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 09/30/2020)

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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 09/30/2020)

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 88741304 APPLICANT-SUPPLIED FILE (SOUND/MOTION) (Sound/Motion Mark) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 009 for Downloadable game software; downloadable software for streaming audio and video content on mobile phones, tablets, personal computers, and televisions; downloadable computer applications featuring video and computer games; downloadable ring tones for mobile phones; downloadable files in the field of entertainment, namely, ringtones, graphics, images, electronic games, and music, via a global computer network and wireless devices
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 game software; downloadable software for streaming audio and video content on mobile phones, tablets, personal computers, and televisions; downloadable computer applications featuring video and computer games; downloadable ring tones for mobile phones; downloadable files in the field of entertainment, namely, ringtones, graphics, images, electronic games, and music, via a global computer network and wireless devices; downloadable files in the field of entertainment, namely, ringtones for mobile phones, graphics for mobile phones, images in the field of video games and general interest, electronic downloadable computer games, and music, via a global computer network and wireless devices.Class 009 for Downloadable game software; downloadable software for streaming audio and video content on mobile phones, tablets, personal computers, and televisions; downloadable computer applications featuring video and computer games; downloadable ring tones for mobile phones; downloadable files in the field of entertainment, namely, ringtones for mobile phones, graphics for mobile phones, images in the field of video games and general interest, electronic downloadable computer games, and music, via a global computer network and wireless devices.
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:

Current:
Class 041 for Entertainment services, namely, providing information in the field of gaming; entertainment services, namely, providing a website featuring non-downloadable instructional electronic media, multimedia content, videos, movies, pictures, images, text, photos, user-generated content, audio content, gaming content in the field of electronic games; entertainment services, namely, providing on-line computer games; providing temporary online non-downloadable game software; providing temporary online non-downloadable computer applications featuring video and computer games; providing temporary use of online non-downloadable software for gaming; entertainment services, namely, non-downloadable ringtones, pre-recorded music, and graphics presented to mobile communications devices via a global computer network
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 information in the field of gaming; entertainment services, namely, providing a website featuring non-downloadable instructional electronic media, multimedia content, videos, movies, pictures, images, text, photos, user-generated content, audio content, gaming content in the field of electronic games; entertainment services, namely, providing a website featuring non-downloadable instructional electronic, multimedia content, videos, movies, pictures, images, text, photos, user-generated content, audio content, and gaming content in the fields of electronic games; entertainment services, namely, providing on-line computer games; providing temporary online non-downloadable game software; providing temporary online non-downloadable computer applications featuring video and computer games; providing temporary use of online non-downloadable software for gaming; entertainment services, namely, non-downloadable ringtones, pre-recorded music, and graphics presented to mobile communications devices via a global computer network; entertainment services, namely, non-downloadable ringtones, pre-recorded music, and graphics presented to mobile communications devices via a global computer network.Class 041 for Entertainment services, namely, providing information in the field of gaming; entertainment services, namely, providing a website featuring non-downloadable instructional electronic, multimedia content, videos, movies, pictures, images, text, photos, user-generated content, audio content, and gaming content in the fields of electronic games; entertainment services, namely, providing on-line computer games; providing temporary online non-downloadable game software; providing temporary online non-downloadable computer applications featuring video and computer games; providing temporary use of online non-downloadable software for gaming; entertainment services, namely, non-downloadable ringtones, pre-recorded music, and graphics presented to mobile communications devices via a global computer network.
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.

ADDITIONAL STATEMENTS
Description of mark
The mark consists of a sound mark. The mark consists of accelerated hand clapping, percussion, chanting, synths in the key of E Major, bass synths in the key of E Major, and brass in the key of E Major, all in four-four time at a "beats per minute" of 141 with a swung triplet feel. For the accelerated hand clapping, the first and second bars consist of four quarter notes followed by a third bar in five-four time that consists of three quarter notes and one half note rest and a final bar in four-four time which consists of a quarter note rest followed by two quarter notes and a quarter note rest. For the percussion, the first two bars consist of two sustained whole notes, the third bar is in five-four time and consists of a dotted half note followed by a quarter note rest and a quarter note, and the final bar consists of three quarter notes followed by a quarter note rest. For the chanting, the first three bars consist of whole note rests, while the final bar consists of a quarter note rest followed by two eight notes, one quarter note and one quarter note rest; the final bar comprising the chanting of the word "Stadia." For the synths, the first two bars consist of two sustained E whole notes (lower E4 and higher E5 octave) played simultaneously followed by a third bar in five-four time consisting of two E dotted half notes followed by a half note rest followed by a final bar in four-four time consisting of a whole note rest. For the bass synths, the first two bars consist of two sustained E whole notes (lower E2 and higher E3 octave) played simultaneously followed by a third bar in five-four time consisting of two E dotted half notes followed by a half note rest followed by a last bar in four-four time consisting of a whole note rest. For the brass, the first two bars consist of one sustained E2 whole note played simultaneously followed by a third bar in five-four time consisting of one E dotted half note followed by a half note rest followed by a last bar in four-four time consisting of a half note and a half note rest.
Correspondence Information (current):
      GOOGLE LLC
      PRIMARY EMAIL FOR CORRESPONDENCE: tmdocketing@google.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): krobertson@google.com

The docket/reference number is GT-1509-US-1.
Correspondence Information (proposed):
      GOOGLE LLC
      PRIMARY EMAIL FOR CORRESPONDENCE: tmdocketing@google.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): krobertson@google.com

The docket/reference number is GT-1509-US-1.

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: /Giselle C.W. Huron/     Date: 10/27/2020
Signatory's Name: Giselle C.W. Huron
Signatory's Position: Google Trademark Counsel - Attorney of record, NY bar member

Signatory's Phone Number: 6502530000

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:    GOOGLE LLC
   
   
   1600 AMPHITHEATRE PARKWAY
   MOUNTAIN VIEW, California 94043
Mailing Address:    GOOGLE LLC
   1600 Amphitheatre Parkway
   Mountain View, California 94043
        
Serial Number: 88741304
Internet Transmission Date: Tue Oct 27 15:43:08 ET 2020
TEAS Stamp: USPTO/ROA-XXXX:XXX:XXX:XXXX:XXXX:XXXX:XX
XX:XXXX-20201027154308260722-88741304-75
0b89f7fe4dbd59c4590505ae33b71fff65ebac81
176fc2390c32dbce34e1f-N/A-N/A-2020102715
0628210538