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. 88482105 RBG (Stylized and/or with Design, see http://uspto.report/TM/88482105/mark.png) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following:
Current: Class 009 for compact discs featuring music; recorded computer game programs; downloadable computer game programs; downloadable computer software for organizing and viewing digital images and photographs; downloadable computer software for transmitting graphics to mobile telephones; downloadable computer software for enhancing audio visual capabilities of multimedia applications for integration of text, audio, graphics, still images and moving pictures; computer operating system; downloadable computer software for editing text files, audio files, video files, image files and websites; recorded computer programs for editing images, sound and video; downloadable computer software for creating and editing computer graphics; downloadable computer software for assisting developers in creating program code for use in multiple application programs; downloadable computer software used for backing up electronic data; recorded video game software; downloadable video game software; downloadable computer software for displaying orders and driver locations on maps; downloadable computer software applications for purchasing, streaming of music, purchasing, streaming of videos that may be downloaded from a global computer network; computer software applications for providing information in the fields of music, finance, health and fitness, lifestyle, medicine, travelling, sports, entertainment, namely, music, TV, film and radio entertainment and economy that may be downloaded from a global computer network; computer software applications for navigation, and playing and purchasing video games, all for mobile phones and tablets that may be downloaded from a global computer network; external computer hard drives; glasses for sports; magnets for industrial purposes; downloadable interactive multimedia computer game programs; prerecorded magnetic data carriers featuring computer software in the field of electronic games, entertainment, music, culture, and sports, namely, computer software that allows transmission of graphics to mobile telephones, and computer software to enhance audio visual capabilities of multimedia applications for the integration of text, audio, graphics, still images and moving pictures; articles of protective clothing with built in armor for protection against accident or injury for use in motorcycling; apertometers; compact discs featuring computer games; DVDs featuring music; laser discs featuring movies in the field of electronic games, entertainment, music, culture and sports, and video games; X-Y plotters; protective face-shields for protective helmets; protective ear covering shields, protective ballistic resistant and blast resistant body armor, clothing and garments; safety harnesses for auto racing; monopods used to take photographs by positioning a smartphone or camera beyond the normal range of the arm; signaling buoys; SIM cards; television receivers; time switches; wearable activity trackers; audio speakers; audio tape recorders; audiovisual receivers; barometers; bicycle helmets; binoculars; blank audio tapes; blank diskettes; blank optical disks; blank USB flash drives; blank video tapes; calculators; camcorders; camera shutters; cameras; cases for mobile phones; cinematographic cameras; downloadable computer operating programs; computers; decorative magnets; digital cameras; digital video recorders; directional compasses; DVD recorders; electric transformers; electrical cables; electrical wires; electronic notice boards; electronic warning bells; eye glasses; flight simulators; football helmets; fridge magnets; global positioning system (GPS) consisting of computers, downloadable computer software, transmitters, receivers, and network interface devices; goggles for sports; headphones; loudspeakers; luminous signs; magnifying glasses; measuring cups; measuring spoons; measuring tapes; mechanisms for coin-operated apparatus; mobile telephones; movie projectors; MP3 players; personal security alarms; personal stereos; photocopiers; photometers; portable radios; protective eyeglasses; protective helmets for sports; recorded computer operating programs; safety goggles; safety markers; smartglasses; smartwatches; spectacles; sunglasses; telescopes; televisions; vehicle drive training simulators; video cassette recorders; video monitors; video projectors; video tape recorders; computer game software, recorded; computer programs, downloadable, namely, downloadable computer programs for using the internet and the world wide web and downloadable computer programs for user interface design; trackballs; computer game software, downloadable
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: compact discs featuring music; recorded computer game programs; downloadable computer game programs; downloadable computer software for organizing and viewing digital images and photographs; downloadable computer software for transmitting graphics to mobile telephones; downloadable computer software for enhancing audio visual capabilities of multimedia applications for integration of text, audio, graphics, still images and moving pictures; computer operating system; downloadable computer operating system; downloadable computer software for editing text files, audio files, video files, image files and websites; recorded computer programs for editing images, sound and video; downloadable computer software for creating and editing computer graphics; downloadable computer software for assisting developers in creating program code for use in multiple application programs; downloadable computer software used for backing up electronic data; recorded video game software; downloadable video game software; downloadable computer software for displaying orders and driver locations on maps; downloadable computer software applications for purchasing, streaming of music, purchasing, streaming of videos that may be downloaded from a global computer network; downloadable computer software applications for purchasing, streaming of music, and purchasing, streaming of videos that may be downloaded from a global computer network; computer software applications for providing information in the fields of music, finance, health and fitness, lifestyle, medicine, travelling, sports, entertainment, namely, music, TV, film and radio entertainment and economy that may be downloaded from a global computer network; computer software applications for navigation, and playing and purchasing video games, all for mobile phones and tablets that may be downloaded from a global computer network; external computer hard drives; glasses for sports; magnets for industrial purposes; downloadable interactive multimedia computer game programs; prerecorded magnetic data carriers featuring computer software in the field of electronic games, entertainment, music, culture, and sports, namely, computer software that allows transmission of graphics to mobile telephones, and computer software to enhance audio visual capabilities of multimedia applications for the integration of text, audio, graphics, still images and moving pictures; articles of protective clothing with built in armor for protection against accident or injury for use in motorcycling; apertometers; compact discs featuring computer games; DVDs featuring music; laser discs featuring movies in the field of electronic games, entertainment, music, culture and sports, and video games; laser discs featuring movies in the field of electronic games, entertainment in the nature of fashion shows, music, culture in the nature of dance events and sports, and video games; X-Y plotters; protective face-shields for protective helmets; protective ear covering shields, protective ballistic resistant and blast resistant body armor, clothing and garments; safety harnesses for auto racing; monopods used to take photographs by positioning a smartphone or camera beyond the normal range of the arm; signaling buoys; SIM cards; television receivers; time switches; wearable activity trackers; audio speakers; audio tape recorders; audiovisual receivers; barometers; bicycle helmets; binoculars; blank audio tapes; blank diskettes; blank optical disks; blank USB flash drives; blank video tapes; calculators; camcorders; camera shutters; cameras; cases for mobile phones; cinematographic cameras; downloadable computer operating programs; computers; decorative magnets; digital cameras; digital video recorders; directional compasses; DVD recorders; electric transformers; electrical cables; electrical wires; electronic notice boards; electronic warning bells; eye glasses; flight simulators; football helmets; fridge magnets; global positioning system (GPS) consisting of computers, downloadable computer software, transmitters, receivers, and network interface devices; goggles for sports; headphones; loudspeakers; luminous signs; magnifying glasses; measuring cups; measuring spoons; measuring tapes; mechanisms for coin-operated apparatus; mobile telephones; movie projectors; MP3 players; personal security alarms; personal stereos; photocopiers; photometers; portable radios; protective eyeglasses; protective helmets for sports; recorded computer operating programs; safety goggles; safety markers; smartglasses; smartwatches; spectacles; sunglasses; telescopes; televisions; vehicle drive training simulators; video cassette recorders; video monitors; video projectors; video tape recorders; computer game software, recorded; computer programs, downloadable, namely, downloadable computer programs for using the internet and the world wide web and downloadable computer programs for user interface design; trackballs; computer game software, downloadableClass 009 for compact discs featuring music; recorded computer game programs; downloadable computer game programs; downloadable computer software for organizing and viewing digital images and photographs; downloadable computer software for transmitting graphics to mobile telephones; downloadable computer software for enhancing audio visual capabilities of multimedia applications for integration of text, audio, graphics, still images and moving pictures; downloadable computer operating system; downloadable computer software for editing text files, audio files, video files, image files and websites; recorded computer programs for editing images, sound and video; downloadable computer software for creating and editing computer graphics; downloadable computer software for assisting developers in creating program code for use in multiple application programs; downloadable computer software used for backing up electronic data; recorded video game software; downloadable video game software; downloadable computer software for displaying orders and driver locations on maps; downloadable computer software applications for purchasing, streaming of music, and purchasing, streaming of videos that may be downloaded from a global computer network; computer software applications for providing information in the fields of music, finance, health and fitness, lifestyle, medicine, travelling, sports, entertainment, namely, music, TV, film and radio entertainment and economy that may be downloaded from a global computer network; computer software applications for navigation, and playing and purchasing video games, all for mobile phones and tablets that may be downloaded from a global computer network; external computer hard drives; glasses for sports; magnets for industrial purposes; downloadable interactive multimedia computer game programs; prerecorded magnetic data carriers featuring computer software in the field of electronic games, entertainment, music, culture, and sports, namely, computer software that allows transmission of graphics to mobile telephones, and computer software to enhance audio visual capabilities of multimedia applications for the integration of text, audio, graphics, still images and moving pictures; articles of protective clothing with built in armor for protection against accident or injury for use in motorcycling; apertometers; compact discs featuring computer games; DVDs featuring music; laser discs featuring movies in the field of electronic games, entertainment in the nature of fashion shows, music, culture in the nature of dance events and sports, and video games; X-Y plotters; protective face-shields for protective helmets; protective ear covering shields, protective ballistic resistant and blast resistant body armor, clothing and garments; safety harnesses for auto racing; monopods used to take photographs by positioning a smartphone or camera beyond the normal range of the arm; signaling buoys; SIM cards; television receivers; time switches; wearable activity trackers; audio speakers; audio tape recorders; audiovisual receivers; barometers; bicycle helmets; binoculars; blank audio tapes; blank diskettes; blank optical disks; blank USB flash drives; blank video tapes; calculators; camcorders; camera shutters; cameras; cases for mobile phones; cinematographic cameras; downloadable computer operating programs; computers; decorative magnets; digital cameras; digital video recorders; directional compasses; DVD recorders; electric transformers; electrical cables; electrical wires; electronic notice boards; electronic warning bells; eye glasses; flight simulators; football helmets; fridge magnets; global positioning system (GPS) consisting of computers, downloadable computer software, transmitters, receivers, and network interface devices; goggles for sports; headphones; loudspeakers; luminous signs; magnifying glasses; measuring cups; measuring spoons; measuring tapes; mechanisms for coin-operated apparatus; mobile telephones; movie projectors; MP3 players; personal security alarms; personal stereos; photocopiers; photometers; portable radios; protective eyeglasses; protective helmets for sports; recorded computer operating programs; safety goggles; safety markers; smartglasses; smartwatches; spectacles; sunglasses; telescopes; televisions; vehicle drive training simulators; video cassette recorders; video monitors; video projectors; video tape recorders; computer game software, recorded; computer programs, downloadable, namely, downloadable computer programs for using the internet and the world wide web and downloadable computer programs for user interface design; trackballs; computer game software, downloadable
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.
Correspondence Information (current):
      Joseph V. Myers III
      PRIMARY EMAIL FOR CORRESPONDENCE: tmatlanta@seyfarth.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED
Correspondence Information (proposed):
      Joseph V. Myers III
      PRIMARY EMAIL FOR CORRESPONDENCE: tmatlanta@seyfarth.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

Requirement for Email and Electronic Filing: I understand that a valid email address must be maintained by the owner/holder and the owner's/holder's attorney, if appointed, and that all official trademark correspondence must be submitted via the Trademark Electronic Application System (TEAS).

SIGNATURE(S)
Response Signature
Signature: /frr/     Date: 03/05/2020
Signatory's Name: F. Richard Rimer, Jr.
Signatory's Position: Attorney of Record, Georgia Bar Member

Signatory's Phone Number: 404-885-1500

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:    Joseph V. Myers III
   SEYFARTH SHAW LLP
   
   1075 Peachtree St., #2500
   Atlanta, Georgia 30309
Mailing Address:    Joseph V. Myers III
   SEYFARTH SHAW LLP
   1075 Peachtree St., #2500
   Atlanta, Georgia 30309
        
Serial Number: 88482105
Internet Transmission Date: Thu Mar 05 13:51:26 ET 2020
TEAS Stamp: USPTO/ROA-XX.XX.XX.XX-202003051351267286
64-88482105-7103ac96685e6b534aa282fd0266
42f9cfe31e996e66b7cc3cd01f723c6381f2dd-N
/A-N/A-20200304095747545292