PTO- 2194 |
Approved for use through 03/31/2024. OMB 0651-0054 |
U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE
Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number |
Petition To Revive Abandoned Application - Failure To Respond Timely To Office Action
The table below presents the data as entered.
Input Field
|
Entered
|
SERIAL NUMBER |
90023489 |
LAW OFFICE ASSIGNED |
LAW OFFICE 123 |
DATE OF NOTICE OF ABANDONMENT |
03/12/2021 |
PETITION |
PETITION STATEMENT |
Applicant has firsthand knowledge that the failure to respond to the Office Action by the specified deadline was unintentional, and
requests the USPTO to revive the abandoned application. |
RESPONSE TO OFFICE ACTION |
MARK SECTION |
MARK |
mark |
LITERAL ELEMENT |
FABLE |
STANDARD CHARACTERS |
YES |
USPTO-GENERATED IMAGE |
YES |
MARK STATEMENT |
The mark consists of standard characters, without claim to any particular font style, size or color. |
EVIDENCE SECTION |
EVIDENCE FILE NAME(S) |
ORIGINAL PDF FILE |
evi_661926434-20210317154
406065516_._OA_Response_- _Likelihood_of_Confusion_ -_FABLE.pdf |
CONVERTED PDF FILE(S)
(8 pages) |
\\TICRS\EXPORT18\IMAGEOUT 18\900\234\90023489\xml6\ POA0002.JPG |
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\\TICRS\EXPORT18\IMAGEOUT 18\900\234\90023489\xml6\ POA0003.JPG |
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\\TICRS\EXPORT18\IMAGEOUT 18\900\234\90023489\xml6\ POA0004.JPG |
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\\TICRS\EXPORT18\IMAGEOUT 18\900\234\90023489\xml6\ POA0005.JPG |
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\\TICRS\EXPORT18\IMAGEOUT 18\900\234\90023489\xml6\ POA0006.JPG |
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\\TICRS\EXPORT18\IMAGEOUT 18\900\234\90023489\xml6\ POA0007.JPG |
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\\TICRS\EXPORT18\IMAGEOUT 18\900\234\90023489\xml6\ POA0008.JPG |
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\\TICRS\EXPORT18\IMAGEOUT 18\900\234\90023489\xml6\ POA0009.JPG |
ORIGINAL PDF FILE |
evi_1-661926434-202103171 54406065516_._Exhibit_A.pdf |
CONVERTED PDF FILE(S)
(5 pages) |
\\TICRS\EXPORT18\IMAGEOUT 18\900\234\90023489\xml6\ POA0010.JPG |
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\\TICRS\EXPORT18\IMAGEOUT 18\900\234\90023489\xml6\ POA0011.JPG |
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\\TICRS\EXPORT18\IMAGEOUT 18\900\234\90023489\xml6\ POA0012.JPG |
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\\TICRS\EXPORT18\IMAGEOUT 18\900\234\90023489\xml6\ POA0013.JPG |
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\\TICRS\EXPORT18\IMAGEOUT 18\900\234\90023489\xml6\ POA0014.JPG |
ORIGINAL PDF FILE |
evi_1-661926434-202103171 54406065516_._Exhibit_B_-
_BAFTA.pdf |
CONVERTED PDF FILE(S)
(2 pages) |
\\TICRS\EXPORT18\IMAGEOUT 18\900\234\90023489\xml6\ POA0015.JPG |
|
\\TICRS\EXPORT18\IMAGEOUT 18\900\234\90023489\xml6\ POA0016.JPG |
ORIGINAL PDF FILE |
evi_661926434-20210317154 406065516_._Exhibit_C_-_X
PLAY_GOTY.pdf |
CONVERTED PDF FILE(S)
(3 pages) |
\\TICRS\EXPORT18\IMAGEOUT 18\900\234\90023489\xml6\ POA0017.JPG |
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\\TICRS\EXPORT18\IMAGEOUT 18\900\234\90023489\xml6\ POA0018.JPG |
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\\TICRS\EXPORT18\IMAGEOUT 18\900\234\90023489\xml6\ POA0019.JPG |
ORIGINAL PDF FILE |
evi_661926434-20210317154
406065516_._Exhibit_D_-_G amespot_Game_of_the_Show.pdf |
CONVERTED PDF FILE(S)
(2 pages) |
\\TICRS\EXPORT18\IMAGEOUT 18\900\234\90023489\xml6\ POA0020.JPG |
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\\TICRS\EXPORT18\IMAGEOUT 18\900\234\90023489\xml6\ POA0021.JPG |
ORIGINAL PDF FILE |
evi_661926434-20210317154 406065516_._Exhibit_E.pdf |
CONVERTED PDF FILE(S)
(76 pages) |
\\TICRS\EXPORT18\IMAGEOUT 18\900\234\90023489\xml6\ POA0022.JPG |
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\\TICRS\EXPORT18\IMAGEOUT 18\900\234\90023489\xml6\ POA0023.JPG |
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\\TICRS\EXPORT18\IMAGEOUT 18\900\234\90023489\xml6\ POA0024.JPG |
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\\TICRS\EXPORT18\IMAGEOUT 18\900\234\90023489\xml6\ POA0025.JPG |
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\\TICRS\EXPORT18\IMAGEOUT 18\900\234\90023489\xml6\ POA0026.JPG |
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\\TICRS\EXPORT18\IMAGEOUT 18\900\234\90023489\xml6\ POA0027.JPG |
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\\TICRS\EXPORT18\IMAGEOUT 18\900\234\90023489\xml6\ POA0028.JPG |
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\\TICRS\EXPORT18\IMAGEOUT 18\900\234\90023489\xml6\ POA0029.JPG |
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\\TICRS\EXPORT18\IMAGEOUT 18\900\234\90023489\xml6\ POA0030.JPG |
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\\TICRS\EXPORT18\IMAGEOUT 18\900\234\90023489\xml6\ POA0031.JPG |
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\\TICRS\EXPORT18\IMAGEOUT 18\900\234\90023489\xml6\ POA0032.JPG |
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\\TICRS\EXPORT18\IMAGEOUT 18\900\234\90023489\xml6\ POA0033.JPG |
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\\TICRS\EXPORT18\IMAGEOUT 18\900\234\90023489\xml6\ POA0034.JPG |
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\\TICRS\EXPORT18\IMAGEOUT 18\900\234\90023489\xml6\ POA0035.JPG |
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\\TICRS\EXPORT18\IMAGEOUT 18\900\234\90023489\xml6\ POA0036.JPG |
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\\TICRS\EXPORT18\IMAGEOUT 18\900\234\90023489\xml6\ POA0037.JPG |
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\\TICRS\EXPORT18\IMAGEOUT 18\900\234\90023489\xml6\ POA0038.JPG |
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\\TICRS\EXPORT18\IMAGEOUT 18\900\234\90023489\xml6\ POA0039.JPG |
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\\TICRS\EXPORT18\IMAGEOUT 18\900\234\90023489\xml6\ POA0040.JPG |
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\\TICRS\EXPORT18\IMAGEOUT 18\900\234\90023489\xml6\ POA0041.JPG |
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\\TICRS\EXPORT18\IMAGEOUT 18\900\234\90023489\xml6\ POA0042.JPG |
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\\TICRS\EXPORT18\IMAGEOUT 18\900\234\90023489\xml6\ POA0043.JPG |
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\\TICRS\EXPORT18\IMAGEOUT 18\900\234\90023489\xml6\ POA0044.JPG |
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\\TICRS\EXPORT18\IMAGEOUT 18\900\234\90023489\xml6\ POA0045.JPG |
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\\TICRS\EXPORT18\IMAGEOUT 18\900\234\90023489\xml6\ POA0046.JPG |
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\\TICRS\EXPORT18\IMAGEOUT 18\900\234\90023489\xml6\ POA0047.JPG |
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\\TICRS\EXPORT18\IMAGEOUT 18\900\234\90023489\xml6\ POA0048.JPG |
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\\TICRS\EXPORT18\IMAGEOUT 18\900\234\90023489\xml6\ POA0049.JPG |
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\\TICRS\EXPORT18\IMAGEOUT 18\900\234\90023489\xml6\ POA0050.JPG |
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\\TICRS\EXPORT18\IMAGEOUT 18\900\234\90023489\xml6\ POA0051.JPG |
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\\TICRS\EXPORT18\IMAGEOUT 18\900\234\90023489\xml6\ POA0052.JPG |
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\\TICRS\EXPORT18\IMAGEOUT 18\900\234\90023489\xml6\ POA0053.JPG |
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\\TICRS\EXPORT18\IMAGEOUT 18\900\234\90023489\xml6\ POA0054.JPG |
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\\TICRS\EXPORT18\IMAGEOUT 18\900\234\90023489\xml6\ POA0055.JPG |
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\\TICRS\EXPORT18\IMAGEOUT 18\900\234\90023489\xml6\ POA0056.JPG |
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\\TICRS\EXPORT18\IMAGEOUT 18\900\234\90023489\xml6\ POA0057.JPG |
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\\TICRS\EXPORT18\IMAGEOUT 18\900\234\90023489\xml6\ POA0058.JPG |
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\\TICRS\EXPORT18\IMAGEOUT 18\900\234\90023489\xml6\ POA0059.JPG |
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\\TICRS\EXPORT18\IMAGEOUT 18\900\234\90023489\xml6\ POA0060.JPG |
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\\TICRS\EXPORT18\IMAGEOUT 18\900\234\90023489\xml6\ POA0061.JPG |
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\\TICRS\EXPORT18\IMAGEOUT 18\900\234\90023489\xml6\ POA0062.JPG |
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\\TICRS\EXPORT18\IMAGEOUT 18\900\234\90023489\xml6\ POA0063.JPG |
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\\TICRS\EXPORT18\IMAGEOUT 18\900\234\90023489\xml6\ POA0064.JPG |
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\\TICRS\EXPORT18\IMAGEOUT 18\900\234\90023489\xml6\ POA0065.JPG |
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\\TICRS\EXPORT18\IMAGEOUT 18\900\234\90023489\xml6\ POA0066.JPG |
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\\TICRS\EXPORT18\IMAGEOUT 18\900\234\90023489\xml6\ POA0067.JPG |
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\\TICRS\EXPORT18\IMAGEOUT 18\900\234\90023489\xml6\ POA0068.JPG |
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\\TICRS\EXPORT18\IMAGEOUT 18\900\234\90023489\xml6\ POA0069.JPG |
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\\TICRS\EXPORT18\IMAGEOUT 18\900\234\90023489\xml6\ POA0070.JPG |
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\\TICRS\EXPORT18\IMAGEOUT 18\900\234\90023489\xml6\ POA0071.JPG |
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\\TICRS\EXPORT18\IMAGEOUT 18\900\234\90023489\xml6\ POA0072.JPG |
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\\TICRS\EXPORT18\IMAGEOUT 18\900\234\90023489\xml6\ POA0073.JPG |
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\\TICRS\EXPORT18\IMAGEOUT 18\900\234\90023489\xml6\ POA0074.JPG |
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\\TICRS\EXPORT18\IMAGEOUT 18\900\234\90023489\xml6\ POA0075.JPG |
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\\TICRS\EXPORT18\IMAGEOUT 18\900\234\90023489\xml6\ POA0076.JPG |
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\\TICRS\EXPORT18\IMAGEOUT 18\900\234\90023489\xml6\ POA0077.JPG |
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\\TICRS\EXPORT18\IMAGEOUT 18\900\234\90023489\xml6\ POA0078.JPG |
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\\TICRS\EXPORT18\IMAGEOUT 18\900\234\90023489\xml6\ POA0079.JPG |
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\\TICRS\EXPORT18\IMAGEOUT 18\900\234\90023489\xml6\ POA0080.JPG |
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\\TICRS\EXPORT18\IMAGEOUT 18\900\234\90023489\xml6\ POA0081.JPG |
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\\TICRS\EXPORT18\IMAGEOUT 18\900\234\90023489\xml6\ POA0082.JPG |
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\\TICRS\EXPORT18\IMAGEOUT 18\900\234\90023489\xml6\ POA0083.JPG |
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\\TICRS\EXPORT18\IMAGEOUT 18\900\234\90023489\xml6\ POA0084.JPG |
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\\TICRS\EXPORT18\IMAGEOUT 18\900\234\90023489\xml6\ POA0085.JPG |
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\\TICRS\EXPORT18\IMAGEOUT 18\900\234\90023489\xml6\ POA0086.JPG |
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\\TICRS\EXPORT18\IMAGEOUT 18\900\234\90023489\xml6\ POA0087.JPG |
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\\TICRS\EXPORT18\IMAGEOUT 18\900\234\90023489\xml6\ POA0088.JPG |
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\\TICRS\EXPORT18\IMAGEOUT 18\900\234\90023489\xml6\ POA0089.JPG |
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\\TICRS\EXPORT18\IMAGEOUT 18\900\234\90023489\xml6\ POA0090.JPG |
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\\TICRS\EXPORT18\IMAGEOUT 18\900\234\90023489\xml6\ POA0091.JPG |
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\\TICRS\EXPORT18\IMAGEOUT 18\900\234\90023489\xml6\ POA0092.JPG |
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\\TICRS\EXPORT18\IMAGEOUT 18\900\234\90023489\xml6\ POA0093.JPG |
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\\TICRS\EXPORT18\IMAGEOUT 18\900\234\90023489\xml6\ POA0094.JPG |
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\\TICRS\EXPORT18\IMAGEOUT 18\900\234\90023489\xml6\ POA0095.JPG |
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\\TICRS\EXPORT18\IMAGEOUT 18\900\234\90023489\xml6\ POA0096.JPG |
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\\TICRS\EXPORT18\IMAGEOUT 18\900\234\90023489\xml6\ POA0097.JPG |
ORIGINAL PDF FILE |
evi_661926434-20210317154 406065516_._Exhibit_F_-_C
ambridge_Dictionary.pdf |
CONVERTED PDF FILE(S)
(8 pages) |
\\TICRS\EXPORT18\IMAGEOUT 18\900\234\90023489\xml6\ POA0098.JPG |
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\\TICRS\EXPORT18\IMAGEOUT 18\900\234\90023489\xml6\ POA0099.JPG |
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\\TICRS\EXPORT18\IMAGEOUT 18\900\234\90023489\xml6\ POA0100.JPG |
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\\TICRS\EXPORT18\IMAGEOUT 18\900\234\90023489\xml6\ POA0101.JPG |
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\\TICRS\EXPORT18\IMAGEOUT 18\900\234\90023489\xml6\ POA0102.JPG |
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\\TICRS\EXPORT18\IMAGEOUT 18\900\234\90023489\xml6\ POA0103.JPG |
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\\TICRS\EXPORT18\IMAGEOUT 18\900\234\90023489\xml6\ POA0104.JPG |
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\\TICRS\EXPORT18\IMAGEOUT 18\900\234\90023489\xml6\ POA0105.JPG |
ORIGINAL PDF FILE |
evi_661926434-20210317154 406065516_._Exhibit_G_-_F
able_Storyline.pdf |
CONVERTED PDF FILE(S)
(4 pages) |
\\TICRS\EXPORT18\IMAGEOUT 18\900\234\90023489\xml6\ POA0106.JPG |
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\\TICRS\EXPORT18\IMAGEOUT 18\900\234\90023489\xml6\ POA0107.JPG |
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\\TICRS\EXPORT18\IMAGEOUT 18\900\234\90023489\xml6\ POA0108.JPG |
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\\TICRS\EXPORT18\IMAGEOUT 18\900\234\90023489\xml6\ POA0109.JPG |
ORIGINAL PDF FILE |
evi_661926434-20210317154 406065516_._Exhibit_H_-_J
ewelcity_FABLE.pdf |
CONVERTED PDF FILE(S)
(5 pages) |
\\TICRS\EXPORT18\IMAGEOUT 18\900\234\90023489\xml6\ POA0110.JPG |
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\\TICRS\EXPORT18\IMAGEOUT 18\900\234\90023489\xml6\ POA0111.JPG |
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\\TICRS\EXPORT18\IMAGEOUT 18\900\234\90023489\xml6\ POA0112.JPG |
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\\TICRS\EXPORT18\IMAGEOUT 18\900\234\90023489\xml6\ POA0113.JPG |
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\\TICRS\EXPORT18\IMAGEOUT 18\900\234\90023489\xml6\ POA0114.JPG |
DESCRIPTION OF EVIDENCE FILE |
Applicant's Office Action response and accompanying exhibits. |
GOODS AND/OR SERVICES SECTION (009) (current) |
INTERNATIONAL CLASS |
009 |
DESCRIPTION |
USB drives; cell-phone charging solutions; cellphone chargers; portable speakers; earbuds; headphones; cables |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (009) (proposed) |
INTERNATIONAL CLASS |
009 |
TRACKED TEXT DESCRIPTION |
USB drives; Blank USB flash drives; cell-phone charging solutions; cell-phone charging solutions in the nature of battery chargers; cellphone
chargers; cellphone chargers in the nature of chargers for smartphones; portable speakers; portable audio speakers; earbuds; headphones; cables; cables in the nature of electrical cables; magnets in the nature of refrigerator magnets; mousepads;
cell phone holder in the nature of carrying cases for cell phones; laptop carrying cases; cell-phone cases |
FINAL DESCRIPTION |
Blank USB flash drives; cell-phone charging solutions in the nature of battery chargers; cellphone chargers in the nature of
chargers for smartphones; portable audio speakers; earbuds; headphones; cables in the nature of electrical cables; magnets in the nature of refrigerator magnets; mousepads; cell phone holder in the
nature of carrying cases for cell phones; laptop carrying cases; cell-phone cases |
WEBPAGE URL |
None Provided |
WEBPAGE DATE OF ACCESS |
None Provided |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (014) (current) |
INTERNATIONAL CLASS |
014 |
DESCRIPTION |
Jewelry; pins; pin sets; buttons; magnets |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (014) (proposed) |
INTERNATIONAL CLASS |
014 |
TRACKED TEXT DESCRIPTION |
Jewelry; pins; pins being
jewelry; pin sets; pin sets comprised of tie pins, lapel pins; buttons;
buttons being jewelry; magnets |
FINAL DESCRIPTION |
Jewelry; pins being jewelry; pin sets comprised of tie pins, lapel pins; buttons being jewelry |
WEBPAGE URL |
None Provided |
WEBPAGE DATE OF ACCESS |
None Provided |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (016) (current) |
INTERNATIONAL CLASS |
016 |
DESCRIPTION |
Stationery items; posters; stickers; sticker sheets; signage; award cards; code cards; note papers; note cubes; mousepads; cell
phone holder; screen cleaner; office supply kits; swag bags; tissue paper; ribbons; lanyards; badges; journals; notebooks; pens, banners |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (016) (proposed) |
INTERNATIONAL CLASS |
016 |
TRACKED TEXT DESCRIPTION |
Stationery items; Stationery items, namely, pens, pencils, desk
sets, pen and pencil holders, posters, memo pads, binders, calendars, notebooks, note cards; posters; stickers; sticker
sheets; signage; signage of paper or cardboard; award cards; award cards in the nature of printed awards; code cards; code cards in the nature of
non-magnetically encoded cards of paper or plastic containing redemption codes; note papers; note cubes; note cubes cards; mousepads; office supply kits comprised of various combinations of selected office
supplies, namely, writing paper, writing utensils, organizers for stationery, erasers, staplers, staple removers, personal organizers, tape dispensers, labels, and blank note cards; cell phone holder; swag bags in the nature of paper and plastic bags; screen cleaner;
tissue paper; office supply kits; paper ribbons; swag
bags; lanyards for holding paper cards; badges of paper; ribbons;
blank journals; lanyards; notebooks; badges;
pens, banners of paper; journals; pens, banners |
FINAL DESCRIPTION |
Stationery items, namely, pens, pencils, desk sets, pen and pencil holders, posters, memo pads, binders, calendars, notebooks, note
cards; posters; stickers; sticker sheets; signage of paper or cardboard; award cards in the nature of printed awards; code cards in the nature of non-magnetically encoded cards of paper or plastic
containing redemption codes; note papers; note cubes cards; office supply kits comprised of various combinations of selected office supplies, namely, writing paper, writing utensils, organizers for
stationery, erasers, staplers, staple removers, personal organizers, tape dispensers, labels, and blank note cards; swag bags in the nature of paper and plastic bags; tissue paper; paper ribbons;
lanyards for holding paper cards; badges of paper; blank journals; notebooks; pens, banners of paper |
WEBPAGE URL |
None Provided |
WEBPAGE DATE OF ACCESS |
None Provided |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (018) (current) |
INTERNATIONAL CLASS |
018 |
DESCRIPTION |
Bags; travel bags; duffel bags; luggage; laptop cases; console bags; backpacks; cinch packs; tote bags; accessory pouches;
cell-phone cases; controller skin |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (018) (proposed) |
INTERNATIONAL CLASS |
018 |
TRACKED TEXT DESCRIPTION |
Bags; Bags in the nature of general purpose carrying
bags; travel bags; duffel bags; luggage; laptop cases; backpacks; console bags; cinch packs in the nature of drawstring bags; tote bags;
cinch packs; accessory pouches for holding personal items; accessory pouches;
cell-phone cases; controller skin |
FINAL DESCRIPTION |
Bags in the nature of general purpose carrying bags; travel bags; duffel bags; luggage; backpacks; cinch packs in the nature of
drawstring bags; tote bags; accessory pouches for holding personal items |
WEBPAGE URL |
None Provided |
WEBPAGE DATE OF ACCESS |
None Provided |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (020) (no change) |
GOODS AND/OR SERVICES SECTION (021) (current) |
INTERNATIONAL CLASS |
021 |
DESCRIPTION |
Drinkware; coasters; insulated bags; coolers; tins |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (021) (proposed) |
INTERNATIONAL CLASS |
021 |
TRACKED TEXT DESCRIPTION |
Drinkware; coasters; coasters in the
nature of drink coasters not of paper or textile; insulated bags; insulated bags for food or beverages; coolers; coolers in the nature of non-electric portable coolers; tins; tins in the nature of tins for baking |
FINAL DESCRIPTION |
Drinkware; coasters in the nature of drink coasters not of paper or textile; insulated bags for food or beverages; coolers in the
nature of non-electric portable coolers; tins in the nature of tins for baking |
WEBPAGE URL |
None Provided |
WEBPAGE DATE OF ACCESS |
None Provided |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (025) (current) |
INTERNATIONAL CLASS |
025 |
DESCRIPTION |
Clothing; headwear; footwear; clothing, namely, t-shirts, polo shirts, button-down shirts, hoodies, jackets, caps, beanies, socks,
shoes, shoe laces |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (025) (proposed) |
INTERNATIONAL CLASS |
025 |
TRACKED TEXT DESCRIPTION |
Clothing; Clothing in the nature of shirts, pants, sweatshirts,
vests, coats, sweaters, scarves, caps, hats, visors; headwear; footwear; clothing, namely, t-shirts, polo shirts,
button-down shirts, hoodies, jackets, caps, beanies, socks, shoes, shoe laces |
FINAL DESCRIPTION |
Clothing in the nature of shirts, pants, sweatshirts, vests, coats, sweaters, scarves, caps, hats, visors; headwear; footwear;
clothing, namely, t-shirts, polo shirts, button-down shirts, hoodies, jackets, caps, beanies, socks, shoes, shoe laces |
WEBPAGE URL |
None Provided |
WEBPAGE DATE OF ACCESS |
None Provided |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (028) (current) |
INTERNATIONAL CLASS |
028 |
DESCRIPTION |
Toys; board games; action figures; game controllers for computer games; gaming headsets for use in playing video games |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (028) (proposed) |
INTERNATIONAL CLASS |
028 |
TRACKED TEXT DESCRIPTION |
Toys; Toys in the nature of action figures and accessories
therefor; board games; action figures; game controllers for computer games; gaming
headsets for use in playing video games; gaming headsets adapted for use in playing video games; console bags, namely,
bags specially adapted for video game consoles; controller skins in the nature of cosmetic skins for video game controllers |
FINAL DESCRIPTION |
Toys in the nature of action figures and accessories therefor; board games; action figures; game controllers for computer games;
gaming headsets adapted for use in playing video games; console bags, namely, bags specially adapted for video game consoles; controller skins in the nature of cosmetic skins for video game
controllers |
WEBPAGE URL |
None Provided |
WEBPAGE DATE OF ACCESS |
None Provided |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (041) (current) |
INTERNATIONAL CLASS |
041 |
DESCRIPTION |
Providing information on-line relating to computer games and computer enhancements for games; entertainment services, namely,
providing an on-line computer game; providing on-line electronic publications, not downloadable; publication of electronic books and journals on-line; entertainment information |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (041) (proposed) |
INTERNATIONAL CLASS |
041 |
TRACKED TEXT DESCRIPTION |
Providing information on-line relating to computer games and computer enhancements for games; entertainment services, namely, providing an on-line computer game; providing on-line electronic publications, not downloadable; providing on-line electronic publications, not downloadable in the nature of books and magazines in the field of computer and video game software; publication of electronic books and journals on-line; providing online publication of electronic books and journals in the field of computer and
video game software; entertainment information |
FINAL DESCRIPTION |
Providing information on-line relating to computer games and computer enhancements for games; entertainment services, namely,
providing an on-line computer game; providing on-line electronic publications, not downloadable in the nature of books and magazines in the field of computer and video game software; providing online
publication of electronic books and journals in the field of computer and video game software; entertainment information |
WEBPAGE URL |
None Provided |
WEBPAGE DATE OF ACCESS |
None Provided |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (042) (current) |
INTERNATIONAL CLASS |
042 |
DESCRIPTION |
Non-downloadable computer game software; providing a web site featuring technology that enables users to create, upload, and share
user-generated videos based on computer game play |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (042) (proposed) |
INTERNATIONAL CLASS |
042 |
TRACKED TEXT DESCRIPTION |
Non-downloadable computer game software; providing temporary
use of online non-downloadable computer game software; providing a web site featuring technology that enables users to create, upload, and share user-generated videos based
on computer game play |
FINAL DESCRIPTION |
providing temporary use of online non-downloadable computer game software; providing a web site featuring technology that enables
users to create, upload, and share user-generated videos based on computer game play |
WEBPAGE URL |
None Provided |
WEBPAGE DATE OF ACCESS |
None Provided |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (003)(class added) |
INTERNATIONAL CLASS |
003 |
DESCRIPTION |
screen cleaner in the nature of glass cleaner |
WEBPAGE URL |
None Provided |
WEBPAGE DATE OF ACCESS |
None Provided |
FILING BASIS |
Section 1(b) |
CORRESPONDENCE INFORMATION (current) |
NAME |
April L. Besl |
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE |
april.besl@dinsmore.com |
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) |
DSMSTrademarks@dinsmore.com; MSDocketing@Dinsmore.com |
CORRESPONDENCE INFORMATION (proposed) |
NAME |
April L. Besl |
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE |
april.besl@dinsmore.com |
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) |
DSMSTrademarks@dinsmore.com; MSDocketing@Dinsmore.com |
PAYMENT SECTION |
PETITION TO REVIVE (INCLUDING A PETITION TO DIRECTOR USED SOLELY AS A PETITION TO REVIVE) |
150 |
APPLICATION FOR REGISTRATION PER CLASS |
350 |
NUMBER OF CLASSES |
1 |
TOTAL FEES DUE |
500 |
SIGNATURE SECTION |
PETITION SIGNATURE |
/april l besl/ |
SIGNATORY'S NAME |
April L. Besl |
SIGNATORY'S POSITION |
Attorney of Record, Ohio Bar member |
SIGNATORY'S PHONE NUMBER |
513-977-8527 |
DATE SIGNED |
03/17/2021 |
SIGNATURE METHOD |
Sent to third party for signature |
DECLARATION SIGNATURE |
/april l besl/ |
SIGNATORY'S NAME |
April L. Besl |
SIGNATORY'S POSITION |
Attorney of Record, Ohio Bar member |
SIGNATORY'S PHONE NUMBER |
513-977-8527 |
DATE SIGNED |
03/17/2021 |
SIGNATURE METHOD |
Sent to third party for signature |
RESPONSE SIGNATURE |
/april l besl/ |
SIGNATORY'S NAME |
April L. Besl |
SIGNATORY'S POSITION |
Attorney of Record, Ohio Bar member |
SIGNATORY'S PHONE NUMBER |
513-977-8527 |
DATE SIGNED |
03/17/2021 |
ROLE OF AUTHORIZED SIGNATORY |
Authorized U.S.-Licensed Attorney |
SIGNATURE METHOD |
Sent to third party for signature |
FILING INFORMATION SECTION |
SUBMIT DATE |
Wed Mar 17 16:13:47 ET 2021 |
TEAS STAMP |
USPTO/POA-XX.XXX.XX.XX-20
210317161347503497-900234
89-77079d48767d036cb640d1
e1ca40a58ac9181f53c4a4d20
16e94a81a2bfaa745d-CC-134
40010-2021031715440606551
6 |
PTO- 2194 |
Approved for use through 03/31/2024. OMB 0651-0054 |
U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE
Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number |
Petition To Revive Abandoned Application - Failure To Respond Timely To Office Action
To the Commissioner for Trademarks:
Application serial no.
90023489 FABLE(Standard Characters, see http://uspto.report/TM/90023489/mark.png) has been amended as follows:
PETITION
Petition Statement
Applicant has firsthand knowledge that the failure to respond to the Office Action by the specified deadline was unintentional, and requests the USPTO to revive the abandoned application.
RESPONSE
TO OFFICE ACTION
EVIDENCE
Evidence has been attached: Applicant's Office Action response and accompanying exhibits.
Original PDF file:
evi_661926434-20210317154
406065516_._OA_Response_- _Likelihood_of_Confusion_ -_FABLE.pdf
Converted PDF file(s) ( 8 pages)
Evidence-1Evidence-2Evidence-3Evidence-4Evidence-5Evidence-6Evidence-7Evidence-8
Original PDF file:
evi_1-661926434-202103171 54406065516_._Exhibit_A.pdf
Converted PDF file(s) ( 5 pages)
Evidence-1Evidence-2Evidence-3Evidence-4Evidence-5
Original PDF file:
evi_1-661926434-202103171 54406065516_._Exhibit_B_-
_BAFTA.pdf
Converted PDF file(s) ( 2 pages)
Evidence-1Evidence-2
Original PDF file:
evi_661926434-20210317154 406065516_._Exhibit_C_-_X
PLAY_GOTY.pdf
Converted PDF file(s) ( 3 pages)
Evidence-1Evidence-2Evidence-3
Original PDF file:
evi_661926434-20210317154
406065516_._Exhibit_D_-_G amespot_Game_of_the_Show.pdf
Converted PDF file(s) ( 2 pages)
Evidence-1Evidence-2
Original PDF file:
evi_661926434-20210317154 406065516_._Exhibit_E.pdf
Converted PDF file(s) ( 76 pages)
Evidence-1Evidence-2Evidence-3Evidence-4Evidence-5Evidence-6Evidence-7Evidence-8Evidence-9Evidence-10Evidence-11Evidence-12Evidence-13Evidence-14Evidence-15Evidence-16Evidence-17Evidence-18Evidence-19Evidence-20Evidence-21Evidence-22Evidence-23Evidence-24Evidence-25Evidence-26Evidence-27Evidence-28Evidence-29Evidence-30Evidence-31Evidence-32Evidence-33Evidence-34Evidence-35Evidence-36Evidence-37Evidence-38Evidence-39Evidence-40Evidence-41Evidence-42Evidence-43Evidence-44Evidence-45Evidence-46Evidence-47Evidence-48Evidence-49Evidence-50Evidence-51Evidence-52Evidence-53Evidence-54Evidence-55Evidence-56Evidence-57Evidence-58Evidence-59Evidence-60Evidence-61Evidence-62Evidence-63Evidence-64Evidence-65Evidence-66Evidence-67Evidence-68Evidence-69Evidence-70Evidence-71Evidence-72Evidence-73Evidence-74Evidence-75Evidence-76
Original PDF file:
evi_661926434-20210317154
406065516_._Exhibit_F_-_C ambridge_Dictionary.pdf
Converted PDF file(s) ( 8 pages)
Evidence-1Evidence-2Evidence-3Evidence-4Evidence-5Evidence-6Evidence-7Evidence-8
Original PDF file:
evi_661926434-20210317154 406065516_._Exhibit_G_-_F
able_Storyline.pdf
Converted PDF file(s) ( 4 pages)
Evidence-1Evidence-2Evidence-3Evidence-4
Original PDF file:
evi_661926434-20210317154 406065516_._Exhibit_H_-_J
ewelcity_FABLE.pdf
Converted PDF file(s) ( 5 pages)
Evidence-1Evidence-2Evidence-3Evidence-4Evidence-5
CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following:
Current:
Class 009 for USB drives; cell-phone charging solutions; cellphone chargers; portable speakers; earbuds; headphones; cables
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: USB drives;
Blank USB flash drives;
cell-phone charging
solutions;
cell-phone charging solutions in the nature of battery chargers;
cellphone chargers;
cellphone chargers in the nature of chargers for smartphones;
portable speakers;
portable audio
speakers;
earbuds;
headphones;
cables;
cables in the nature of
electrical cables;
magnets in the nature of refrigerator magnets;
mousepads;
cell
phone holder in the nature of carrying cases for cell phones;
laptop carrying cases;
cell-phone casesClass 009 for
Blank USB flash drives; cell-phone charging solutions in the nature of battery chargers; cellphone chargers in the nature of chargers for smartphones; portable audio speakers; earbuds; headphones;
cables in the nature of electrical cables; magnets in the nature of refrigerator magnets; mousepads; cell phone holder in the nature of carrying cases for cell phones; laptop carrying cases;
cell-phone cases
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.
Webpage URL: None Provided
Webpage Date of Access: None Provided
Applicant proposes to amend the following:
Current:
Class 014 for Jewelry; pins; pin sets; buttons; magnets
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: Jewelry;
pins;
pins being jewelry;
pin sets;
pin sets comprised of tie pins, lapel pins;
buttons;
buttons being
jewelry;
magnetsClass 014 for Jewelry; pins being jewelry; pin sets comprised of tie pins, lapel pins; buttons being jewelry
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.
Webpage URL: None Provided
Webpage Date of Access: None Provided
Applicant proposes to amend the following:
Current:
Class 016 for Stationery items; posters; stickers; sticker sheets; signage; award cards; code cards; note papers; note cubes; mousepads; cell phone holder; screen cleaner; office supply kits; swag
bags; tissue paper; ribbons; lanyards; badges; journals; notebooks; pens, banners
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: Stationery items;
Stationery items, namely, pens, pencils, desk sets, pen and pencil holders,
posters, memo pads, binders, calendars, notebooks, note cards;
posters;
stickers;
sticker sheets;
signage;
signage of paper or cardboard;
award cards;
award
cards in the nature of printed awards;
code cards;
code cards in the nature of non-magnetically encoded cards of paper or
plastic containing redemption codes;
note papers;
note cubes;
note cubes cards;
mousepads;
office supply kits comprised of various combinations of selected office supplies, namely, writing paper, writing
utensils, organizers for stationery, erasers, staplers, staple removers, personal organizers, tape dispensers, labels, and blank note cards;
cell phone
holder;
swag bags in the nature of paper and plastic bags;
screen cleaner;
tissue paper;
office supply kits;
paper ribbons;
swag bags;
lanyards for holding paper cards;
badges of paper;
ribbons;
blank
journals;
lanyards;
notebooks;
badges;
pens, banners of
paper;
journals;
pens, bannersClass 016 for Stationery items, namely, pens, pencils, desk sets, pen and pencil
holders, posters, memo pads, binders, calendars, notebooks, note cards; posters; stickers; sticker sheets; signage of paper or cardboard; award cards in the nature of printed awards; code cards in
the nature of non-magnetically encoded cards of paper or plastic containing redemption codes; note papers; note cubes cards; office supply kits comprised of various combinations of selected office
supplies, namely, writing paper, writing utensils, organizers for stationery, erasers, staplers, staple removers, personal organizers, tape dispensers, labels, and blank note cards; swag bags in the
nature of paper and plastic bags; tissue paper; paper ribbons; lanyards for holding paper cards; badges of paper; blank journals; notebooks; pens, banners of paper
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.
Webpage URL: None Provided
Webpage Date of Access: None Provided
Applicant proposes to amend the following:
Current:
Class 018 for Bags; travel bags; duffel bags; luggage; laptop cases; console bags; backpacks; cinch packs; tote bags; accessory pouches; cell-phone cases; controller skin
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: Bags;
Bags in the nature of general purpose carrying bags;
travel
bags;
duffel bags;
luggage;
laptop cases;
backpacks;
console bags;
cinch packs in the nature of drawstring bags;
tote bags;
cinch
packs;
accessory pouches for holding personal items;
accessory pouches;
cell-phone
cases;
controller skinClass 018 for Bags in the nature of general purpose carrying bags; travel bags; duffel bags; luggage; backpacks; cinch packs in the
nature of drawstring bags; tote bags; accessory pouches for holding personal items
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.
Webpage URL: None Provided
Webpage Date of Access: None Provided
Applicant proposes to amend the following:
Current:
Class 021 for Drinkware; coasters; insulated bags; coolers; tins
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: Drinkware;
coasters;
coasters in the nature of drink coasters not of
paper or textile;
insulated bags;
insulated bags for food or beverages;
coolers;
coolers in the nature of non-electric portable coolers;
tins;
tins in the nature of tins for bakingClass 021 for Drinkware; coasters in the nature of drink coasters not of paper or textile; insulated bags for food or beverages; coolers in the
nature of non-electric portable coolers; tins in the nature of tins for baking
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.
Webpage URL: None Provided
Webpage Date of Access: None Provided
Applicant proposes to amend the following:
Current:
Class 025 for Clothing; headwear; footwear; clothing, namely, t-shirts, polo shirts, button-down shirts, hoodies, jackets, caps, beanies, socks, shoes, shoe laces
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: Clothing;
Clothing in the nature of shirts, pants, sweatshirts, vests, coats, sweaters, scarves,
caps, hats, visors;
headwear;
footwear;
clothing, namely, t-shirts, polo shirts, button-down shirts, hoodies, jackets,
caps, beanies, socks, shoes, shoe lacesClass 025 for Clothing in the nature of shirts, pants, sweatshirts, vests, coats, sweaters, scarves, caps, hats, visors; headwear; footwear; clothing,
namely, t-shirts, polo shirts, button-down shirts, hoodies, jackets, caps, beanies, socks, shoes, shoe laces
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.
Webpage URL: None Provided
Webpage Date of Access: None Provided
Applicant proposes to amend the following:
Current:
Class 028 for Toys; board games; action figures; game controllers for computer games; gaming headsets for use in playing video games
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;
Toys in the nature of action figures and accessories therefor;
board games;
action figures;
game controllers for computer games;
gaming headsets for use in playing
video games;
gaming headsets adapted for use in playing video games;
console bags, namely, bags specially adapted for
video game consoles;
controller skins in the nature of cosmetic skins for video game controllersClass 028 for Toys in the nature of action figures and
accessories therefor; board games; action figures; game controllers for computer games; gaming headsets adapted for use in playing video games; console bags, namely, bags specially adapted for video
game consoles; controller skins in the nature of cosmetic skins for video game controllers
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.
Webpage URL: None Provided
Webpage Date of Access: None Provided
Applicant proposes to amend the following:
Current:
Class 041 for Providing information on-line relating to computer games and computer enhancements for games; entertainment services, namely, providing an on-line computer game; providing on-line
electronic publications, not downloadable; publication of electronic books and journals on-line; entertainment information
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: Providing information on-line relating to computer games and computer enhancements for games;
entertainment services,
namely, providing an on-line computer game;
providing on-line electronic publications, not downloadable;
providing
on-line electronic publications, not downloadable in the nature of books and magazines in the field of computer and video game software;
publication of
electronic books and journals on-line;
providing online publication of electronic books and journals in the field of computer and video game software;
entertainment informationClass 041 for Providing information on-line relating to computer games and computer enhancements for games; entertainment services, namely,
providing an on-line computer game; providing on-line electronic publications, not downloadable in the nature of books and magazines in the field of computer and video game software; providing online
publication of electronic books and journals in the field of computer and video game software; entertainment information
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.
Webpage URL: None Provided
Webpage Date of Access: None Provided
Applicant proposes to amend the following:
Current:
Class 042 for Non-downloadable computer game software; providing a web site featuring technology that enables users to create, upload, and share user-generated videos based on computer game play
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: Non-downloadable computer game software;
providing temporary use of online non-downloadable
computer game software;
providing a web site featuring technology that enables users to create, upload, and share user-generated videos based on computer game
playClass 042 for providing temporary use of online non-downloadable computer game software; providing a web site featuring technology that enables users to create, upload, and share
user-generated videos based on computer game play
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.
Webpage URL: None Provided
Webpage Date of Access: None Provided
Applicant hereby adds the following class of goods/services to the application:
New: Class 003 for screen cleaner in the nature of glass cleaner
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.
Webpage URL: None Provided
Webpage Date of Access: None Provided
Correspondence Information (current):
April L. Besl
PRIMARY EMAIL FOR CORRESPONDENCE: april.besl@dinsmore.com
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): DSMSTrademarks@dinsmore.com; MSDocketing@Dinsmore.com
Correspondence Information (proposed):
April L. Besl
PRIMARY EMAIL FOR CORRESPONDENCE: april.besl@dinsmore.com
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): DSMSTrademarks@dinsmore.com; MSDocketing@Dinsmore.com
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).
FEE(S)
Fee(s) in the amount of $500 is being submitted.
SIGNATURE(S)
Signature: /april l besl/ Date: 03/17/2021
Signatory's Name: April L. Besl
Signatory's Position: Attorney of Record, Ohio Bar member
Signatory's Phone Number: 513-977-8527
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: /april l besl/ Date: 03/17/2021
Signatory's Name: April L. Besl
Signatory's Position: Attorney of Record, Ohio Bar member
Signatory's Phone Number: 513-977-8527
Signature method: Sent to third party for signature
Response Signature
Signature: /april l besl/ Date: 03/17/2021
Signatory's Name: April L. Besl
Signatory's Position: Attorney of Record, Ohio Bar member
Signatory's Phone Number: 513-977-8527 Signature method: Sent to third party for signature
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: April L. Besl
Dinsmore & Shohl LLP
255 East Fifth Street Suite 1900
255 East Fifth Street Suite 1900
Cincinnati, Ohio 45202
Mailing Address: April L. Besl
Dinsmore & Shohl LLP
255 East Fifth Street Suite 1900
255 East Fifth Street Suite 1900
Cincinnati, Ohio 45202
PAYMENT: 90023489
PAYMENT DATE: 03/17/2021
Serial Number: 90023489
Internet Transmission Date: Wed Mar 17 16:13:47 ET 2021
TEAS Stamp: USPTO/POA-XX.XXX.XX.XX-20210317161347503
497-90023489-77079d48767d036cb640d1e1ca4
0a58ac9181f53c4a4d2016e94a81a2bfaa745d-C
C-13440010-20210317154406065516