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. 90348824 ARC RAIDERS(Standard Characters, see http://uspto.report/TM/90348824/mark.png) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 009 for Computer games; video games; computer hardware for games and gaming; computer programs for playing games; electronic publications, downloadable, relating to games and gaming; computer peripheral devices; mouse pads
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: Computer games; Recorded computer and video game software programs; video games; Computer hardware for games and gaming; Downloadable computer software programs for playing games; computer programs for playing games; Downloadable electronic publications, namely periodicals, books and manuals relating to games and gaming; electronic publications, downloadable, relating to games and gaming; Computer peripheral devices; Mouse padsClass 009 for Recorded computer and video game software programs; Computer hardware for games and gaming; Downloadable computer software programs for playing games; Downloadable electronic publications, namely periodicals, books and manuals relating to games and gaming; Computer peripheral devices; Mouse pads
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 proposes to amend the following:

Current:
Class 025 for Clothing; footwear; headwear
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: Clothing; Clothing, namely shirts, hoodies, pants and jackets; Footwear; headwear; Headwear, namely hats and capsClass 025 for Clothing, namely shirts, hoodies, pants and jackets; Footwear; Headwear, namely hats and caps
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 proposes to amend the following:

Current:
Class 028 for Video game apparatus; computer game apparatus; controllers for video game machines; game controllers for computers; toys
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: Video game apparatus; Video game consoles; computer game apparatus; Computer game consoles for use with an external display screen or monitor; controllers for video game machines; Controllers for video game consoles; game controllers for computers; Game controllers for computer games; toys; Toys, namely, scale model figures, scale model vehicles and toy figuresClass 028 for Video game consoles; Computer game consoles for use with an external display screen or monitor; Controllers for video game consoles; Game controllers for computer games; Toys, namely, scale model figures, scale model vehicles and toy figures
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 proposes to amend the following:

Current:
Class 041 for Providing online computer games; entertainment services for matching users with computer games; providing information on-line relating to computer games and computer enhancements for games; providing non-downloadable electronic publications on-line; providing games by cellular telephone communication; providing games by or for use on cellular telephones; publication of computer games; games services provided via computer networks and global communication networks; production of esports events; organizing of esports competitions; entertainment services relating to esports
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: Providing online computer games; entertainment services for matching users with computer games; Entertainment services, namely, organization of computer game competitions and events with matched computer gamers; Providing information on-line relating to computer games and computer enhancements for games; providing non-downloadable electronic publications on-line; Providing on-line, non-downloadable electronic publications in the nature of periodicals, books and manuals in the field of computer gaming; providing games by cellular telephone communication; Providing on-line computer games by cellular telephone communication; providing games by or for use on cellular telephones; Providing on-line computer games by or for use on cellular telephones; publication of computer games; Publication of e-zines regarding computer games; games services provided via computer networks and global communication networks; Providing online computer games via computer networks and global communication networks; production of esports events; Entertainment services, namely, organizing and providing electronic sports competitions and events in the field of computer games; organizing of esports competitions; entertainment services relating to esportsClass 041 for Providing online computer games; Entertainment services, namely, organization of computer game competitions and events with matched computer gamers; Providing information on-line relating to computer games and computer enhancements for games; Providing on-line, non-downloadable electronic publications in the nature of periodicals, books and manuals in the field of computer gaming; Providing on-line computer games by cellular telephone communication; Providing on-line computer games by or for use on cellular telephones; Publication of e-zines regarding computer games; Providing online computer games via computer networks and global communication networks; Entertainment services, namely, organizing and providing electronic sports competitions and events in the field of 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

Correspondence Information (current):
      M. DAVID GALIN
      PRIMARY EMAIL FOR CORRESPONDENCE: trademarks@tuckerellis.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): david.galin@tuckerellis.com

The docket/reference number is 14476-053010.
Correspondence Information (proposed):
      M. David Galin
      PRIMARY EMAIL FOR CORRESPONDENCE: trademarks@tuckerellis.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): david.galin@tuckerellis.com

The docket/reference number is 14476-053010.

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: /MDavidGalin/     Date: 06/25/2021
Signatory's Name: M. David Galin
Signatory's Position: Attorney of Record; Ohio Bar member

Signatory's Phone Number: 216-592-5000 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:    M. DAVID GALIN
   TUCKER ELLIS LLP
   
   950 MAIN AVENUE, SUITE 1100
   CLEVELAND, Ohio 44113
Mailing Address:    M. David Galin
   TUCKER ELLIS LLP
   950 MAIN AVENUE, SUITE 1100
   CLEVELAND, Ohio 44113
        
Serial Number: 90348824
Internet Transmission Date: Fri Jun 25 11:20:45 ET 2021
TEAS Stamp: USPTO/ROA-XX.XX.XXX.XXX-2021062511204548
1410-90348824-780a56fb35a4d055ad66105f41
380abcd6cddbde413365436569ea63c61a27-N/A
-N/A-20210625111724387600