-8474.

The email address is tm@cdas.com

The applicants proposed attorney information: Benjamin Jaffe. Benjamin Jaffe of COWAN DEBAETS ABRAHAMS & SHEPPARD LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      41 MADISON AVENUE, 38TH FLOOR
      NEW YORK, New York 10010
      United States
The docket/reference number is 4939.1.

The phone number is 212-974-7474.

The fax number is 212-974-8474.

The email address is tm@cdas.com

Benjamin Jaffe 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: BENJAMIN JAFFE. BENJAMIN JAFFE of COWAN DEBAETS ABRAHAMS & SHEPPARD LLP, is located at

      41 MADISON AVENUE, 38TH FLOOR
      NEW YORK, New York 10010
      US
The docket/reference number is 4939.1.

The phone number is 212-974-7474.

The fax number is 212-974-8474.

The email address is tm@cdas.com

The applicants proposed correspondence information: Benjamin Jaffe. Benjamin Jaffe of COWAN DEBAETS ABRAHAMS & SHEPPARD LLP, is located at

      41 MADISON AVENUE, 38TH FLOOR
      NEW YORK, New York 10010
      United States
The docket/reference number is 4939.1.

The phone number is 212-974-7474.

The fax number is 212-974-8474.

The email address is tm@cdas.com

SIGNATURE(S)
Response Signature
Signature: /joshuamgreenberg/     Date: 01/23/2020
Signatory's Name: Joshua M. Greenberg
Signatory's Position: Associate Attorney, Cowan, DeBaets, Abrahams & Sheppard LLP, New York bar member

Signatory's Phone Number: (212) 974-7474

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:    BENJAMIN JAFFE
   COWAN DEBAETS ABRAHAMS & SHEPPARD LLP
   
   41 MADISON AVENUE, 38TH FLOOR
   NEW YORK, New York 10010
Mailing Address:    Benjamin Jaffe
   COWAN DEBAETS ABRAHAMS & SHEPPARD LLP
   41 MADISON AVENUE, 38TH FLOOR
   NEW YORK, New York 10010
        
Serial Number: 88468033
Internet Transmission Date: Thu Jan 23 17:21:07 EST 2020
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XXX-202001231721076
01675-88468033-700a27d29854aedca27cdc239
b95f34b3d2e149a2d232b18ffd25f09b5ce7e49-
N/A-N/A-20200123170825964529