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. 88975114 AVATAR (Stylized and/or with Design, see http://uspto.report/TM/88975114/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 035 for Administration of a program to promote community service; administration of consumer loyalty program; advertising and marketing services, namely, promoting the goods and services of others; advertising, marketing and promotion services; arranging and conducting special events for commercial, promotional or advertising purposes; business consulting and information services; charitable services, namely, promoting environmental awareness to the public; management of commercial activities; market research; promoting public awareness of environmental issues and initiatives; providing career information; online retail store services; retail gift shops; retail store services;retail store services featuring general merchandise; retail store services featuring cosmetics and personal care products, nutritional supplements and vitamins, metal objects, novelty items, figurines, statuettes, tools, pre-recorded media featuring motion pictures, music, mouse pads, mobile device cases, jewelry, watches, stationery, posters, books, paper products, bags, furniture, umbrellas, pet products, children's products, decorative items, household and kitchen goods, beverageware, textiles, clothing, headwear, footwear, costumes, fashion accessories, games and toys, collectibles, souvenir items, snacks, beverages, food products, candy and sweets
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: Administration of a program to promote community service; administration of consumer loyalty program; administration of consumer loyalty program which provides loyalty points for on-line purchase of a company's goods and services; advertising and marketing services, namely, promoting the goods and services of others; advertising, marketing and promotion services; arranging and conducting special events for commercial, promotional or advertising purposes; business consulting and information services; charitable services, namely, promoting environmental awareness to the public; management of commercial activities; market research; promoting public awareness of environmental issues and initiatives; providing career information; online retail store services; online retail store services featuring general merchandise; retail gift shops; retail store services; retail store services featuring general merchandise; retail store services featuring cosmetics and personal care products, nutritional supplements and vitamins, metal objects, novelty items, figurines, statuettes, tools, pre-recorded media featuring motion pictures, music, mouse pads, mobile device cases, jewelry, watches, stationery, posters, books, paper products, bags, furniture, umbrellas, pet products, children's products, decorative items, household and kitchen goods, beverage-ware, textiles, clothing, headwear, footwear, costumes, fashion accessories, games and toys, collectibles, souvenir items, snacks, beverages, food products, candy and sweets; retail store services featuring cosmetics and personal care products, nutritional supplements and vitamins, metal objects, novelty items, figurines, statuettes, tools, pre-recorded media featuring motion pictures, music, mouse pads, mobile device cases, jewelry, watches, stationery, posters, books, paper products, bags, furniture, umbrellas, pet products, children's products, decorative items, household and kitchen goods, beverageware, textiles, clothing, headwear, footwear, costumes, fashion accessories, games and toys, collectibles, souvenir items, snacks, beverages, food products, candy and sweetsClass 035 for Administration of a program to promote community service; administration of consumer loyalty program which provides loyalty points for on-line purchase of a company's goods and services; advertising and marketing services, namely, promoting the goods and services of others; advertising, marketing and promotion services; arranging and conducting special events for commercial, promotional or advertising purposes; business consulting and information services; charitable services, namely, promoting environmental awareness to the public; management of commercial activities; market research; promoting public awareness of environmental issues and initiatives; providing career information; online retail store services featuring general merchandise; retail gift shops; retail store services featuring general merchandise; retail store services featuring cosmetics and personal care products, nutritional supplements and vitamins, metal objects, novelty items, figurines, statuettes, tools, pre-recorded media featuring motion pictures, music, mouse pads, mobile device cases, jewelry, watches, stationery, posters, books, paper products, bags, furniture, umbrellas, pet products, children's products, decorative items, household and kitchen goods, beverage-ware, textiles, clothing, headwear, footwear, costumes, fashion accessories, games and toys, collectibles, souvenir items, snacks, beverages, food products, candy and sweets
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.

SIGNATURE(S)
Response Signature
Signature: /ama/     Date: 08/27/2019
Signatory's Name: A. Minnie Alexander
Signatory's Position: Attorney of record, Minnesota bar member

Signatory's Phone Number: (818) 560-1000

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.

        
Serial Number: 88975114
Internet Transmission Date: Wed Aug 28 13:30:49 EDT 2019
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.XX-201908281330499
33045-88975114-6105234bdeff247958b61759e
825438947ff71c1f2cdd5d79ee35c219116c7abc
f-N/A-N/A-20190827193314619316