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

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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. 90121088 MIDNIGHT EXPRESS(Standard Characters, see http://uspto.report/TM/90121088/mark.png) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 041 for Entertainment services, namely, providing professional wrestling and sports exhibitions, shows, and performances by professional manager, wrestlers, promoter, and entertainers rendered live and through live and recorded broadcast media, namely, television, radio, via the internet, and commercial online services; Providing wrestling and sports interviews, news, entertainment, and information in the fields of wrestling and sports rendered live and through live and recorded broadcast media, namely, television, radio, via the internet, and commercial online services
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 01/01/1984 and first used in commerce at least as early as 01/01/1984 , and is now in use in such commerce.


Proposed:

Tracked Text Description: Entertainment services, namely, providing professional wrestling and sports exhibitions, shows, and performances by professional manager, wrestlers, promoter, and entertainers rendered live and through live and recorded broadcast media, namely, television, radio, via the internet, and commercial online services; Entertainment services, namely, providing professional wrestling and sports exhibitions, shows, and performances by professional manager, wrestlers, promoter, and entertainers rendered live and through live and recorded broadcast media, particularly, television, radio, and via the internet; Providing wrestling and sports interviews, news, entertainment, and information in the fields of wrestling and sports rendered live and through live and recorded broadcast media, namely, television, radio, via the internet, and commercial online services; Providing wrestling and sports interviews, news, entertainment, and information in the fields of wrestling and sports rendered live and through live and recorded broadcast media, namely, television, radio, via the internetClass 041 for Entertainment services, namely, providing professional wrestling and sports exhibitions, shows, and performances by professional manager, wrestlers, promoter, and entertainers rendered live and through live and recorded broadcast media, particularly, television, radio, and via the internet; Providing wrestling and sports interviews, news, entertainment, and information in the fields of wrestling and sports rendered live and through live and recorded broadcast media, namely, television, radio, via the internet
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 01/01/1984 and first used in commerce at least as early as 01/01/1984 , and is now in use in such commerce.
Applicant hereby submits one(or more) specimen(s) for Class 041. The specimen(s) submitted consists of Photos of Applicant's scrapbook log showing gate receipts of $60,000 for wrestling match. Screen shot of applicants on the cover of wrestling news magazines. Photo of Wrestling DVD with Applicant's on the cover. Screen Shot of YouTube Video Link of Applicant's Wrestling Match accessed and available at http://www.youtube.com/watch v=dADKNKdksUY Screen Shot Taken 06/17/2021 Screen Shot of Applicant's Wrestling Scrapbook of  wrestling information and news  accessed and available at http://www.worthpoint.com/worthopedia/midnight-express-jim-cornette-25th-1734332581 Screen shot taken 06/17/2021.
"The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing date of the application"[for an application based on Section 1(a), Use in Commerce] OR "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce prior either to the filing of the Amendment to Allege Use or expiration of the filing deadline for filing a Statement of Use" [for an application based on Section 1(b) Intent-to-Use]. OR "The attached specimen is a true copy of the specimen that was originally submitted with the application, amendment to allege use, or statement of use" [for an illegible specimen].
JPG file(s):Specimen File1
Original PDF file:
SPU0-184891152-2021061710 3751645752_._GateReceiptN umbersMX.pdf
Converted PDF file(s) ( 1 page) Specimen File1
Original PDF file:
SPU0-184891152-2021061710 3751645752_._MagazineCove rsMX.pdf
Converted PDF file(s) ( 1 page) Specimen File1
Original PDF file:
SPU0-184891152-2021061710 3751645752_._Match.pdf
Converted PDF file(s) ( 1 page) Specimen File1
Original PDF file:
SPU0-184891152-2021061710 3751645752_._Scrapbook.pdf
Converted PDF file(s) ( 1 page) Specimen File1


Webpage URL: Photos of Applicant's scrapbook log showing gate receipts of $60,000 for wrestling match. Screen shot of applicants on the cover of wrestling news magazines. Photo of Wrestling DVD with Applicant's on the cover. Screen Shot of YouTube Video Link of Applicant's Wrestling Match accessed and available at http://www.youtube.com/watch?v=dADKNKdksUY Screen Shot Taken 06/17/2021 Screen Shot of Applicant's Wrestling Scrapbook of  wrestling information and news  accessed and available at http://www.worthpoint.com/worthopedia/midnight-express-jim-cornette-25th-1734332581 Screen shot taken 06/17/2021
Webpage Date of Access: 06/17/2021
Correspondence Information (current):
      DUSTY GWINN
      PRIMARY EMAIL FOR CORRESPONDENCE: DustyGwinn@gmail.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): AkersGwinn@gmail.com; robertakerslaw@gmail.com

The docket/reference number is MExp1.
Correspondence Information (proposed):
      Dusty Gwinn
      PRIMARY EMAIL FOR CORRESPONDENCE: DustyGwinn@gmail.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): AkersGwinn@gmail.com; robertakerslaw@gmail.com

The docket/reference number is MExp1.

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)
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: /DUSTY GWINN/      Date: 06/17/2021
Signatory's Name: DUSTY GWINN
Signatory's Position: Attorney of Record, West Virginia Staet Bar Member
Signatory's Phone Number: 3046854507

Signature method: Signed directly within the form

Response Signature
Signature: /DUSTY GWINN/     Date: 06/17/2021
Signatory's Name: DUSTY GWINN
Signatory's Position: Attorney of Record, West Virginia State Bar Member

Signatory's Phone Number: 3046854507 Signature method: Signed directly within the form

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:    DUSTY GWINN
   AKERS GWINN, LLC
   
   9 AUTUMN OAKS CIRCLE
   BECKLEY, West Virginia 25801
Mailing Address:    Dusty Gwinn
   AKERS GWINN, LLC
   9 AUTUMN OAKS CIRCLE
   BECKLEY, West Virginia 25801
        
Serial Number: 90121088
Internet Transmission Date: Thu Jun 17 11:15:12 ET 2021
TEAS Stamp: USPTO/ROA-XXX.X.XX.XXX-20210617111512794
796-90121088-78013ef5a8f3a45818f4690b7fa
6a9010441dcc78c320b828fa69ca2ec71499caa6
-N/A-N/A-20210617103751645752