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. 88473317 ELDEN RING(Standard Characters, see http://uspto.report/TM/88473317/mark.png) has been amended as follows:

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

Please see the attached remarks within the Evidence section.

EVIDENCE
Evidence in the nature of Remarks with Exhibits A and B has been attached.
Original PDF file:
evi_20825590221-20200117092946999306_._Response_to_Office_Action__ELDEN_RING__4851-8260-9069_v.pdf
Converted PDF file(s) ( 4 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Original PDF file:
evi_20825590221-20200117092946999306_._Exhibit__ELDEN_RING__A_and_B.pdf
Converted PDF file(s) ( 14 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Evidence-6
Evidence-7
Evidence-8
Evidence-9
Evidence-10
Evidence-11
Evidence-12
Evidence-13
Evidence-14

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 041 for Entertainment services, namely, providing online video games; Entertainment services, namely, providing a computer game that may be accessed network-wide by network users via mobile phones, mobile devices and computers; providing computer games via network between communications networks and computers
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: Entertainment services, namely, providing online video games; Entertainment services, namely, providing a computer game that may be accessed network-wide by network users via mobile phones, mobile devices and computers; providing computer games via network between communications networks and computers; providing online computer games via network between communications networks and computersClass 041 for Entertainment services, namely, providing online video games; Entertainment services, namely, providing a computer game that may be accessed network-wide by network users via mobile phones, mobile devices and computers; providing online computer games via network between communications networks and computers
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: David L. May. David L. May of NIXON PEABODY LLP, is located at

      799 9TH STREET, NW, SUITE 500
      WASHINGTON, District of Columbia 20001
      US
The docket/reference number is 052999100606.

The phone number is 202-585-8000.

The email address is nptm@nixonpeabody.com

The applicants proposed attorney information: David L. May. Other appointed attorneys are Jeffrey L. Costellia, Lauren J. Arnold, Jennette W. Psihoules, Alexis P. Grilli. David L. May of Nixon Peabody 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

      799 9th Street, NW, Suite 500
      Washington, District of Columbia 20001
      United States
The docket/reference number is 52999-100606.

The phone number is 202-585-8000.

The email address is nptm@nixonpeabody.com

David L. May 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: DAVID L. MAY. DAVID L. MAY of NIXON PEABODY LLP, is located at

      799 9TH STREET, NW, SUITE 500
      WASHINGTON, District of Columbia 20001
      US
The docket/reference number is 052999100606.

The phone number is 202-585-8000.

The email address is nptm@nixonpeabody.com

The applicants proposed correspondence information: David L. May. David L. May of Nixon Peabody LLP, is located at

      799 9th Street, NW, Suite 500
      Washington, District of Columbia 20001
      United States
The docket/reference number is 52999-100606.

The phone number is 202-585-8000.

The email address is nptm@nixonpeabody.com

SIGNATURE(S)
Response Signature
Signature: /Jennette W. Psihoules/     Date: 01/17/2020
Signatory's Name: Jennette W. Psihoules
Signatory's Position: Attorney of record, D.C. Bar member

Signatory's Phone Number: 2025858000

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:    DAVID L. MAY
   NIXON PEABODY LLP
   
   799 9TH STREET, NW, SUITE 500
   WASHINGTON, District of Columbia 20001
Mailing Address:    David L. May
   Nixon Peabody LLP
   799 9th Street, NW, Suite 500
   Washington, District of Columbia 20001
        
Serial Number: 88473317
Internet Transmission Date: Fri Jan 17 11:10:51 EST 2020
TEAS Stamp: USPTO/ROA-XXX.XXX.XX.XXX-202001171110516
84670-88473317-700fbfcd0ba0c36ca9c89fc82
2497d8b92a155591ee68ed16afaa34a589ff5e4-
N/A-N/A-20200117092946999306