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. 88514969 B BIT ME (Stylized and/or with Design, see http://uspto.report/TM/88514969/mark.png) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 038 for Television broadcasting services; transmission of television programs; streaming of audio, visual and audiovisual material on the internet; telecommunication services, namely, electronic transmission of information regarding eSorts, eSports competitions, fan events in the field of eSports and Videogames
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: television broadcasting services; transmission of television programs; cable television broadcasting services; telecommunication services, namely, electronic transmission of information regarding eSorts, eSports competitions, fan events in the field of eSports and Videogames; streaming of audio, visual and audiovisual material on the internet; telecommunication services, namely, electronic transmission and streaming of audio, video, graphics, text and data via the Internet and broadband systems of information regarding eSports, eSports competitions, fan events in the field of eSports and videogamesClass 038 for television broadcasting services; transmission of television programs; cable television broadcasting services; streaming of audio, visual and audiovisual material on the internet; telecommunication services, namely, electronic transmission and streaming of audio, video, graphics, text and data via the Internet and broadband systems of information regarding eSports, eSports competitions, fan events in the field of eSports and videogames
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 041 for Entertainment services in the nature of ongoing television programs in the fields of eSports, eSports competitions, fan events in the field of eSports and Videogames distributed via various platforms across multiple forms of transmission media; production of television programs in the fields of eSports, eSports competitions, fan events in the field of eSports and Videogames, not downloadable, provided via video-on-demand transmission services; providing on-line entertainment information, namely, information about television programming
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 in the nature of ongoing television programs in the fields of eSports, eSports competitions, fan events in the field of eSports and videogames distributed via various platforms across multiple forms of transmission media; production of television programs in the fields of eSports, eSports competitions, fan events in the field of eSports and Videogames, not downloadable, provided via video-on-demand transmission services; production of television programs in the fields of eSports, eSports competitions, fan events in the field of eSports and videogames, said programs being in a format intended for provision multiple forms of transmission media; providing on-line entertainment information, namely, information about television programming; providing on-line entertainment information, namely, information about television programming.Class 041 for Entertainment services in the nature of ongoing television programs in the fields of eSports, eSports competitions, fan events in the field of eSports and videogames distributed via various platforms across multiple forms of transmission media; production of television programs in the fields of eSports, eSports competitions, fan events in the field of eSports and videogames, said programs being in a format intended for provision multiple forms of transmission media; providing on-line entertainment information, namely, information about television programming.
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: Nancy Leon. Nancy Leon of AVALERROUX, LLP, is located at

      STE 220
      888 17TH ST. NW STE 220
      WASHINGTON, District of Columbia 20006
      US

The phone number is 202-223-6400.

The email address is nleon@avafirm.com

The applicants proposed attorney information: Nancy Leon. Other appointed attorneys are Nancy Leon. Nancy Leon of AVALERROUX, 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

      STE 220
      888 17TH ST. NW STE 220
      WASHINGTON, District of Columbia 20006
      United States

The phone number is 202-223-6400.

The email address is nleon@avafirm.com

Nancy Leon 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: NANCY LEON. NANCY LEON of AVALERROUX, LLP, is located at

      STE 220
      888 17TH ST. NW STE 220
      WASHINGTON, District of Columbia 20006
      US

The phone number is 202-223-6400.

The email address is nleon@avafirm.com; nleventhal@avafirm.com

The applicants proposed correspondence information: Nancy Leon. Nancy Leon of AVALERROUX, LLP, is located at

      STE 220
      888 17TH ST. NW STE 220
      WASHINGTON, District of Columbia 20006
      United States

The phone number is 202-223-6400.

The email address is nleon@avafirm.com

SIGNATURE(S)
Response Signature
Signature: /Nancy Leon/     Date: 09/16/2019
Signatory's Name: Nancy Leon
Signatory's Position: Attorney of record, New York bar member, AVALERROUX LLP

Signatory's Phone Number: 202-223-6400

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:    NANCY LEON
   AVALERROUX, LLP
   STE 220
   888 17TH ST. NW STE 220
   WASHINGTON, District of Columbia 20006
Mailing Address:    Nancy Leon
   AVALERROUX, LLP
   STE 220
   888 17TH ST. NW STE 220
   WASHINGTON, District of Columbia 20006
        
Serial Number: 88514969
Internet Transmission Date: Mon Sep 16 15:56:31 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XXX-201909161556317
91016-88514969-610a6a8bc954ca5d2432e8c1b
4ab148fb15b65d1c57465ccc747c9fa036e4148f
-N/A-N/A-20190916153248566717