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. 88214083 PPP (Stylized and/or with Design, see http://tmng-al.gov.uspto.report/resting2/api/img/88214083/large) 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 028 for GAMING ACCESSORY PRODUCTS, NAMELY, KEYBOARDS, HEADSETS, CONTROLLERS, BUNGEES, HEADSET PERIPHERALS, PERIPHERALS BAGS, CONSOLE BAGS, SPEAKERS, EYEWEAR, MOUSE PADS, COMPUTER MICE, CHAIRS, CAPTURE DEVICES, MICROPHONES, CONSOLE STANDS, CONSOLE CONTROLLERS, CONSOLE CONTROLLER STANDS, CONSOLE CONTROLLER CHARGERS, ORGANIZERS, CONSOLE PERIPHERALS
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: GAMING ACCESSORY PRODUCTS, NAMELY, KEYBOARDS, HEADSETS, CONTROLLERS, BUNGEES, HEADSET PERIPHERALS, PERIPHERALS BAGS, CONSOLE BAGS, SPEAKERS, EYEWEAR, MOUSE PADS, COMPUTER MICE, CHAIRS, CAPTURE DEVICES, MICROPHONES, CONSOLE STANDS, CONSOLE CONTROLLERS, CONSOLE CONTROLLER STANDS, CONSOLE CONTROLLER CHARGERS, ORGANIZERS, CONSOLE PERIPHERALS; gaming accessory products, namely, game controllers in the nature of keyboards for computer games, gaming headsets adapted for use in playing video games, controllers for game consoles, bungees in the nature of holders specially adapted for gaming mice to prevent tangling of cables, headset peripherals in the nature of stands featuring power supply connectors specially adapted for use with gaming headsets adapted for use in playing video games, peripherals bags in the nature of protective carrying cases specially adapted for video game consoles for use with an external display screen or monitor, console bags in the nature of protective carrying cases specially adapted for video game consoles for use with an external display screen or monitor, computer mice adapted for playing video games, capture devices being structural parts of video game consoles, console stands in the nature of stands for electronic game playing apparatus, namely, video game consoles, hand-held video game units, and gaming PC's, controllers for game consoles, console controller stands in the nature of stands for electronic game playing apparatus being video game consoles, console peripherals, namely, video game console controller chargers, electronic charging stations specially adapted for use with video game consoles, cooling stands specially adapted for use with video game consoles, power adapters for use with video game consoles, stands specially adapted for use with video game consoles, cases specially adapted for use with video game consolesClass 028 for gaming accessory products, namely, game controllers in the nature of keyboards for computer games, gaming headsets adapted for use in playing video games, controllers for game consoles, bungees in the nature of holders specially adapted for gaming mice to prevent tangling of cables, headset peripherals in the nature of stands featuring power supply connectors specially adapted for use with gaming headsets adapted for use in playing video games, peripherals bags in the nature of protective carrying cases specially adapted for video game consoles for use with an external display screen or monitor, console bags in the nature of protective carrying cases specially adapted for video game consoles for use with an external display screen or monitor, computer mice adapted for playing video games, capture devices being structural parts of video game consoles, console stands in the nature of stands for electronic game playing apparatus, namely, video game consoles, hand-held video game units, and gaming PC's, controllers for game consoles, console controller stands in the nature of stands for electronic game playing apparatus being video game consoles, console peripherals, namely, video game console controller chargers, electronic charging stations specially adapted for use with video game consoles, cooling stands specially adapted for use with video game consoles, power adapters for use with video game consoles, stands specially adapted for use with video game consoles, cases specially adapted for use with video game consoles
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 hereby adds the following class of goods/services to the application:
New: Class 009 for gaming accessory products, namely, headsets for virtual reality games, computer keyboard controllers, headset peripherals in the nature of headset cable adaptors, wireless headset electric signal transmitters, headset cases in the nature of cases specially adapted for holding headsets for virtual reality games, peripherals bags and console bags in the nature of laptop carrying cases, and tablet carrying cases), wired 2.0 speakers, wired 2.1 audio speakers, wired surround sound audio speakers, wireless subwoofer, wired soundbar, wireless soundbar, wireless speakers, eyewear, mouse pads, computer mice, microphones, bungees in the nature of holders specially adapted for computer mice to prevent tangling of cables, capture devices in the nature of video and audio recorders used to record games, console controller chargers, electronic charging stations, and console peripherals, namely, electronic charging station, cooling stands adapted for laptop and tablet computers, cables, namely USB cables and audio cables, power adapters for use with computers, stands adapted for laptop and tablet computers
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 hereby adds the following class of goods/services to the application:
New: Class 016 for gaming accessory products, namely, desktop organizers
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 hereby adds the following class of goods/services to the application:
New: Class 020 for gaming accessory products, namely, chairs, organizers in the nature of plastic ducts and couplings for organizing and holding fiber optic and similar cable and wiring
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.

FEE(S)
Fee(s) in the amount of $825 is being submitted.

SIGNATURE(S)
Declaration Signature

DECLARATION: The signatory being warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. § 1001, and that such willful false statements and the like may jeopardize the validity of the application or submission or any registration resulting therefrom, declares that, if the applicant submitted the application or allegation of use (AOU) unsigned, all statements in the application or AOU and this submission based on the signatory's own knowledge are true, and all statements in the application or AOU and this submission made on information and belief are believed to be true.

STATEMENTS FOR UNSIGNED SECTION 1(a) APPLICATION/AOU: If the applicant filed an unsigned application under 15 U.S.C. §1051(a) or AOU under 15 U.S.C. §1051(c), the signatory additionally believes that: the applicant is the owner of the mark sought to be registered; the mark is in use in commerce and was in use in commerce as of the filing date of the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; the original specimen(s), if applicable, shows the mark in use in commerce as of the filing date of the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; for a collective trademark, collective service mark, collective membership mark application, or certification mark application, the applicant is exercising legitimate control over the use of the mark in commerce and was exercising legitimate control over the use of the mark in commerce as of the filing date of the application or AOU; for a certification mark application, the applicant is not engaged 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. To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services/collective membership organization of such other persons, to cause confusion or mistake, or to deceive.

STATEMENTS FOR UNSIGNED SECTION 1(b)/SECTION 44 APPLICATION AND FOR SECTION 66(a) COLLECTIVE/CERTIFICATION MARK APPLICATION: If the applicant filed an unsigned application under 15 U.S.C. §§ 1051(b), 1126(d), and/or 1126(e), or filed a collective/certification mark application under 15 U.S.C. §1141f(a), the signatory additionally believes that: for a trademark or service mark application, the applicant is entitled to use the mark in commerce on or in connection with the goods/services specified in the application; the applicant has a bona fide intention to use the mark in commerce and had a bona fide intention to use the mark in commerce as of the application filing date; for a collective trademark, collective service mark, collective membership mark, or certification mark application, the applicant has a bona fide intention, and is entitled, to exercise legitimate control over the use of the mark in commerce and had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce as of the application filing date; the signatory is properly authorized to execute the declaration on behalf of the applicant; for a certification mark application, 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. To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services/collective membership organization of such other persons, to cause confusion or mistake, or to deceive.

Signature: /Anthony F. Lo Cicero, Esq./      Date: 06/05/2019
Signatory's Name: Anthony F. Lo Cicero, Esq.
Signatory's Position: attorney of record; New York State Bar member
Signatory's Phone Number: 212 336 8000


Response Signature
Signature: /Anthony F. Lo Cicero, Esq./     Date: 06/05/2019
Signatory's Name: Anthony F. Lo Cicero, Esq.
Signatory's Position: attorney of record; New York State Bar member

Signatory's Phone Number: 212 336 8000

The signatory has confirmed that he/she is an attorney who is a member in good standing of the bar of the highest court of a U.S. state, which includes the District of Columbia, Puerto Rico, and other federal territories and possessions; 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. attorney or a Canadian attorney/agent not currently associated with his/her company/firm previously represented the owner/holder in this matter: (1) the owner/holder has filed or is concurrently filing a signed revocation of or substitute power of attorney with the USPTO; (2) the USPTO has granted the request of the prior representative to withdraw; (3) the owner/holder has filed a power of attorney appointing him/her in this matter; or (4) the owner's/holder's appointed U.S. attorney or Canadian attorney/agent has filed a power of attorney appointing him/her as an associate attorney in this matter.

        
RAM Sale Number: 88214083
RAM Accounting Date: 06/05/2019
        
Serial Number: 88214083
Internet Transmission Date: Wed Jun 05 09:54:16 EDT 2019
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.XXX-20190605095416
938478-88214083-620bc7c2524a39b189568fd0
582cba1bca5e605b30ea5e1c1af049f753bbfaa3
7a-DA-8715-20190605092947520254