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

---

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. 90175015 THATSKYSHOP(Standard Characters, see http://uspto.report/TM/90175015/mark.png) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant hereby deletes the following class of goods/services from the application.
Class 014 for NFC enabled pins; pins; ornamental pins; jewelry pins; online retail services featuring ornamental pins, NFC enabled pins, jewelry pins, physical and virtual merchandise and memorabilia associated with electronic games or virtual communities; on-line retail store services featuring physical and virtual merchandise for use by members of an online community in connection with a designated website or software application featuring fictional characters

Applicant hereby adds the following class of goods/services to the application:
New: Class 009 (Original Class: 014 ) for near field communication (NFC) pins for use with gaming software, namely, detecting and reporting interactions to gaming software
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 035 for online retail services featuring ornamental pins, near field communication (NFC) enabled pins, jewelry pins, physical and virtual merchandise and memorabilia being clothing, plushies, accessories, apparel, stationary, skin care, make up, homeware and figurines associated with electronic games or virtual communities; on-line retail store services featuring physical and virtual merchandise being clothing, plushies, accessories, apparel, stationary, skin care, make up, homeware and figurines for use by members of an online community in connection with a designated website or software application featuring fictional characters
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


OWNER AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: ThatMemory LLC, a limited liability company legally organized under the laws of Delaware, having an address of
      15600 NE 8th Street Ste. B1#796
      Bellevue, Washington 98008
      United States
      Email Address: XXXX

Proposed: ThatMemory LLC, a limited liability company legally organized under the laws of Delaware, having an address of
      15600 NE 8th Street Ste. B1#796
      Bellevue, Washington 98008
      United States
      Email Address: XXXX

Applicant proposes to amend the following:
Current: thatgamecompany, Inc., a corporation of Delaware, having an address of
      1520 Cloverfield Blvd #D
      Santa Monica, California 90404
      United States
      Email Address: XXXX

Proposed: thatgamecompany, Inc., a corporation of Delaware, having an address of
      1450 2nd Street #315
      Santa Monica, California 90401
      United States
      Email Address: XXXX
Correspondence Information (current):
      Timothy J. Maier
      PRIMARY EMAIL FOR CORRESPONDENCE: trademark@maierandmaier.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

The docket/reference number is 14320001TM.
Correspondence Information (proposed):
      Timothy J. Maier
      PRIMARY EMAIL FOR CORRESPONDENCE: trademark@maierandmaier.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

The docket/reference number is 14320001TM.

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 $350 is being submitted.

SIGNATURE(S)
Declaration Signature

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

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

STATEMENTS FOR UNSIGNED SECTION 1(b)/SECTION 44 APPLICATION AND FOR SECTION 66(a) COLLECTIVE/CERTIFICATION MARK APPLICATION: If the applicant filed an unsigned application under 15 U.S.C. §§ 1051(b), 1126(d), and/or 1126(e), or filed a collective/certification mark application under 15 U.S.C. §1141f(a), the signatory additionally believes that: for a trademark or service mark application, the applicant is entitled to use the mark in commerce on or in connection with the goods/services specified in the application; the applicant has a bona fide intention to use the mark in commerce and had a bona fide intention to use the mark in commerce as of the application filing date; for a collective trademark, collective service mark, collective membership mark, or certification mark application, the applicant has a bona fide intention, and is entitled, to exercise legitimate control over the use of the mark in commerce and had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce as of the application filing date; the signatory is properly authorized to execute the declaration on behalf of the applicant; for a certification mark application, the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant. To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services/collective membership organization of such other persons, to cause confusion or mistake, or to deceive.

Signature: /Timothy J Maier/      Date: 04/16/2021
Signatory's Name: Timothy J. Maier
Signatory's Position: Attorney of Record, VA bar member
Signatory's Phone Number: 7037408322

Signature method: Sent to third party for signature

Response Signature
Signature: /Timothy J. Maier/     Date: 04/16/2021
Signatory's Name: Timothy J. Maier
Signatory's Position: Attorney of Record, VA bar member

Signatory's Phone Number: 7037408322 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:    Timothy J. Maier
   MAIER & MAIER, PLLC
   
   345 SOUTH PATRICK ST.
   ALEXANDRIA, Virginia 22314
Mailing Address:    Timothy J. Maier
   MAIER & MAIER, PLLC
   345 SOUTH PATRICK ST.
   ALEXANDRIA, Virginia 22314
        
PAYMENT: 90175015
PAYMENT DATE: 04/16/2021
        
Serial Number: 90175015
Internet Transmission Date: Fri Apr 16 13:39:01 ET 2021
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XX-2021041613390185
7006-90175015-770d13c84c75e5a0f2bdfc232d
6a88a1dd42992d1311b66a2c8154ff34d965ce9-
CC-38591191-20210416093715325223