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. 97469704 GEMINI(Standard Characters, see http://uspto.report/TM/97469704/mark.png) has been amended as follows:

EVIDENCE

Original PDF file:
evi_3812218298-2023032818 3926383777_._GEMINI_OAR_E xhibits__reduced_size_.pdf
Converted PDF file(s) ( 44 pages) Evidence-1Evidence-2Evidence-3Evidence-4Evidence-5Evidence-6Evidence-7Evidence-8Evidence-9Evidence-10Evidence-11Evidence-12Evidence-13Evidence-14Evidence-15Evidence-16Evidence-17Evidence-18Evidence-19Evidence-20Evidence-21Evidence-22Evidence-23Evidence-24Evidence-25Evidence-26Evidence-27Evidence-28Evidence-29Evidence-30Evidence-31Evidence-32Evidence-33Evidence-34Evidence-35Evidence-36Evidence-37Evidence-38Evidence-39Evidence-40Evidence-41Evidence-42Evidence-43Evidence-44
Original PDF file:
evi_1-3812218298-20230328 183926383777_._OAR_-_GEMI NI_2d_4883-7961-9666_v.5.pdf
Converted PDF file(s) ( 8 pages) Evidence-1Evidence-2Evidence-3Evidence-4Evidence-5Evidence-6Evidence-7Evidence-8

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 009 for Set-top boxes; digital video recorders and players; computer operating software for use with set-top boxes and digital video recorders and players; remote controls; computer network interconnection hardware; computer programs for interfacing with computer hardware in computer communications networks; telecommunications products, namely, computer hardware and software for receiving, converting, transmitting, streaming, and reviewing audio, video, images, and data; downloadable computer software for operating telecommunications products; downloadable software in the nature of a mobile application for operating telecommunications products; downloadable video clips in the field of entertainment in the nature of television programs, movies and multimedia content, and graphics for display on televisions, computer monitors, personal computers, mobile phones, smartphones, laptops, and tablet computers; computer hardware and downloadable and recorded software for streaming audio and video content to a variety of network devices, namely, televisions, computer monitors, personal computers, mobile phones, smartphones, laptops, and tablet computers; downloadable and recorded computer software for receiving digital video over a communication network; downloadable and recorded computer software for use in organizing, transmitting, receiving, playing, storing and reviewing data, image, audio and video files
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: The applicant believes the applicant is entitled to use the mark in commerce on or in connection with the goods or 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. 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.


Proposed:

Tracked Text Description: Set-top boxes; digital video recorders and players; computer operating software for use with set-top boxes and digital video recorders and players; downloadable and recordable computer operating software for use with set-top boxes and digital video recorders and players; remote controls; remote controls for set-top boxes, digital video recorders and players, televisions, and hardware and equipment for watching television programs; computer network interconnection hardware; computer programs for interfacing with computer hardware in computer communications networks; downloadable and recordable computer programs for interfacing with computer hardware in computer communications networks; telecommunications products, namely, computer hardware and software for receiving, converting, transmitting, streaming, and reviewing audio, video, images, and data; telecommunications products, namely, computer hardware and downloadable software for receiving, converting, transmitting, streaming, and reviewing audio, video, images, and data; downloadable computer software for operating telecommunications products; downloadable software in the nature of a mobile application for operating telecommunications products; downloadable video clips in the field of entertainment in the nature of television programs, movies and multimedia content, and graphics for display on televisions, computer monitors, personal computers, mobile phones, smartphones, laptops, and tablet computers; downloadable video clips in the field of action, comedy, drama, variety, adventure, sports, musicals, current events and entertainment news, documentary and animation, in the nature of television programs, movies and multimedia content, and graphics for display on televisions, computer monitors, personal computers, mobile phones, smartphones, laptops, and tablet computers; computer hardware and downloadable and recorded software for streaming audio and video content to a variety of network devices, namely, televisions, computer monitors, personal computers, mobile phones, smartphones, laptops, and tablet computers; downloadable and recorded computer software for receiving digital video over a communication network; downloadable and recorded computer software for use in organizing, transmitting, receiving, playing, storing and reviewing data, image, audio and video filesClass 009 for Set-top boxes; digital video recorders and players; downloadable and recordable computer operating software for use with set-top boxes and digital video recorders and players; remote controls for set-top boxes, digital video recorders and players, televisions, and hardware and equipment for watching television programs; computer network interconnection hardware; downloadable and recordable computer programs for interfacing with computer hardware in computer communications networks; telecommunications products, namely, computer hardware and downloadable software for receiving, converting, transmitting, streaming, and reviewing audio, video, images, and data; downloadable computer software for operating telecommunications products; downloadable software in the nature of a mobile application for operating telecommunications products; downloadable video clips in the field of action, comedy, drama, variety, adventure, sports, musicals, current events and entertainment news, documentary and animation, in the nature of television programs, movies and multimedia content, and graphics for display on televisions, computer monitors, personal computers, mobile phones, smartphones, laptops, and tablet computers; computer hardware and downloadable and recorded software for streaming audio and video content to a variety of network devices, namely, televisions, computer monitors, personal computers, mobile phones, smartphones, laptops, and tablet computers; downloadable and recorded computer software for receiving digital video over a communication network; downloadable and recorded computer software for use in organizing, transmitting, receiving, playing, storing and reviewing data, image, audio and video files
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: The applicant believes the applicant is entitled to use the mark in commerce on or in connection with the goods or 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. 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.

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


Applicant proposes to amend the following:

Current:
Class 038 for Broadcasting, webcasting, streaming, and transmission of audio, video, subscription television, and video-on-demand content via the internet and electronic communications networks; television broadcasting to computer monitors, personal computers, mobile phones, smartphones, laptops, and tablet computers; telecommunication services, namely, transmission of voice, data, images, graphics, audio, video, and multimedia by means of wired and wireless networks; satellite television broadcasting; satellite transmission services; video-on-demand television transmission services; streaming of audio and video content via the Internet, other computer networks, wireless networks and electronic communication networks; electronic data transmission
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: The applicant believes the applicant is entitled to use the mark in commerce on or in connection with the goods or 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. 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.


Proposed:

Tracked Text Description: Broadcasting, webcasting, streaming, and transmission of audio, video, subscription television, and video-on-demand content via the internet and electronic communications networks; Broadcasting, webcasting, streaming, and electronic transmission of audio, video, subscription television, and video-on-demand content via the internet and electronic communications networks; television broadcasting to computer monitors, personal computers, mobile phones, smartphones, laptops, and tablet computers; telecommunication services, namely, transmission of voice, data, images, graphics, audio, video, and multimedia by means of wired and wireless networks; satellite television broadcasting; satellite transmission services; video-on-demand television transmission services; streaming of audio and video content via the Internet, other computer networks, wireless networks and electronic communication networks; electronic data transmissionClass 038 for Broadcasting, webcasting, streaming, and electronic transmission of audio, video, subscription television, and video-on-demand content via the internet and electronic communications networks; television broadcasting to computer monitors, personal computers, mobile phones, smartphones, laptops, and tablet computers; telecommunication services, namely, transmission of voice, data, images, graphics, audio, video, and multimedia by means of wired and wireless networks; satellite television broadcasting; satellite transmission services; video-on-demand television transmission services; streaming of audio and video content via the Internet, other computer networks, wireless networks and electronic communication networks; electronic data transmission
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: The applicant believes the applicant is entitled to use the mark in commerce on or in connection with the goods or 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. 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.

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


Applicant proposes to amend the following:

Current:
Class 041 for Entertainment services in the nature of providing entertainment programs and content, namely, movies, ongoing television programs, video clips, graphic, webcasts, on-demand content and events, and information relating to movies and television programs in the fields of comedy, drama, action, variety, adventure, sports, musicals, current events and entertainment news, documentary and animation, via satellite, the internet, electronic communications networks, computer networks and wired and wireless communications networks; providing entertainment information in the nature of online programming and scheduling information for movies, ongoing television programs, video clips, graphics, webcasts, on-demand content and events
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: The applicant believes the applicant is entitled to use the mark in commerce on or in connection with the goods or 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. 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.


Proposed:

Tracked Text Description: Entertainment services in the nature of providing entertainment programs and content, namely, movies, ongoing television programs, video clips, graphic, webcasts, on-demand content and events, and information relating to movies and television programs in the fields of comedy, drama, action, variety, adventure, sports, musicals, current events and entertainment news, documentary and animation, via satellite, the internet, electronic communications networks, computer networks and wired and wireless communications networks; Entertainment services in the nature of providing entertainment programs and content, namely, non-downloadable movies, ongoing television programs, non-downloadable video clips, non-downloadable graphics, webcasts, on-demand content and events, and information relating to movies and television programs in the fields of comedy, drama, action, variety, adventure, sports, musicals, current events and entertainment news, documentary and animation, via satellite, the internet, electronic communications networks, computer networks and wired and wireless communications networks; providing entertainment information in the nature of online programming and scheduling information for movies, ongoing television programs, video clips, graphics, webcasts, on-demand content and eventsClass 041 for Entertainment services in the nature of providing entertainment programs and content, namely, non-downloadable movies, ongoing television programs, non-downloadable video clips, non-downloadable graphics, webcasts, on-demand content and events, and information relating to movies and television programs in the fields of comedy, drama, action, variety, adventure, sports, musicals, current events and entertainment news, documentary and animation, via satellite, the internet, electronic communications networks, computer networks and wired and wireless communications networks; providing entertainment information in the nature of online programming and scheduling information for movies, ongoing television programs, video clips, graphics, webcasts, on-demand content and events
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: The applicant believes the applicant is entitled to use the mark in commerce on or in connection with the goods or 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. 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.

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

Correspondence Information (current)
      ALEXANDER E. SILVERMAN
      PRIMARY EMAIL FOR CORRESPONDENCE: alex.silverman@directv.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): DL-DIRECTVIPLAW@DIRECTV.COM; cathy.obrien@haynesboone.com; david.bell@haynesboone.com

The docket/reference number is T-2022-4003.
Correspondence Information (proposed)
      Alexander E. Silverman
      PRIMARY EMAIL FOR CORRESPONDENCE: alex.silverman@directv.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): DL-DIRECTVIPLAW@DIRECTV.COM; david.bell@haynesboone.com; asal.saffari@haynesboone.com; Faith.Weisbruch@haynesboone.com

The docket/reference number is T-2022-4003.

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: /Asal Saffari/     Date: 03/28/2023
Signatory's Name: Asal Saffari
Signatory's Position: Associate Attorney at Haynes and Boone LLP, California Bar Member
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:    ALEXANDER E. SILVERMAN
   
   
   2260 EAST IMPERIAL HWY
   EL SEGUNDO, California 90245
Mailing Address:    Alexander E. Silverman
   
   2260 EAST IMPERIAL HWY
   EL SEGUNDO, California 90245
        
Serial Number: 97469704
Internet Transmission Date: Tue Mar 28 19:15:06 ET 2023
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XX-2023032819150673
9136-97469704-850e2f38397588699aff65432c
5ec12294c1d410a508d978399954f3b56923ecd-
N/A-N/A-20230328183926383777