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. 88811717 THE HYPE HOUSE(Standard Characters, see http://uspto.report/TM/88811717/mark.png) has been amended as follows:

EVIDENCE
Evidence has been attached: Applicant's response.
Original PDF file:
evi_2605e0005ac3e200996fb e81539e1536-2020111817264 9679098_._HYPEHOUSE-offic eaction-11-18-20.pdf
Converted PDF file(s) ( 2 pages) Evidence-1Evidence-2

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 003 for Cosmetics, fragrances, makeup, hair shampoo; hair conditioner; hair mousse; hair cream rinse, skin cleansing cream; facial, hand, and body cream, hair lotion, body lotion, and skin lotion and skin moisturizer; scalp conditioner; bubble bath; bath oil; bath powder, nail polish; nail hardener; facial scrub; facial mask; talcum powder; perfume; cologne; aftershave lotion; shaving cream and shaving foam; deodorant soap and skin soap; liquid soap for hands, face, and body; eye shadow, blush, facial concealer, foundation, rouge, face powder, mascara, lip liner, eyeliner; facial cosmetics, namely, cover sticks; make-up primer, eyebrow powder, eyebrow pencils, lip gloss, lip balm and lipstick
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: Cosmetics, fragrances, makeup, hair shampoo; hair conditioner; hair mousse; hair cream rinse, skin cleansing cream; facial, hand, and body cream, hair lotion, body lotion, and skin lotion and skin moisturizer; scalp conditioner; bubble bath; bath oil; bath powder, nail polish; nail hardener; facial scrub; facial mask; talcum powder; perfume; cologne; aftershave lotion; shaving cream and shaving foam; deodorant soap and skin soap; liquid soap for hands, face, and body; non-medicated liquid soap for hands, face, and body; eye shadow, blush, facial concealer, foundation, rouge, face powder, mascara, lip liner, eyeliner; facial cosmetics, namely, cover sticks; make-up primer, eyebrow powder, eyebrow pencils, lip gloss, lip balm and lipstickClass 003 for Cosmetics, fragrances, makeup, hair shampoo; hair conditioner; hair mousse; hair cream rinse, skin cleansing cream; facial, hand, and body cream, hair lotion, body lotion, and skin lotion and skin moisturizer; scalp conditioner; bubble bath; bath oil; bath powder, nail polish; nail hardener; facial scrub; facial mask; talcum powder; perfume; cologne; aftershave lotion; shaving cream and shaving foam; deodorant soap and skin soap; non-medicated liquid soap for hands, face, and body; eye shadow, blush, facial concealer, foundation, rouge, face powder, mascara, lip liner, eyeliner; facial cosmetics, namely, cover sticks; make-up primer, eyebrow powder, eyebrow pencils, lip gloss, lip balm and lipstick
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 009 for Eyeglasses, sunglasses, computer games, namely, recorded computer game cartridges, discs, tapes and programs, computer game software, programs and discs; a series of DVDs featuring motion pictures and television programs; optical discs featuring motion pictures and television programs; game software, video game software, programs, discs and cartridges; electronic game software and programs; Downloadable motion pictures and a series of downloadable television programs; cell phone covers; Computer and wireless applications
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: Eyeglasses, sunglasses, computer games, namely, recorded computer game cartridges, discs, tapes and programs, computer game software, programs and discs; Eyeglasses; a series of DVDs featuring motion pictures and television programs; sunglasses; optical discs featuring motion pictures and television programs; computer games, namely, recorded computer game cartridges, discs, tapes and programs; game software, video game software, programs, discs and cartridges; recorded computer game software, programs and discs; electronic game software and programs; a series of DVDs featuring motion pictures and television programsin in the fields of news, comedy, variety, reality, drama, action/adventure, sports and music; Downloadable motion pictures and a series of downloadable television programs; optical discs featuring motion pictures and television programs in the fields of news, comedy, variety, reality, drama, action/adventure, sports and music; downloadable and recorded game software; Computer and wireless applications; recorded video game software, programs, discs and cartridges; downloadable and recorde electronic game software and programs; Downloadable motion pictures and a series of downloadable television programs in the fields of news, comedy, variety, reality, drama, action/adventure, sports and music; cell phone covers; downloadable and recorded computer and wireless applications; Ongoing series of motion picture films in the fields of news, comedy, variety, reality, drama, action/adventure, sports and music; Downloadable ongoing series of motion pictures and television programs in the fields of news, comedy, variety, reality, drama, action/adventure, sports and music.Class 009 for Eyeglasses; sunglasses; computer games, namely, recorded computer game cartridges, discs, tapes and programs; recorded computer game software, programs and discs; a series of DVDs featuring motion pictures and television programsin in the fields of news, comedy, variety, reality, drama, action/adventure, sports and music; optical discs featuring motion pictures and television programs in the fields of news, comedy, variety, reality, drama, action/adventure, sports and music; downloadable and recorded game software; recorded video game software, programs, discs and cartridges; downloadable and recorde electronic game software and programs; Downloadable motion pictures and a series of downloadable television programs in the fields of news, comedy, variety, reality, drama, action/adventure, sports and music; cell phone covers; downloadable and recorded computer and wireless applications; Ongoing series of motion picture films in the fields of news, comedy, variety, reality, drama, action/adventure, sports and music; Downloadable ongoing series of motion pictures and television programs in the fields of news, comedy, variety, reality, drama, action/adventure, sports and music.
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 016 for A series of books
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: A series of books; A series of fiction and non-fiction booksClass 016 for A series of fiction and non-fiction books
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 018 for Purses, luggage, carry cases, traveling bags, wallets, briefcases, valises, umbrellas, parasols, garment bags for traveling, trunks being luggage, gym bags, backpacks, tote bags cosmetic or toiletry bags sold empty, document cases, duffel bags, handbags, luggage tags, clutches, reusable shopping bag, shoulder bags, business card holders and credit card holders
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: Purses, luggage, carry cases, traveling bags, wallets, briefcases, valises, umbrellas, parasols, garment bags for traveling, trunks being luggage, gym bags, backpacks, tote bags cosmetic or toiletry bags sold empty, document cases, duffel bags, handbags, luggage tags, clutches, reusable shopping bag, shoulder bags, business card holders and credit card holders; Purses, luggage, carrying cases, traveling bags, wallets, briefcases, valises, umbrellas, parasols, garment bags for traveling, trunks being luggage, gym bags, backpacks, tote bags cosmetic or toiletry bags sold empty, document cases, duffel bags, handbags, luggage tags, clutches, reusable shopping bag, shoulder bags, business card holders and credit card holdersClass 018 for Purses, luggage, carrying cases, traveling bags, wallets, briefcases, valises, umbrellas, parasols, garment bags for traveling, trunks being luggage, gym bags, backpacks, tote bags cosmetic or toiletry bags sold empty, document cases, duffel bags, handbags, luggage tags, clutches, reusable shopping bag, shoulder bags, business card holders and credit card holders
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 028 for Toys, games, dolls, plush toys, stuffed toys, and action figures and accessories therefor; games, namely, board games, arcade games and tabletop games; playthings, namely, beanbags in the form of playthings; video game consoles and machines; electronic games, namely, arcade-type electronic video games; sporting goods, sports balls
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: Toys, games, dolls, plush toys, stuffed toys, and action figures and accessories therefor; games, namely, board games, arcade games and tabletop games; playthings, namely, beanbags in the form of playthings; video game consoles and machines; electronic games, namely, arcade-type electronic video games; sporting goods, sports balls; sporting goods, tennis rackets, sports ballsClass 028 for Toys, games, dolls, plush toys, stuffed toys, and action figures and accessories therefor; games, namely, board games, arcade games and tabletop games; playthings, namely, beanbags in the form of playthings; video game consoles and machines; electronic games, namely, arcade-type electronic video games; sporting goods, tennis rackets, sports balls
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 A series of television programs, motion pictures and other entertainment programs; entertainment services, namely, providing an on-line board games and providing online non-downloadable game software; Entertainment in the nature of an ongoing series of television programs in the fields of news, comedy, variety, drama, action/adventure, sports and musical; Entertainment services, namely, providing a series of radio programs in the fields of news, comedy, variety, drama, action/adventure, sports and musical on the radio or via a global computer network; Entertainment media production services for a series of motion pictures, television programs and Internet programs; providing on-line computer games; Production and distribution of motion pictures, television programs and other entertainment programs. Live musical performances and events. Entertainment in the nature of an ongoing series of motion pictures
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: A series of television programs, motion pictures and other entertainment programs; Entertainment in the nature of an ongoing series of television programs and motion pictures in the fields of news, comedy, variety, drama, reality, action/adventure, sports and musical; Entertainment services, namely, providing a series of ongoing radio programs in the fields of news, comedy, variety, reality, drama, action/adventure, sports and musical on the radio or via a global computer network; Entertainment in the nature of an ongoing series of television programs in the fields of news, comedy, variety, drama, action/adventure, sports and musical; Entertainment media production services for a series of motion pictures, television programs and Internet programs; Entertainment services, namely, providing a series of radio programs in the fields of news, comedy, variety, drama, action/adventure, sports and musical on the radio or via a global computer network; providing on-line computer games; Production and distribution of motion pictures, television programs and other entertainment programs. Entertainment in the nature of an ongoing series of motion pictures; entertainment services, namely, providing an on-line board games and providing online non-downloadable game software; Production and distribution of motion pictures, television programs and other entertainment programs. Live musical performances and events. Entertainment in the nature of an ongoing series of motion pictures; Entertainment media production services for a series of motion pictures, television programs and Internet programs; providing on-line computer games; Production and distribution of motion pictures, television programs and other entertainment programs in the nature of multimedia entertainment content; Entertainment events, namely, live musical concerts and other events; Entertainment in the nature of provision of an ongoing series of motion pictures, television programs and other entertainment content via a video-on-demand serviceClass 041 for Entertainment in the nature of an ongoing series of television programs and motion pictures in the fields of news, comedy, variety, drama, reality, action/adventure, sports and musical; Entertainment services, namely, providing a series of ongoing radio programs in the fields of news, comedy, variety, reality, drama, action/adventure, sports and musical on the radio or via a global computer network; Entertainment media production services for a series of motion pictures, television programs and Internet programs; providing on-line computer games; Production and distribution of motion pictures, television programs and other entertainment programs. Entertainment in the nature of an ongoing series of motion pictures; entertainment services, namely, providing an on-line board games and providing online non-downloadable game software; Entertainment media production services for a series of motion pictures, television programs and Internet programs; providing on-line computer games; Production and distribution of motion pictures, television programs and other entertainment programs in the nature of multimedia entertainment content; Entertainment events, namely, live musical concerts and other events; Entertainment in the nature of provision of an ongoing series of motion pictures, television programs and other entertainment content via a video-on-demand service
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
Disclaimer
No claim is made to the exclusive right to use HOUSE apart from the mark as shown.

Correspondence Information (current):
      KENNETH A. FEINSWOG
      PRIMARY EMAIL FOR CORRESPONDENCE: kfeinswog@gmail.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED
Correspondence Information (proposed):
      Kenneth A. Feinswog
      PRIMARY EMAIL FOR CORRESPONDENCE: kfeinswog@gmail.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: /kenneth a. feinswog/     Date: 11/18/2020
Signatory's Name: Kenneth A. Feinswog
Signatory's Position: Attorney of Record, California bar member

Signatory's Phone Number: 3108465800

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:    KENNETH A. FEINSWOG
   KENNETH A. FEINSWOG
   SUITE 300
   400 CORPORATE POINTE
   CULVER CITY, California 90230
Mailing Address:    Kenneth A. Feinswog
   KENNETH A. FEINSWOG
   SUITE 300
   400 CORPORATE POINTE
   CULVER CITY, California 90230
        
Serial Number: 88811717
Internet Transmission Date: Wed Nov 18 17:53:01 ET 2020
TEAS Stamp: USPTO/ROA-XXXX:XXXX:XXXX:XXXX:XXXX:XXXX:
XXXX:XXXX-20201118175301352520-88811717-
750d81a6bd934ba827f69dbe11ae6e6e6a9fa189
abf254c28f2d9c9c18c93c07c-N/A-N/A-202011
18172649679098