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. 90335211 QUACKITY(Standard Characters, see http://uspto.report/TM/90335211/mark.png) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 009 for Downloadable videos featuring gaming content and commentary, comedy sketches, animated parodies and content, entertainment, lifestyle, news, and technology; Downloadable computer application software for mobile phones, tablet computers and desktop computers, namely, software for use in the field of sports, entertainment, fashion, current events, music, or video games; Downloadable computer game programs, software in the form of applications (apps) for games; Downloadable computer software for transmission of photographs to mobile telephones; Computer mice, computer mouse pads, headsets for telephone and computer, headphone consoles, keyboards; Motion picture films and films for television featuring entertainment
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 05/26/2012 and first used in commerce at least as early as 05/26/2012 , and is now in use in such commerce.


Proposed:

Tracked Text Description: Downloadable videos featuring gaming content and commentary, comedy sketches, animated parodies and content, entertainment, lifestyle, news, and technology; Downloadable computer application software for mobile phones, tablet computers and desktop computers, namely, software for use in the field of sports, entertainment, fashion, current events, music, or video games; Downloadable computer application software for mobile phones, tablet computers and desktop computers, namely, software for use in building social network, productivity, lifestyle, educational and informative the field of sports, entertainment, fashion, current events, music, or video games; Downloadable computer game programs, software in the form of applications (apps) for games; Downloadable computer game programs, software in the form of downloadable computer game applications; Downloadable computer software for transmission of photographs to mobile telephones; Computer mice, computer mouse pads, headsets for telephone and computer, headphone consoles, keyboards; Computer mice, computer mouse pads, headsets for telephone and computer, headphones, computer keyboards; Motion picture films and films for television featuring entertainment; Motion picture films and films for television featuring children's, adults and senior entertainmentClass 009 for Downloadable videos featuring gaming content and commentary, comedy sketches, animated parodies and content, entertainment, lifestyle, news, and technology; Downloadable computer application software for mobile phones, tablet computers and desktop computers, namely, software for use in building social network, productivity, lifestyle, educational and informative the field of sports, entertainment, fashion, current events, music, or video games; Downloadable computer game programs, software in the form of downloadable computer game applications; Downloadable computer software for transmission of photographs to mobile telephones; Computer mice, computer mouse pads, headsets for telephone and computer, headphones, computer keyboards; Motion picture films and films for television featuring children's, adults and senior entertainment
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 05/26/2012 and first used in commerce at least as early as 05/26/2012 , and is now in use in such commerce.
Applicant hereby submits one(or more) specimen(s) for Class 009. The specimen(s) submitted consists of The attached specimen shows the mark ?Quackity? in connection with a video on YouTube. In this screenshot, the action to download the video appears on the ?download icon? below the video player. This shows use in connection with downloadable videos..
"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].
Specimen File1


Webpage URL: http://youtu.be/3TWvMWxqoaU
Webpage Date of Access: 10/25/2021

Applicant proposes to amend the following:

Current:
Class 016 for Paper and printed material, namely, posters, pictures, photographs, postcards, notebooks, notepads stickers, decals, calendars, temporary tattoo transfers; Printed publications, namely, magazines, newspapers, periodicals, and newsletters in the fields of sports, entertainment, fashion, current events, music, or video games; Art goods and materials, namely, writing instruments, drawing instruments, erasers, pen and pencil cases; Books in the field of sports, entertainment, fashion, current events, music, or video games; Plastic materials, namely, paper bags; Packaging materials; Advertising and promotional materials
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 11/30/2016 and first used in commerce at least as early as 11/30/2016 , and is now in use in such commerce.


Proposed:

Tracked Text Description: Paper and printed material, namely, posters, pictures, photographs, postcards, notebooks, notepads stickers, decals, calendars, temporary tattoo transfers; Paper and printed material, namely, posters, pictures in the nature of drawings, photographs, postcards, notebooks, notepads stickers, decals, calendars, temporary tattoo transfers; Printed publications, namely, magazines, newspapers, periodicals, and newsletters in the fields of sports, entertainment, fashion, current events, music, or video games; Art goods and materials, namely, writing instruments, drawing instruments, erasers, pen and pencil cases; Books in the field of sports, entertainment, fashion, current events, music, or video games; Printed books in the field of sports, entertainment, fashion, current events, music, or video games; Plastic materials, namely, paper bags; Paper bags; Packaging materials; Packaging materials, namely paper, paperboard and cardboard cartons for wrapping and packaging; Advertising and promotional materials; Advertising and promotional materials, namely, advertising signs of paper or cardboardClass 016 for Paper and printed material, namely, posters, pictures in the nature of drawings, photographs, postcards, notebooks, notepads stickers, decals, calendars, temporary tattoo transfers; Printed publications, namely, magazines, newspapers, periodicals, and newsletters in the fields of sports, entertainment, fashion, current events, music, or video games; Art goods and materials, namely, writing instruments, drawing instruments, erasers, pen and pencil cases; Printed books in the field of sports, entertainment, fashion, current events, music, or video games; Paper bags; Packaging materials, namely paper, paperboard and cardboard cartons for wrapping and packaging; Advertising and promotional materials, namely, advertising signs of paper or cardboard
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 11/30/2016 and first used in commerce at least as early as 11/30/2016 , and is now in use in such commerce.

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

Applicant proposes to amend the following:

Current:
Class 025 for Clothing, namely, tops as clothing, bottoms as clothing, shirts, t-shirts, jerseys, hoodies, sweaters, sweatshirts, pants, sweatpants, shorts, jackets, pullovers, coats, socks, underwear, belts; headgear, namely, headbands, hats, caps, berets, earmuffs, visors, baseball caps, beanies; sleepwear; rain wear; swimwear; footwear, namely, boots, shoes, slippers, sandals, trainers in the nature of training shoes, booties, workout shoes and running shoes, beach shoes, soles for footwear
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 11/30/2016 and first used in commerce at least as early as 11/30/2016 , and is now in use in such commerce.


Proposed:

Tracked Text Description: Clothing, namely, tops as clothing, bottoms as clothing, shirts, t-shirts, jerseys, hoodies, sweaters, sweatshirts, pants, sweatpants, shorts, jackets, pullovers, coats, socks, underwear, belts; headgear, namely, headbands, hats, caps, berets, earmuffs, visors, baseball caps, beanies; headgear, namely, headbands, hats, caps being headwear, berets, earmuffs, visors being headwear, baseball caps, beanies; sleepwear; rain wear; swimwear; footwear, namely, boots, shoes, slippers, sandals, trainers in the nature of training shoes, booties, workout shoes and running shoes, beach shoes, soles for footwearClass 025 for Clothing, namely, tops as clothing, bottoms as clothing, shirts, t-shirts, jerseys, hoodies, sweaters, sweatshirts, pants, sweatpants, shorts, jackets, pullovers, coats, socks, underwear, belts; headgear, namely, headbands, hats, caps being headwear, berets, earmuffs, visors being headwear, baseball caps, beanies; sleepwear; rain wear; swimwear; footwear, namely, boots, shoes, slippers, sandals, trainers in the nature of training shoes, booties, workout shoes and running shoes, beach shoes, soles for footwear
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 11/30/2016 and first used in commerce at least as early as 11/30/2016 , and is now in use in such commerce.

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

Applicant proposes to amend the following:

Current:
Class 028 for Games and playthings, namely, balls, action figures, collectable toy figures, educational toys, card games, board games, electronic activity toys, game consoles, inflatable toys, playing cards, model toys, musical games, musical toys; boxing gloves; bath toys; beach balls; cuddly toys, namely, fluffy toys, stuffed toys and plush toys; soft knitted toys; electronic action toys; toy robots; balloons; dolls; puppets; computer game consoles
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 09/01/2020 and first used in commerce at least as early as 09/01/2020 , and is now in use in such commerce.


Proposed:

Tracked Text Description: Games and playthings, namely, balls, action figures, collectable toy figures, educational toys, card games, board games, electronic activity toys, game consoles, inflatable toys, playing cards, model toys, musical games, musical toys; Games and playthings, namely, balls for games, action figures, collectable toy figures, educational toys in the nature of card sets and illustrated wall maps, card games, board games, electronic children's multiple activity toys, video game consoles, inflatable toys, playing cards, toy models, musical parlor games, musical toys; boxing gloves; bath toys; beach balls; cuddly toys, namely, fluffy toys, stuffed toys and plush toys; cuddly toys, namely, fluffy stuffed toys, stuffed toys and plush toys; soft knitted toys; electronic action toys; toy robots; balloons; dolls; puppets; computer game consoles; computer game consoles for use with an external display screen or monitorClass 028 for Games and playthings, namely, balls for games, action figures, collectable toy figures, educational toys in the nature of card sets and illustrated wall maps, card games, board games, electronic children's multiple activity toys, video game consoles, inflatable toys, playing cards, toy models, musical parlor games, musical toys; boxing gloves; bath toys; beach balls; cuddly toys, namely, fluffy stuffed toys, stuffed toys and plush toys; soft knitted toys; electronic action toys; toy robots; balloons; dolls; puppets; computer game consoles for use with an external display screen or monitor
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 09/01/2020 and first used in commerce at least as early as 09/01/2020 , and is now in use in such commerce.

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

Applicant proposes to amend the following:

Current:
Class 041 for Entertainment services, namely, multimedia production services; Entertainment services in the nature of development, creation, recording, production and post-production services of film and multimedia entertainment content; Entertainment services, namely, providing on ongoing videos, audio content, podcasts, commentary, webcasts, competitions, blogs and images transmitted via the Internet and mobile platforms in the field of gaming, gaming content and commentary, comedy, comedy sketches, animated parodies and content, sports, fashion, lifestyle, news, technology, current events, music, video games, animation and variety; Entertainment services, namely, providing online information, news and commentary in the field of entertainment, gaming, comedy, animation and charitable programs and activities; Entertainment services, namely, arranging, organizing and performing online shows featuring video game playing with player commentary and narration; Entertainment services, namely, live performances featuring video game playing with player commentary and narration; Entertainment services, namely, providing production of films and television shows; Entertainment services, namely, providing production of sound, music and video recordings; Entertainment services, namely, providing online musical video performances; Entertainment services, namely, distribution of live visual and audio performances via the Internet and mobile platforms; Entertainment services, namely, providing entertainment in the nature of visual and audio performances, ongoing variety shows broadcast via online communication networks
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 05/26/2012 and first used in commerce at least as early as 05/26/2012 , and is now in use in such commerce.


Proposed:

Tracked Text Description: Entertainment services, namely, multimedia production services; Entertainment services in the nature of development, creation, recording, production and post-production services of film and multimedia entertainment content; Entertainment services, namely, providing on ongoing videos, audio content, podcasts, commentary, webcasts, competitions, blogs and images transmitted via the Internet and mobile platforms in the field of gaming, gaming content and commentary, comedy, comedy sketches, animated parodies and content, sports, fashion, lifestyle, news, technology, current events, music, video games, animation and variety; Entertainment services, namely, providing ongoing online non-downloadable videos, online non-downloadable audio recordings, podcasts, current events commentary, webcasts, competitions, blogs and online non-downloadable images transmitted via the Internet and mobile platforms in the field of gaming, gaming content and commentary, comedy, comedy sketches, animated parodies and content, sports, fashion, lifestyle, news, technology, current events, music, video games, animation and variety; Entertainment services, namely, providing online information, news and commentary in the field of entertainment, gaming, comedy, animation and charitable programs and activities; Entertainment services, namely, providing online information, news and commentary in the field of entertainment, gaming, comedy, animation and charitable programs; Entertainment services, namely, arranging, organizing and performing online shows featuring video game playing with player commentary and narration; Entertainment services, namely, arranging, organizing and performing online television shows featuring video game playing with player commentary and narration; Entertainment services, namely, live performances featuring video game playing with player commentary and narration; Entertainment services, namely, providing production of films and television shows; Entertainment services, namely, providing production of sound, music and video recordings; Entertainment services, namely, providing online musical video performances; Entertainment services, namely, providing online non-downloadable musical video performances; Entertainment services, namely, distribution of live visual and audio performances via the Internet and mobile platforms; Entertainment services, namely, distribution of live visual and audio performances via the Internet and mobile platforms being distribution of television programs and streaming services for others; Entertainment services, namely, providing entertainment in the nature of visual and audio performances, ongoing variety shows broadcast via online communication networks; Entertainment services, namely, providing entertainment in the nature of live and prerecorded visual and audio performances, ongoing variety shows broadcast via online communication networksClass 041 for Entertainment services, namely, multimedia production services; Entertainment services in the nature of development, creation, recording, production and post-production services of film and multimedia entertainment content; Entertainment services, namely, providing ongoing online non-downloadable videos, online non-downloadable audio recordings, podcasts, current events commentary, webcasts, competitions, blogs and online non-downloadable images transmitted via the Internet and mobile platforms in the field of gaming, gaming content and commentary, comedy, comedy sketches, animated parodies and content, sports, fashion, lifestyle, news, technology, current events, music, video games, animation and variety; Entertainment services, namely, providing online information, news and commentary in the field of entertainment, gaming, comedy, animation and charitable programs; Entertainment services, namely, arranging, organizing and performing online television shows featuring video game playing with player commentary and narration; Entertainment services, namely, live performances featuring video game playing with player commentary and narration; Entertainment services, namely, providing production of films and television shows; Entertainment services, namely, providing production of sound, music and video recordings; Entertainment services, namely, providing online non-downloadable musical video performances; Entertainment services, namely, distribution of live visual and audio performances via the Internet and mobile platforms being distribution of television programs and streaming services for others; Entertainment services, namely, providing entertainment in the nature of live and prerecorded visual and audio performances, ongoing variety shows broadcast via online communication networks
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 05/26/2012 and first used in commerce at least as early as 05/26/2012 , and is now in use in such commerce.

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

OWNER AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: QHQ, INC., a corporation of California, having an address of
      3385 Michelson Dr, Apt. 552
      Irvine, California 92612
      United States
      Email Address: XXXX
      619-799-5559
Proposed: QHQ, INC., a corporation of California, having an address of
      8583 Irvine Center Dr 20
      Irvine, California 92618
      United States
      Email Address: XXXX
      213-705-9443

ADDITIONAL STATEMENTS
Significance of wording, letter(s), or numeral(s)
QUACKITY appearing in the mark has no significance nor is it a term of art in the relevant trade or industry or as used in connection with the goods/services/collective membership organization listed in the application, or any geographical significance.

Correspondence Information (current):
      QHQ, INC.
      PRIMARY EMAIL FOR CORRESPONDENCE: contact@quackity.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): jatorresleon@gmail.com; aletorres7797@gmail.com; alexistorresjl@gmail.com
Correspondence Information (proposed):
      QHQ, INC.
      PRIMARY EMAIL FOR CORRESPONDENCE: contact@quackity.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): administration@quackity.com

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: /Jorge Torres/      Date: 11/12/2021
Signatory's Name: Jorge Alexis Torres
Signatory's Position: President
Signature method: Signed directly within the form

Response Signature
Signature: /Jorge Torres/     Date: 11/12/2021
Signatory's Name: Jorge Alexis Torres
Signatory's Position: President
Signature method: Signed directly within the form

The signatory has confirmed that he/she is not represented by an authorized attorney, and that he/she is either: (1) the owner/holder; or (2) a person or persons with legal authority to bind the owner/holder; and if he/she had previously been represented by an attorney in this matter, either he/she revoked their power of attorney by filing a signed revocation with the USPTO or the USPTO has granted this attorney's withdrawal request.

Mailing Address:    QHQ, INC.
   
   
   3385 MICHELSON DR, APT. 552
   IRVINE, California 92612
Mailing Address:    QHQ, INC.
   8583 Irvine Center Dr 20
   Irvine, California 92618
        
Serial Number: 90335211
Internet Transmission Date: Fri Nov 12 22:52:32 ET 2021
TEAS Stamp: USPTO/ROA-XXX.XXX.X.XX-20211112225232706
240-90335211-7818fc2e46faeedd66bf8cb571b
99b630adf479b94ac9fbc2f59e523afd3a-N/A-N
/A-20211112215625414927