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. 90562385 THE UNVISIBLE UNIVERSE(Standard Characters, see http://uspto.report/TM/90562385/mark.png) has been amended as follows:

ARGUMENT(S)
In response to the substantive refusal(s), please note the following:

In the office action, the Examiner has cited a prior filed pending application (application no. 90/154,146) which would be used to assert a 2d refusal should said mark issue. Inasmuch as the cited application has yet to issue; their Request for Reconsideration After Final Action was Denied and the Examiner’s holding was appealed there appears to be a significant likelihood that said appeal will also fail and the application will abandon.

Accordingly, it is requested that this application be suspended awaiting a final decision regarding said prior filed application.

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 042 for Entertainment services in the field of film and television, namely, the creation, production and distribution of films, videos, animation, and computer-generated images
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 04/23/2014 and first used in commerce at least as early as 04/23/2014 , and is now in use in such commerce.


Proposed:

Tracked Text Description: Entertainment services in the field of film and television, namely, the creation, production and distribution of films, videos, animation, and computer-generated images; Entertainment services in the field of film and television, namely, the creation, production and distribution of multimedia entertainment content in the nature of films, videos, animation, and computer-generated images.Class 042 for Entertainment services in the field of film and television, namely, the creation, production and distribution of multimedia entertainment content in the nature of films, videos, animation, and computer-generated images.
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 04/23/2014 and first used in commerce at least as early as 04/23/2014 , and is now in use in such commerce.

Webpage URL: None Provided
Webpage Date of Access: None Provided
Correspondence Information (current):
      ALBERT L. SCHMEISER
      PRIMARY EMAIL FOR CORRESPONDENCE: trademarks@iplawusa.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED
Correspondence Information (proposed):
      Albert L. Schmeiser
      PRIMARY EMAIL FOR CORRESPONDENCE: trademarks@iplawusa.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

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: /Albert L. Schmeiser/     Date: 03/25/2022
Signatory's Name: Albert L. Schmeiser
Signatory's Position: Attorney of Record, New York Bar member

Signatory's Phone Number: 480-655-0073 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:    ALBERT L. SCHMEISER
   SCHMEISER, OLSEN & WATTS LLP
   
   18 E. UNIVERSITY DR., STE. 101
   MESA, Arizona 85201
Mailing Address:    Albert L. Schmeiser
   SCHMEISER, OLSEN & WATTS LLP
   18 E. UNIVERSITY DR., STE. 101
   MESA, Arizona 85201
        
Serial Number: 90562385
Internet Transmission Date: Fri Mar 25 11:25:54 ET 2022
TEAS Stamp: USPTO/ROA-XX.XX.XX.XXX-20220325112554924
297-90562385-800a0db5c24f974948a928e6115
be3e76361c3abe11c856a26f566a71406efe2f-N
/A-N/A-20220325111836191103