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 |
90260164 |
LAW OFFICE ASSIGNED |
LAW OFFICE 101 |
MARK SECTION |
MARK |
mark |
LITERAL ELEMENT |
AVOWED |
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) (current) |
INTERNATIONAL CLASS |
009 |
DESCRIPTION |
Software; computer programs, namely, game software for use on computers and video game players |
FILING BASIS |
Section 1(b) |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
LS/M/2020/00133 |
FOREIGN APPLICATION COUNTRY/REGION/JURISDICTION/U.S. TERRITORY |
Lesotho |
FOREIGN FILING DATE |
05/22/2020 |
GOODS AND/OR SERVICES SECTION (009) (proposed) |
INTERNATIONAL CLASS |
009 |
TRACKED TEXT DESCRIPTION |
Software; Recorded and downloadable computer and video game
software; computer programs, namely, game software for use on computers and video game players; recorded and downloadable
computer programs, namely, game software for use on computers and video game players |
FINAL DESCRIPTION |
Recorded and downloadable computer and video game software; recorded and downloadable computer programs, namely, game software for use
on computers and video game players |
WEBPAGE URL |
None Provided |
WEBPAGE DATE OF ACCESS |
None Provided |
FILING BASIS |
Section 1(b) |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
LS/M/2020/00133 |
FOREIGN APPLICATION COUNTRY/REGION/JURISDICTION/U.S. TERRITORY |
Lesotho |
FOREIGN FILING DATE |
05/22/2020 |
INTENT TO
PERFECT 44(d)
|
At this time, the applicant has another basis for registration (Section 1(a) or Section 1(b)) and does NOT intend to rely on Section 44(e) as the
basis for registration, but is only asserting a valid claim of priority. |
GOODS AND/OR SERVICES SECTION (041) (current) |
INTERNATIONAL CLASS |
041 |
DESCRIPTION |
Entertainment; providing a website featuring information in the field of computer games, games, and home entertainment; providing
information on-line relating to computer games and computer enhancements for games; entertainment services, namely, providing on-line computer games |
FILING BASIS |
Section 1(b) |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
LS/M/2020/00133 |
FOREIGN APPLICATION COUNTRY/REGION/JURISDICTION/U.S. TERRITORY |
Lesotho |
FOREIGN FILING DATE |
05/22/2020 |
GOODS AND/OR SERVICES SECTION (041) (proposed) |
INTERNATIONAL CLASS |
041 |
TRACKED TEXT DESCRIPTION |
Entertainment; Entertainment services, namely, providing temporary
use of non-downloadable game software, providing online non-downloadable visual and audio recordings in the field of computer and video games, providing a website featuring non-downloadable news,
information, tips, hints, contests, computer interface themes, enhancements in the nature of loot boxes for use within an online computer and video game service, additional features for an online
computer and video game service, and additional content for an online computer and video game service, audio-visual content, music, videos, and other multimedia materials, all in the field of
computer games and video games; providing a website featuring information in the field of computer games, games, and home entertainment; providing
information on-line relating to computer games and computer enhancements for games; entertainment services, namely, providing on-line computer games |
FINAL DESCRIPTION |
Entertainment services, namely, providing temporary use of non-downloadable game software, providing online non-downloadable visual and
audio recordings in the field of computer and video games, providing a website featuring non-downloadable news, information, tips, hints, contests, computer interface themes, enhancements in the
nature of loot boxes for use within an online computer and video game service, additional features for an online computer and video game service, and additional content for an online computer and
video game service, audio-visual content, music, videos, and other multimedia materials, all in the field of computer games and video games; providing a website featuring information in the field of
computer games, games, and home entertainment; providing information on-line relating to computer games and computer enhancements for games; entertainment services, namely, providing on-line computer
games |
WEBPAGE URL |
None Provided |
WEBPAGE DATE OF ACCESS |
None Provided |
FILING BASIS |
Section 1(b) |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
LS/M/2020/00133 |
FOREIGN APPLICATION COUNTRY/REGION/JURISDICTION/U.S. TERRITORY |
Lesotho |
FOREIGN FILING DATE |
05/22/2020 |
INTENT TO
PERFECT 44(d)
|
At this time, the applicant has another basis for registration (Section 1(a) or Section 1(b)) and does NOT intend to rely on Section 44(e) as the
basis for registration, but is only asserting a valid claim of priority. |
CORRESPONDENCE INFORMATION (current) |
NAME |
APRIL BESL |
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE |
april.besl@dinsmore.com |
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) |
erick.rivera@dinsmore.com; DSMSTrademarks@Dinsmore.com; Luke.Curran@DINSMORE.COM |
DOCKET/REFERENCE NUMBER |
128291-4 |
CORRESPONDENCE INFORMATION (proposed) |
NAME |
April Besl |
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE |
april.besl@dinsmore.com |
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) |
erick.rivera@dinsmore.com; DSMSTrademarks@Dinsmore.com; Luke.Curran@DINSMORE.COM |
DOCKET/REFERENCE NUMBER |
128291-4 |
SIGNATURE SECTION |
RESPONSE SIGNATURE |
/april l besl/ |
SIGNATORY'S NAME |
April L. Besl |
SIGNATORY'S POSITION |
Attorney of Record, Ohio Bar Member |
SIGNATORY'S PHONE NUMBER |
5139778200 |
DATE SIGNED |
09/02/2021 |
ROLE OF AUTHORIZED SIGNATORY |
Authorized U.S.-Licensed Attorney |
SIGNATURE METHOD |
Sent to third party for signature |
FILING INFORMATION SECTION |
SUBMIT DATE |
Thu Sep 02 16:06:03 ET 2021 |
TEAS STAMP |
USPTO/ROA-XX.XXX.XX.XX-20
210902160603269237-902601
64-781d9126ca77d30a8e7947
6723c2710d485198c9f9fbbd7
a99436864a393a1cdea-N/A-N
/A-20210902130822767833 |
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.
90260164 AVOWED(Standard Characters, see http://uspto.report/TM/90260164/mark.png) has been amended as follows:
CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following:
Current:
Class 009 for Software; computer programs, namely, game software for use on computers and video game players
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.
Filing Basis: Section 44(d), Priority based on foreign filing: 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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority
based upon a foreign application.
For a certification 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, 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 or services that meet the certification standards of the applicant, and the
applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on[ Lesotho application number LS/M/2020/00133 filed 05/22/2020]. 15 U.S.C.Section 1126(d), as
amended.
Proposed:
Tracked Text Description: Software;
Recorded and downloadable computer and video game software;
computer programs, namely, game software for use on computers and video game players;
recorded and downloadable computer programs, namely, game
software for use on computers and video game playersClass 009 for Recorded and downloadable computer and video game software; recorded and downloadable computer programs, namely, game software
for use on computers and video game players
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
Filing Basis: Section 44(d), Priority based on foreign filing: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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority
based upon a foreign application.
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, 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 or services that meet the certification standards of the
applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on [ Lesotho application number LS/M/2020/00133 filed 05/22/2020]. 15
U.S.C.Section 1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant has another basis for registration (Section 1(a) or Section 1(b)) and does NOT intend to rely on Section 44(e) as the basis for registration, but
is only asserting a valid claim of priority.
Applicant proposes to amend the following:
Current:
Class 041 for Entertainment; providing a website featuring information in the field of computer games, games, and home entertainment; providing information on-line relating to computer games and
computer enhancements for games; entertainment services, namely, providing on-line 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.
Filing Basis: Section 44(d), Priority based on foreign filing: 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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority
based upon a foreign application.
For a certification 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, 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 or services that meet the certification standards of the applicant, and the
applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on[ Lesotho application number LS/M/2020/00133 filed 05/22/2020]. 15 U.S.C.Section 1126(d), as
amended.
Proposed:
Tracked Text Description: Entertainment;
Entertainment services, namely, providing temporary use of non-downloadable game
software, providing online non-downloadable visual and audio recordings in the field of computer and video games, providing a website featuring non-downloadable news, information, tips, hints,
contests, computer interface themes, enhancements in the nature of loot boxes for use within an online computer and video game service, additional features for an online computer and video game
service, and additional content for an online computer and video game service, audio-visual content, music, videos, and other multimedia materials, all in the field of computer games and video
games;
providing a website featuring information in the field of computer games, games, and home entertainment;
providing information on-line
relating to computer games and computer enhancements for games;
entertainment services, namely, providing on-line computer gamesClass 041 for Entertainment services,
namely, providing temporary use of non-downloadable game software, providing online non-downloadable visual and audio recordings in the field of computer and video games, providing a website
featuring non-downloadable news, information, tips, hints, contests, computer interface themes, enhancements in the nature of loot boxes for use within an online computer and video game service,
additional features for an online computer and video game service, and additional content for an online computer and video game service, audio-visual content, music, videos, and other multimedia
materials, all in the field of computer games and video games; providing a website featuring information in the field of computer games, games, and home entertainment; providing information on-line
relating to computer games and computer enhancements for games; entertainment services, namely, providing on-line 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
Filing Basis: Section 44(d), Priority based on foreign filing: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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority
based upon a foreign application.
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, 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 or services that meet the certification standards of the
applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on [ Lesotho application number LS/M/2020/00133 filed 05/22/2020]. 15
U.S.C.Section 1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant has another basis for registration (Section 1(a) or Section 1(b)) and does NOT intend to rely on Section 44(e) as the basis for registration, but
is only asserting a valid claim of priority.
Correspondence Information (current):
APRIL BESL
PRIMARY EMAIL FOR CORRESPONDENCE: april.besl@dinsmore.com
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): erick.rivera@dinsmore.com; DSMSTrademarks@Dinsmore.com; Luke.Curran@DINSMORE.COM
The docket/reference number is 128291-4.
Correspondence Information (proposed):
April Besl
PRIMARY EMAIL FOR CORRESPONDENCE: april.besl@dinsmore.com
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): erick.rivera@dinsmore.com; DSMSTrademarks@Dinsmore.com; Luke.Curran@DINSMORE.COM
The docket/reference number is 128291-4.
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: /april l besl/ Date: 09/02/2021
Signatory's Name: April L. Besl
Signatory's Position: Attorney of Record, Ohio Bar Member
Signatory's Phone Number: 5139778200 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 BESL
255 E. FIFTH ST, SUITE 1900
CINCINNATI, Ohio 45202
Mailing Address: April Besl
255 E. FIFTH ST, SUITE 1900
CINCINNATI, Ohio 45202
Serial Number: 90260164
Internet Transmission Date: Thu Sep 02 16:06:03 ET 2021
TEAS Stamp: USPTO/ROA-XX.XXX.XX.XX-20210902160603269
237-90260164-781d9126ca77d30a8e79476723c
2710d485198c9f9fbbd7a99436864a393a1cdea-
N/A-N/A-20210902130822767833