Response to Office Action

THATSKYSHOP

thatgamecompany, 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 90175015
LAW OFFICE ASSIGNED LAW OFFICE 105
MARK SECTION
MARK mark
LITERAL ELEMENT THATSKYSHOP
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.
GOODS AND/OR SERVICES SECTION (009) (no change)
GOODS AND/OR SERVICES SECTION (035) (current)
INTERNATIONAL CLASS 035
DESCRIPTION
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, stationery, 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, stationery, 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)
GOODS AND/OR SERVICES SECTION (035) (proposed)
INTERNATIONAL CLASS 035
TRACKED TEXT DESCRIPTION
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, stationery, skin care, make up, homeware and figurines associated with electronic games or virtual communities; online retail store services featuring ornamental pins, near field communication (NFC) enabled pins, jewelry pins, physical and virtual merchandise and memorabilia being clothing, plushies, accessories, apparel, stationery, 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, stationery, 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
FINAL DESCRIPTION
online retail store services featuring ornamental pins, near field communication (NFC) enabled pins, jewelry pins, physical and virtual merchandise and memorabilia being clothing, plushies, accessories, apparel, stationery, 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, stationery, 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
        WEBPAGE URL None Provided
        WEBPAGE DATE OF ACCESS None Provided
FILING BASIS Section 1(b)
CORRESPONDENCE INFORMATION (current)
NAME Timothy J. Maier
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE trademark@maierandmaier.com
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) NOT PROVIDED
DOCKET/REFERENCE NUMBER 14320001TM
CORRESPONDENCE INFORMATION (proposed)
NAME Timothy J. Maier
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE trademark@maierandmaier.com
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) NOT PROVIDED
DOCKET/REFERENCE NUMBER 14320001TM
SIGNATURE SECTION
RESPONSE SIGNATURE /Timothy J Maier/
SIGNATORY'S NAME Timothy J. Maier
SIGNATORY'S POSITION Attorney of Record, VA bar member
SIGNATORY'S PHONE NUMBER 7037408322
DATE SIGNED 10/25/2021
ROLE OF AUTHORIZED SIGNATORY Authorized U.S.-Licensed Attorney
SIGNATURE METHOD Sent to third party for signature
FILING INFORMATION SECTION
SUBMIT DATE Tue Oct 26 08:53:02 ET 2021
TEAS STAMP USPTO/ROA-XX.XXX.XXX.XX-2
0211026085302589282-90175
015-781949fa7dfc4634ccd15
3a495ee43041bc3349e33a1af
ccf5a4ce6f6872b02-N/A-N/A
-20211025100912330920



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 proposes to amend the following:

Current:
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, stationery, 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, stationery, 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.


Proposed:

Tracked Text Description: 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, stationery, skin care, make up, homeware and figurines associated with electronic games or virtual communities; online retail store services featuring ornamental pins, near field communication (NFC) enabled pins, jewelry pins, physical and virtual merchandise and memorabilia being clothing, plushies, accessories, apparel, stationery, 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, stationery, 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 charactersClass 035 for online retail store services featuring ornamental pins, near field communication (NFC) enabled pins, jewelry pins, physical and virtual merchandise and memorabilia being clothing, plushies, accessories, apparel, stationery, 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, stationery, 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

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).

SIGNATURE(S)
Response Signature
Signature: /Timothy J Maier/     Date: 10/25/2021
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
        
Serial Number: 90175015
Internet Transmission Date: Tue Oct 26 08:53:02 ET 2021
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XX-2021102608530258
9282-90175015-781949fa7dfc4634ccd153a495
ee43041bc3349e33a1afccf5a4ce6f6872b02-N/
A-N/A-20211025100912330920



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