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. 88486742 UPSTART(Standard Characters, see http://uspto.report/TM/88486742/mark.png) has been amended as follows:

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

1. Section 2(d) Refusal - In response to the partial refusal under Section 2(d) based on Reg. No. 2598383 and Reg. No. 3989936, Applicant disputes that there is a likelihood of confusion between the cited marks and the subject mark as to any of the goods and services in the subject application. However, Applicant agrees to delete the goods and services to which the refusal pertains (as per the Amendment request herein) in which case Applicant understands that the refusal would be withdrawn. 2. Identification of Goods - Applicant requests that the identification of services be amended to delete the portion that led to the 2(d) refusal, namely, "books in illustrated form" and clarifying the remaining portion of the description so that it would read in its entirety as follows: "Class 16: Printed matter and paper goods, namely, comic books, books and magazines featuring stories in illustrated form and comic book stories and artwork, and graphic novels."

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 016 for Printed matter and paper goods, namely, comic books, books in illustrated form and graphic novels
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: Printed matter and paper goods, namely, comic books, books in illustrated form and graphic novels; Printed matter and paper goods, namely, comic books, books and magazines featuring stories in illustrated form and comic book stories and artwork, and graphic novelsClass 016 for Printed matter and paper goods, namely, comic books, books and magazines featuring stories in illustrated form and comic book stories and artwork, and graphic novels
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 correspondence information: ARTISTS WRITERS & ARTISANS, INC.. ARTISTS WRITERS & ARTISANS, INC. of ARTISTS WRITERS & ARTISANS, INC., is located at

      SUITE 800
      1359 BROADWAY
      NEW YORK, New York 10018
      US

The phone number is 917-592-2466.

The email address is ken@awastudios.net; angela@awastudios.net

The applicants proposed correspondence information: ARTISTS WRITERS & ARTISANS, INC.. ARTISTS WRITERS & ARTISANS, INC. of ARTISTS WRITERS & ARTISANS, INC., is located at

      SUITE 800
      1359 BROADWAY
      NEW YORK, New York 10018
      United States

The phone number is 917-592-2466.

The email address is kevin@awastudios.net; notice@awastudios.net; copyright@awastudios.net

SIGNATURE(S)
Response Signature
Signature: /Kevin Park/     Date: 02/12/2020
Signatory's Name: Kevin Park
Signatory's Position: Associate General Counsel

Signatory's Phone Number: 8477089441

The signatory has confirmed that he/she is not represented by an authorized attorney, and that he/she is either: (1) the owner/holder ; or (2) a person or persons with legal authority to bind the owner/holder; and if he/she had previously been represented by an attorney in this matter, either he/she revoked their power of attorney by filing a signed revocation with the USPTO or the USPTO has granted this attorney's withdrawal request.

Mailing Address:    ARTISTS WRITERS & ARTISANS, INC.
   ARTISTS WRITERS & ARTISANS, INC.
   SUITE 800
   1359 BROADWAY
   NEW YORK, New York 10018
Mailing Address:    ARTISTS WRITERS & ARTISANS, INC.
   ARTISTS WRITERS & ARTISANS, INC.
   SUITE 800
   1359 BROADWAY
   NEW YORK, New York 10018
        
Serial Number: 88486742
Internet Transmission Date: Wed Feb 12 17:26:22 EST 2020
TEAS Stamp: USPTO/ROA-XXX.XXX.XX.XX-2020021217262244
7062-88486742-7004bd0cfe2577e5347463d89f
bf5e12242ae94587911ca8b5a2e51a12952eaa1c
8-N/A-N/A-20200212172152339771