Response to Office Action

TRIUMPH

N3twork Inc.

Response to Office Action

PTO- 1957
Approved for use through 11/30/2023. OMB 0651-0050
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

Response to Office Action


The table below presents the data as entered.

Input Field
Entered
SERIAL NUMBER 90039689
LAW OFFICE ASSIGNED LAW OFFICE 101
MARK SECTION
MARK mark
LITERAL ELEMENT TRIUMPH
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.
ARGUMENT(S)
Serial No. 87850544 is now abandoned and no longer a conflict to the Application. Applicant respectfully requests that the Examiner suspend further review of the Application pending the disposition of Serial No. 85500234, and reserves the right to present arguments when Serial No. 85500234 registers or goes abandoned.
GOODS AND/OR SERVICES SECTION (current)
INTERNATIONAL CLASS 041
DESCRIPTION
Providing online non-downloadable game software; Providing online games; Entertainment services, namely, providing online games
FILING BASIS Section 1(b)
GOODS AND/OR SERVICES SECTION (proposed)
INTERNATIONAL CLASS 041
TRACKED TEXT DESCRIPTION
Providing online non-downloadable game software; Providing online games; Providing online non-downloadable video games; Entertainment services, namely, providing online games; Entertainment services, namely, providing online computer games
FINAL DESCRIPTION
Providing online non-downloadable game software; Providing online non-downloadable video games; Entertainment services, namely, providing online computer games
        WEBPAGE URL None Provided
        WEBPAGE DATE OF ACCESS None Provided
FILING BASIS Section 1(b)
CORRESPONDENCE INFORMATION (current)
NAME KAREN A. WEBB
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE Trademarks@fenwick.com
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) sophia.brady@fenwick.com
DOCKET/REFERENCE NUMBER 30053-00070
CORRESPONDENCE INFORMATION (proposed)
NAME Karen A. Webb
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE Trademarks@fenwick.com
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) sophia.brady@fenwick.com
DOCKET/REFERENCE NUMBER 30053-00070
SIGNATURE SECTION
RESPONSE SIGNATURE /kaw/
SIGNATORY'S NAME Karen Webb
SIGNATORY'S POSITION Attorney of record, California bar member
DATE SIGNED 04/14/2021
ROLE OF AUTHORIZED SIGNATORY Authorized U.S.-Licensed Attorney
SIGNATURE METHOD Sent to third party for signature
FILING INFORMATION SECTION
SUBMIT DATE Wed Apr 14 22:46:18 ET 2021
TEAS STAMP USPTO/ROA-X.XX.XXX.XXX-20
210414224618349567-900396
89-77026d56f49f38afe85126
da13cb68c6c19b226825790ff
ab5ab7eaf8bf37c0b9-N/A-N/
A-20210414131132218860



PTO- 1957
Approved for use through 11/30/2023. OMB 0651-0050
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

Response to Office Action


To the Commissioner for Trademarks:

Application serial no. 90039689 TRIUMPH(Standard Characters, see http://uspto.report/TM/90039689/mark.png) has been amended as follows:

ARGUMENT(S)
In response to the substantive refusal(s), please note the following:

Serial No. 87850544 is now abandoned and no longer a conflict to the Application. Applicant respectfully requests that the Examiner suspend further review of the Application pending the disposition of Serial No. 85500234, and reserves the right to present arguments when Serial No. 85500234 registers or goes abandoned.

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 041 for Providing online non-downloadable game software; Providing online games; Entertainment services, namely, providing online 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: Providing online non-downloadable game software; Providing online games; Providing online non-downloadable video games; Entertainment services, namely, providing online games; Entertainment services, namely, providing online computer gamesClass 041 for Providing online non-downloadable game software; Providing online non-downloadable video games; Entertainment services, namely, providing online computer 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.

Webpage URL: None Provided
Webpage Date of Access: None Provided

Correspondence Information (current):
      KAREN A. WEBB
      PRIMARY EMAIL FOR CORRESPONDENCE: Trademarks@fenwick.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): sophia.brady@fenwick.com

The docket/reference number is 30053-00070.
Correspondence Information (proposed):
      Karen A. Webb
      PRIMARY EMAIL FOR CORRESPONDENCE: Trademarks@fenwick.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): sophia.brady@fenwick.com

The docket/reference number is 30053-00070.

Requirement for Email and Electronic Filing: I understand that a valid email address must be maintained by the owner/holder and the owner's/holder's attorney, if appointed, and that all official trademark correspondence must be submitted via the Trademark Electronic Application System (TEAS).

SIGNATURE(S)
Response Signature
Signature: /kaw/     Date: 04/14/2021
Signatory's Name: Karen Webb
Signatory's Position: Attorney of record, California bar member
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:    KAREN A. WEBB
   
   
   801 CALIFORNIA ST.
   MOUNTAIN VIEW, California 94041-1990
Mailing Address:    Karen A. Webb
   801 CALIFORNIA ST.
   MOUNTAIN VIEW, California 94041-1990
        
Serial Number: 90039689
Internet Transmission Date: Wed Apr 14 22:46:18 ET 2021
TEAS Stamp: USPTO/ROA-X.XX.XXX.XXX-20210414224618349
567-90039689-77026d56f49f38afe85126da13c
b68c6c19b226825790ffab5ab7eaf8bf37c0b9-N
/A-N/A-20210414131132218860



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