| 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.
| 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.
97839004 CS2(Standard Characters, see http://uspto.report/TM/97839004/mark.png) has been amended as follows:
CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following:
Current:
Class 041 for Entertainment services, namely, providing online video games; provision of on-line entertainment, namely, on-line computer games; providing on-line computer games and on-line video
games; electronic games services provided by means of the Internet; providing information in the fields of computer games and entertainment via the Internet; organization of competitions relating to
video games, video game education, and video game entertainment; providing information in the field of on-line computer games and on-line video games and computer games
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.
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[ Trinidad and Tobago application number 59760 filed 02/23/2023]. 15 U.S.C.Section 1126(d), as
amended.
Proposed:
Tracked Text Description: Entertainment services, namely, providing online video games;
provision of on-line entertainment, namely, on-line computer
games;
providing on-line computer games and on-line video games;
entertainment services, namely, providing on-line
computer games and on-line video games;
electronic games services provided by means of the Internet;
providing information in the fields of
computer games and entertainment via the Internet;
organization of competitions relating to video games, video game education, and video game entertainment;
providing information in the field of on-line computer games and on-line video games and computer gamesClass 041 for Entertainment services, namely, providing online video
games; provision of on-line entertainment, namely, on-line computer games; entertainment services, namely, providing on-line computer games and on-line video games; electronic games services provided
by means of the Internet; providing information in the fields of computer games and entertainment via the Internet; organization of competitions relating to video games, video game education, and
video game entertainment; providing information in the field of on-line computer games and on-line video games and computer games
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
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 [ Trinidad and Tobago application number 59760 filed 02/23/2023]. 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
DAVID J. BYER
PRIMARY EMAIL FOR CORRESPONDENCE: botrademarks@klgates.com
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): david.byer@klgates.com; alice.schermer@klgates.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)
Response Signature
Signature: /David J. Byer/ Date: 10/21/2023
Signatory's Name: David J. Byer
Signatory's Position: Attorney of Record, Massachusetts bar member
Signatory's Phone Number: 6172613115 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: DAVID J. BYER
K&L GATES LLP
ONE LINCOLN STREET
BOSTON, Massachusetts 02111
Mailing Address: David J. Byer
K&L GATES LLP
ONE LINCOLN STREET
BOSTON, Massachusetts 02111
Serial Number: 97839004
Internet Transmission Date: Sat Oct 21 13:40:45 ET 2023
TEAS Stamp: USPTO/ROA-XX.XXX.X.XX-202310211340453173
33-97839004-8509927e2ee9829268e7d379d3b6
d275637b2a32db687e3fbc5e11572c0e12ed8-N/
A-N/A-20231020191745985938