PTO- 1822
`
`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 Suspension Inquiry or Letter of Suspension
`
`Input Field
`
`SERIAL NUMBER
`
`LAW OFFICE ASSIGNED
`
`MARK SECTION
`
`MARK FILE NAME
`
`LITERAL ELEMENT
`
`CANCELLATION PROCEEDING(S)
`
`The table below presents the data as entered.
`
`Entered
`
`88677966
`
`LAW OFFICE 123
`
`https://tmng-al.uspto.gov/resting2/api/img/88677966/large
`
`T1
`
`Cancellation No(s). 92074890 and 92074891 has/have been terminated. The applicant hereby requests removal of this application from
`suspension for further action by the examining attorney.
`
`COMMENT(S)/REMARK(S)
`
`Applicant acquired U.S. Registration No. 3307704, which had been cited as a basis for a Section 2(d) refusal. Additionally, Applicant entered
`into the enclosed consent agreement with the owner of U.S. Registration No. 1354163, wherein the owner of U.S. Registration No. 1354163
`consents to Applicant's registration of its mark. In view of the acquisition of U.S. Registration No. 3307704, the enclosed consent agreement
`between Applicant and the owner of U.S. Registration No. 1354163, and the amendments to the identification of goods and recitation of
`services, Applicant requests that the Section 2(d) refusal be withdrawn and that its application be approved for publication. In the event that the
`Examining Attorney still maintains that a likelihood of confusion exists due to U.S. Registration No. 5303099, Applicant requests that
`examination of its application be suspended pending the outcome of a Petition for Cancellation filed today by Applicant against U.S.
`Registration No. 5303099.
`
`        REMARKS FILE NAME(S)
`
`       ORIGINAL PDF FILE
`
`       CONVERTED PDF FILE(S)
`       (5 pages)
`
`CAR_38982204-171054812_._ Rheingold_consent_agreeme nt.pdf
`
`\\TICRS\EXPORT18\IMAGEOUT 18\886\779\88677966\xml4\ RSI0026.JPG
`
`\\TICRS\EXPORT18\IMAGEOUT 18\886\779\88677966\xml4\ RSI0027.JPG
`
`\\TICRS\EXPORT18\IMAGEOUT 18\886\779\88677966\xml4\ RSI0028.JPG
`
`\\TICRS\EXPORT18\IMAGEOUT 18\886\779\88677966\xml4\ RSI0029.JPG
`
`\\TICRS\EXPORT18\IMAGEOUT 18\886\779\88677966\xml4\ RSI0030.JPG
`
`GOODS AND/OR SERVICES SECTION (009)(current)
`
`INTERNATIONAL CLASS
`
`DESCRIPTION
`
`009
`
`downloadable audio recordings featuring music and video game playing with player commentary and narration; downloadable video
`recordings featuring video game playing with player commentary and narration; downloadable audio and video recordings featuring video
`game playing with player commentary and narration; pre-recorded video discs, compact discs, DVDs, and high definition digital discs
`featuring video games, documentaries about the field of electronic sports, and video recordings of electronic sports competitions and
`tournaments; video games discs; downloadable computer game software; downloadable mobile video game applications for smartphones and
`tablet computers; downloadable mobile applications for smartphones and tablet computers that allow streaming, downloading, and viewing of
`audiovisual and multimedia content in the field of video gaming and electronic sports; computers; smartphones; video game devices, namely,
`virtual reality headsets; downloadable electronic publications, namely, books, magazines, newspapers, periodicals, and newsletters featuring
`video games, electronic sports, and electronic sports competitions and tournaments; downloadable music files
`
`FILING BASIS
`
`       
`       
`       
`       
`

`

`FILING BASIS
`
`FILING BASIS
`
`        FOREIGN APPLICATION NUMBER
`
`       FOREIGN APPLICATION
`COUNTRY/REGION/JURISDICTION/U.S. TERRITORY
`
`        FOREIGN FILING DATE
`
`Section 1(b)
`
`Section 44(d)
`
`078015
`
`Jamaica
`
`06/24/2019
`
`GOODS AND/OR SERVICES SECTION (009)(proposed)
`
`INTERNATIONAL CLASS
`
`DESCRIPTION
`
`009
`
`downloadable audio recordings featuring music and video game playing with player commentary and narration; downloadable video
`recordings featuring video game playing with player commentary and narration; downloadable audio and video recordings featuring video
`game playing with player commentary and narration; pre-recorded video discs, compact discs, DVDs, and high definition digital discs
`featuring video games, documentaries about the field of electronic sports, and video recordings of electronic sports competitions and
`tournaments; video games discs; downloadable computer game software; downloadable mobile video game applications for smartphones and
`tablet computers; downloadable mobile applications for smartphones and tablet computers that allow streaming, downloading, and viewing of
`audiovisual and multimedia content in the field of video gaming and electronic sports; computers; smartphones; video game devices, namely,
`virtual reality headsets; downloadable electronic publications, namely, books, magazines, newspapers, periodicals, and newsletters featuring
`video games, electronic sports, and electronic sports competitions and tournaments; downloadable music files
`
`        WEBPAGE URL
`
`        WEBPAGE DATE OF ACCESS
`
`FILING BASIS
`
`       FOREIGN APPLICATION NUMBER
`
`       FOREIGN APPLICATION
`COUNTRY/REGION/JURISDICTION/U.S. TERRITORY
`
`       FOREIGN FILING DATE
`
`       INTENT TO
`       PERFECT 44(d)
`
`DELETED FILING BASIS
`
`FILING BASIS
`
`       FOREIGN REGISTRATION NUMBER
`
`       FOREIGN REGISTRATION
`       COUNTRY/REGION/JURISDICTION/U.S. TERRITORY
`
`       FOREIGN REGISTRATION
`       DATE
`
`       FOREIGN REGISTRATION FILE NAME(S)
`
`       ORIGINAL PDF FILE
`
`       CONVERTED PDF FILE(S)
`       (3 pages)
`
`None Provided
`
`None Provided
`
`Section 44(d)
`
`78015
`
`Jamaica
`
`06/24/2019
`
`At this time, the applicant intends to rely on Section 44(e) as a basis for registration
`and requests that the application be suspended to await the submission of the foreign
`registration. If ultimately the applicant does not rely on §44(e) as a basis for
`registration, a valid claim of priority may be retained.
`
`1(b)
`
`Section 44(e)
`
`78015
`
`Jamaica
`
`10/05/2020
`
`FRU0-38982204-171054812_. __Cert_Reg._No._78015__T1
`_Design_C_09_14_18_25_32_ 35_38_41_JM.pdf
`
`\\TICRS\EXPORT18\IMAGEOUT 18\886\779\88677966\xml4\ RSI0002.JPG
`
`\\TICRS\EXPORT18\IMAGEOUT 18\886\779\88677966\xml4\ RSI0003.JPG
`
`\\TICRS\EXPORT18\IMAGEOUT 18\886\779\88677966\xml4\ RSI0004.JPG
`
`       STANDARD CHARACTERS
`       OR EQUIVALENT
`
`NO
`
`GOODS AND/OR SERVICES SECTION (018)(current)
`
`       
`       
`

`

`INTERNATIONAL CLASS
`
`018
`
`DESCRIPTION
`
`FILING BASIS
`
`FILING BASIS
`
`        FOREIGN APPLICATION NUMBER
`
`       FOREIGN APPLICATION
`COUNTRY/REGION/JURISDICTION/U.S. TERRITORY
`
`        FOREIGN FILING DATE
`
`backpacks; wallets; duffel bags; luggage; handbags
`
`Section 1(b)
`
`Section 44(d)
`
`078015
`
`Jamaica
`
`06/24/2019
`
`GOODS AND/OR SERVICES SECTION (018)(proposed)
`
`INTERNATIONAL CLASS
`
`018
`
`DESCRIPTION
`
`        WEBPAGE URL
`
`        WEBPAGE DATE OF ACCESS
`
`FILING BASIS
`
`       FOREIGN APPLICATION NUMBER
`
`       FOREIGN APPLICATION
`COUNTRY/REGION/JURISDICTION/U.S. TERRITORY
`
`       FOREIGN FILING DATE
`
`       INTENT TO
`       PERFECT 44(d)
`
`DELETED FILING BASIS
`
`FILING BASIS
`
`       FOREIGN REGISTRATION NUMBER
`
`       FOREIGN REGISTRATION
`       COUNTRY/REGION/JURISDICTION/U.S. TERRITORY
`
`       FOREIGN REGISTRATION
`       DATE
`
`       FOREIGN REGISTRATION FILE NAME(S)
`
`       ORIGINAL PDF FILE
`
`       CONVERTED PDF FILE(S)
`       (3 pages)
`
`backpacks; wallets; duffel bags; luggage; handbags
`
`None Provided
`
`None Provided
`
`Section 44(d)
`
`78015
`
`Jamaica
`
`06/24/2019
`
`At this time, the applicant intends to rely on Section 44(e) as a basis for registration
`and requests that the application be suspended to await the submission of the foreign
`registration. If ultimately the applicant does not rely on §44(e) as a basis for
`registration, a valid claim of priority may be retained.
`
`1(b)
`
`Section 44(e)
`
`78015
`
`Jamaica
`
`10/05/2020
`
`FRU1-38982204-171054812_. __Cert_Reg._No._78015__T1
`_Design_C_09_14_18_25_32_ 35_38_41_JM.pdf
`
`\\TICRS\EXPORT18\IMAGEOUT 18\886\779\88677966\xml4\ RSI0005.JPG
`
`\\TICRS\EXPORT18\IMAGEOUT 18\886\779\88677966\xml4\ RSI0006.JPG
`
`\\TICRS\EXPORT18\IMAGEOUT 18\886\779\88677966\xml4\ RSI0007.JPG
`
`       STANDARD CHARACTERS
`       OR EQUIVALENT
`
`NO
`
`GOODS AND/OR SERVICES SECTION (025)(current)
`
`INTERNATIONAL CLASS
`
`DESCRIPTION
`
`025
`
`Clothing, namely, polo shirts, sleeveless pullovers, blouses, sleeveless blouses, t-shirts, waistcoats, jerseys, frocks, bathing suits, swimwear,
`sports jackets, stadium vests, rompers, braces for clothing; shirts; knitwear in the nature of knit tops, knit bottoms, knit dresses, knit jackets,
`
`       
`       
`

`

`knit shirts, knit skirts, and polo knit tops; pullovers; slipovers; vests; singlets; tee-shirts; sleeveless jerseys, dresses; skirts; underwear;
`swimsuits; bath robes; shorts; trousers; sweaters; sashes for wear; scarves, shawls; tracksuits; sweatshirts; jackets, sports jackets, stadium
`jackets in the nature of football and soccer bibs; blazers; waterproof clothing, namely, waterproof footwear, jackets, and pants; coats; uniforms;
`neckties; bandanas; wrist bands; headbands; gloves; aprons; bibs not of paper; pajamas; play suits for infants and children; headgear, namely,
`bonnets, cap peaks, and knitted caps; sports caps; hats; caps with visors; shoes and footwear; socks and stockings; garters; belts for clothing;
`suspenders
`
`FILING BASIS
`
`FILING BASIS
`
`        FOREIGN APPLICATION NUMBER
`
`       FOREIGN APPLICATION
`COUNTRY/REGION/JURISDICTION/U.S. TERRITORY
`
`        FOREIGN FILING DATE
`
`Section 1(b)
`
`Section 44(d)
`
`078015
`
`Jamaica
`
`06/24/2019
`
`GOODS AND/OR SERVICES SECTION (025)(proposed)
`
`INTERNATIONAL CLASS
`
`DESCRIPTION
`
`025
`
`Clothing, namely, polo shirts, sleeveless pullovers, blouses, sleeveless blouses, t-shirts, waistcoats, jerseys, frocks, bathing suits, swimwear,
`sports jackets, stadium vests, rompers, braces for clothing; shirts; knitwear in the nature of knit tops, knit bottoms, knit dresses, knit jackets,
`knit shirts, knit skirts, and polo knit tops; pullovers; slipovers; vests; singlets; tee-shirts; sleeveless jerseys, dresses; skirts; underwear;
`swimsuits; bath robes; shorts; trousers; sweaters; sashes for wear; scarves, shawls; tracksuits; sweatshirts; jackets, sports jackets, stadium
`jackets in the nature of football and soccer bibs; blazers; waterproof clothing, namely, waterproof footwear, jackets, and pants; coats; uniforms;
`neckties; bandanas; wrist bands; headbands; gloves; aprons; bibs not of paper; pajamas; play suits for infants and children; headgear, namely,
`bonnets, cap peaks, and knitted caps; sports caps; hats; caps with visors; shoes and footwear; socks and stockings; garters; belts for clothing;
`suspenders
`
`        WEBPAGE URL
`
`        WEBPAGE DATE OF ACCESS
`
`FILING BASIS
`
`       FOREIGN APPLICATION NUMBER
`
`       FOREIGN APPLICATION
`COUNTRY/REGION/JURISDICTION/U.S. TERRITORY
`
`       FOREIGN FILING DATE
`
`       INTENT TO
`       PERFECT 44(d)
`
`DELETED FILING BASIS
`
`FILING BASIS
`
`       FOREIGN REGISTRATION NUMBER
`
`       FOREIGN REGISTRATION
`       COUNTRY/REGION/JURISDICTION/U.S. TERRITORY
`
`       FOREIGN REGISTRATION
`       DATE
`
`       FOREIGN REGISTRATION FILE NAME(S)
`
`       ORIGINAL PDF FILE
`
`       CONVERTED PDF FILE(S)
`       (3 pages)
`
`None Provided
`
`None Provided
`
`Section 44(d)
`
`78015
`
`Jamaica
`
`06/24/2019
`
`At this time, the applicant intends to rely on Section 44(e) as a basis for registration
`and requests that the application be suspended to await the submission of the foreign
`registration. If ultimately the applicant does not rely on §44(e) as a basis for
`registration, a valid claim of priority may be retained.
`
`1(b)
`
`Section 44(e)
`
`78015
`
`Jamaica
`
`10/05/2020
`
`FRU2-38982204-171054812_. __Cert_Reg._No._78015__T1
`_Design_C_09_14_18_25_32_ 35_38_41_JM.pdf
`
`\\TICRS\EXPORT18\IMAGEOUT 18\886\779\88677966\xml4\ RSI0008.JPG
`
`\\TICRS\EXPORT18\IMAGEOUT 18\886\779\88677966\xml4\ RSI0009.JPG
`
`       
`

`

`\\TICRS\EXPORT18\IMAGEOUT 18\886\779\88677966\xml4\ RSI0010.JPG
`
`       STANDARD CHARACTERS
`       OR EQUIVALENT
`
`NO
`
`GOODS AND/OR SERVICES SECTION (028)(current)
`
`INTERNATIONAL CLASS
`
`DESCRIPTION
`
`028
`
`Video game devices, namely, video game consoles, gaming headsets adapted for use in playing video games, game controllers for computer
`games and for game consoles
`
`FILING BASIS
`
`FILING BASIS
`
`        FOREIGN APPLICATION NUMBER
`
`       FOREIGN APPLICATION
`COUNTRY/REGION/JURISDICTION/U.S. TERRITORY
`
`        FOREIGN FILING DATE
`
`Section 1(b)
`
`Section 44(d)
`
`078015
`
`Jamaica
`
`06/24/2019
`
`GOODS AND/OR SERVICES SECTION (028)(proposed)
`
`INTERNATIONAL CLASS
`
`DESCRIPTION
`
`028
`
`Video game devices, namely, video game consoles, gaming headsets adapted for use in playing video games, game controllers for computer
`games and for game consoles
`
`        WEBPAGE URL
`
`        WEBPAGE DATE OF ACCESS
`
`FILING BASIS
`
`       FOREIGN APPLICATION NUMBER
`
`       FOREIGN APPLICATION
`COUNTRY/REGION/JURISDICTION/U.S. TERRITORY
`
`       FOREIGN FILING DATE
`
`       INTENT TO
`       PERFECT 44(d)
`
`DELETED FILING BASIS
`
`FILING BASIS
`
`       FOREIGN REGISTRATION NUMBER
`
`       FOREIGN REGISTRATION
`       COUNTRY/REGION/JURISDICTION/U.S. TERRITORY
`
`       FOREIGN REGISTRATION
`       DATE
`
`       FOREIGN REGISTRATION FILE NAME(S)
`
`       ORIGINAL PDF FILE
`
`       CONVERTED PDF FILE(S)
`       (3 pages)
`
`None Provided
`
`None Provided
`
`Section 44(d)
`
`78015
`
`Jamaica
`
`06/24/2019
`
`At this time, the applicant intends to rely on Section 44(e) as a basis for registration
`and requests that the application be suspended to await the submission of the foreign
`registration. If ultimately the applicant does not rely on §44(e) as a basis for
`registration, a valid claim of priority may be retained.
`
`1(b)
`
`Section 44(e)
`
`78015
`
`Jamaica
`
`10/05/2020
`
`FRU3-38982204-171054812_. __Cert_Reg._No._78015__T1
`_Design_C_09_14_18_25_32_ 35_38_41_JM.pdf
`
`\\TICRS\EXPORT18\IMAGEOUT 18\886\779\88677966\xml4\ RSI0011.JPG
`
`\\TICRS\EXPORT18\IMAGEOUT 18\886\779\88677966\xml4\ RSI0012.JPG
`
`\\TICRS\EXPORT18\IMAGEOUT 18\886\779\88677966\xml4\ RSI0013.JPG
`
`       
`       
`       
`

`

`       STANDARD CHARACTERS
`       OR EQUIVALENT
`
`NO
`
`GOODS AND/OR SERVICES SECTION (032)(current)
`
`INTERNATIONAL CLASS
`
`DESCRIPTION
`
`032
`
`Non-alcoholic beverages, namely, soft drinks, energy drinks, sports drinks, and fruit juice drinks
`
`FILING BASIS
`
`FILING BASIS
`
`        FOREIGN APPLICATION NUMBER
`
`       FOREIGN APPLICATION
`COUNTRY/REGION/JURISDICTION/U.S. TERRITORY
`
`        FOREIGN FILING DATE
`
`Section 1(b)
`
`Section 44(d)
`
`078015
`
`Jamaica
`
`06/24/2019
`
`GOODS AND/OR SERVICES SECTION (032)(proposed)
`
`INTERNATIONAL CLASS
`
`DESCRIPTION
`
`032
`
`Non-alcoholic beverages, namely, soft drinks, energy drinks, sports drinks, and fruit juice drinks
`
`        WEBPAGE URL
`
`        WEBPAGE DATE OF ACCESS
`
`FILING BASIS
`
`       FOREIGN APPLICATION NUMBER
`
`       FOREIGN APPLICATION
`COUNTRY/REGION/JURISDICTION/U.S. TERRITORY
`
`       FOREIGN FILING DATE
`
`       INTENT TO
`       PERFECT 44(d)
`
`DELETED FILING BASIS
`
`FILING BASIS
`
`       FOREIGN REGISTRATION NUMBER
`
`       FOREIGN REGISTRATION
`       COUNTRY/REGION/JURISDICTION/U.S. TERRITORY
`
`       FOREIGN REGISTRATION
`       DATE
`
`       FOREIGN REGISTRATION FILE NAME(S)
`
`       ORIGINAL PDF FILE
`
`       CONVERTED PDF FILE(S)
`       (3 pages)
`
`None Provided
`
`None Provided
`
`Section 44(d)
`
`78015
`
`Jamaica
`
`06/24/2019
`
`At this time, the applicant intends to rely on Section 44(e) as a basis for registration
`and requests that the application be suspended to await the submission of the foreign
`registration. If ultimately the applicant does not rely on §44(e) as a basis for
`registration, a valid claim of priority may be retained.
`
`1(b)
`
`Section 44(e)
`
`78015
`
`Jamaica
`
`10/05/2020
`
`FRU4-38982204-171054812_. __Cert_Reg._No._78015__T1
`_Design_C_09_14_18_25_32_ 35_38_41_JM.pdf
`
`\\TICRS\EXPORT18\IMAGEOUT 18\886\779\88677966\xml4\ RSI0014.JPG
`
`\\TICRS\EXPORT18\IMAGEOUT 18\886\779\88677966\xml4\ RSI0015.JPG
`
`\\TICRS\EXPORT18\IMAGEOUT 18\886\779\88677966\xml4\ RSI0016.JPG
`
`       STANDARD CHARACTERS
`       OR EQUIVALENT
`
`NO
`
`       
`       
`

`

`GOODS AND/OR SERVICES SECTION (035)(current)
`
`INTERNATIONAL CLASS
`
`DESCRIPTION
`
`035
`
`Advertising services; marketing services; advertising, marketing, and promoting the goods and services of others in relation to video games
`and electronic sports; distribution of advertising, marketing and promotional material; provision of advertising space, time and media, namely,
`rental of advertising space and rental of advertising time on communications media; promotional sponsorship of electronic sports events,
`competitions, and tournaments; retail store services and online retail store services featuring clothing, footwear, headgear, sports articles,
`stationery, apparatus for recording, transmission and reproduction of sound and images, books, newspapers, magazines, publications, video
`games, toys, dolls, badges of all kinds, key rings, tickets, watches and jewelry, bags, luggage, briefcases, umbrellas, flags and pennants,
`alcoholic and non-alcoholic beverages, confectionery, interactive entertainment and education products, interactive compact disks, CD-ROMs
`and computer games, downloadable mobile applications, and computer programs
`
`FILING BASIS
`
`FILING BASIS
`
`        FOREIGN APPLICATION NUMBER
`
`       FOREIGN APPLICATION
`COUNTRY/REGION/JURISDICTION/U.S. TERRITORY
`
`        FOREIGN FILING DATE
`
`Section 1(b)
`
`Section 44(d)
`
`078015
`
`Jamaica
`
`06/24/2019
`
`GOODS AND/OR SERVICES SECTION (035)(proposed)
`
`INTERNATIONAL CLASS
`
`DESCRIPTION
`
`035
`
`Advertising services; marketing services; advertising, marketing, and promoting the goods and services of others in relation to video games
`and electronic sports; distribution of advertising, marketing and promotional material; provision of advertising space, time and media, namely,
`rental of advertising space and rental of advertising time on communications media; promotional sponsorship of electronic sports events,
`competitions, and tournaments; retail store services and online retail store services featuring clothing, footwear, headgear, sports articles,
`stationery, apparatus for recording, transmission and reproduction of sound and images, books, newspapers, magazines, publications, video
`games, toys, dolls, badges of all kinds, key rings, tickets, watches and jewelry, bags, luggage, briefcases, umbrellas, flags and pennants,
`alcoholic and non-alcoholic beverages, confectionery, interactive entertainment and education products, interactive compact disks, CD-ROMs
`and computer games, downloadable mobile applications, and computer programs
`
`        WEBPAGE URL
`
`        WEBPAGE DATE OF ACCESS
`
`FILING BASIS
`
`       FOREIGN APPLICATION NUMBER
`
`       FOREIGN APPLICATION
`COUNTRY/REGION/JURISDICTION/U.S. TERRITORY
`
`       FOREIGN FILING DATE
`
`       INTENT TO
`       PERFECT 44(d)
`
`DELETED FILING BASIS
`
`FILING BASIS
`
`       FOREIGN REGISTRATION NUMBER
`
`       FOREIGN REGISTRATION
`       COUNTRY/REGION/JURISDICTION/U.S. TERRITORY
`
`       FOREIGN REGISTRATION
`       DATE
`
`       FOREIGN REGISTRATION FILE NAME(S)
`
`None Provided
`
`None Provided
`
`Section 44(d)
`
`78015
`
`Jamaica
`
`06/24/2019
`
`At this time, the applicant intends to rely on Section 44(e) as a basis for registration
`and requests that the application be suspended to await the submission of the foreign
`registration. If ultimately the applicant does not rely on §44(e) as a basis for
`registration, a valid claim of priority may be retained.
`
`1(b)
`
`Section 44(e)
`
`78015
`
`Jamaica
`
`10/05/2020
`
`

`

`       ORIGINAL PDF FILE
`
`       CONVERTED PDF FILE(S)
`       (3 pages)
`
`FRU5-38982204-171054812_. __Cert_Reg._No._78015__T1
`_Design_C_09_14_18_25_32_ 35_38_41_JM.pdf
`
`\\TICRS\EXPORT18\IMAGEOUT 18\886\779\88677966\xml4\ RSI0017.JPG
`
`\\TICRS\EXPORT18\IMAGEOUT 18\886\779\88677966\xml4\ RSI0018.JPG
`
`\\TICRS\EXPORT18\IMAGEOUT 18\886\779\88677966\xml4\ RSI0019.JPG
`
`       STANDARD CHARACTERS
`       OR EQUIVALENT
`
`NO
`
`GOODS AND/OR SERVICES SECTION (038)(current)
`
`INTERNATIONAL CLASS
`
`DESCRIPTION
`
`038
`
`video, audio and television streaming services; video, audio and television streaming services featuring electronic sports; broadcasting of
`audiovisual and multimedia content via the Internet; streaming audio and video material on the Internet; electronic network communications,
`namely, information and data transmission via electronic network communications; digital communications services, namely, transmission and
`delivery of electronic sports events, competitions, and tournaments, and entertainment events via the internet; telecommunications services
`between computer networks, namely, communications between computer networks; electronic transfer of information and data via online
`services and the Internet; providing Internet chat rooms, Internet forums and electronic bulletin boards for transmission of messages among
`computer users in relation to electronic sports; data communication by electronic means being electronic data transmission; provision of user
`access to a global computer network
`
`FILING BASIS
`
`FILING BASIS
`
`        FOREIGN APPLICATION NUMBER
`
`       FOREIGN APPLICATION
`COUNTRY/REGION/JURISDICTION/U.S. TERRITORY
`
`        FOREIGN FILING DATE
`
`Section 1(b)
`
`Section 44(d)
`
`078015
`
`Jamaica
`
`06/24/2019
`
`GOODS AND/OR SERVICES SECTION (038)(proposed)
`
`INTERNATIONAL CLASS
`
`DESCRIPTION
`
`038
`
`video, audio and television streaming services; video, audio and television streaming services featuring electronic sports; broadcasting of
`audiovisual and multimedia content via the Internet; streaming audio and video material on the Internet; electronic network communications,
`namely, information and data transmission via electronic network communications; digital communications services, namely, transmission and
`delivery of electronic sports events, competitions, and tournaments, and entertainment events via the internet; telecommunications services
`between computer networks, namely, communications between computer networks; electronic transfer of information and data via online
`services and the Internet; providing Internet chat rooms, Internet forums and electronic bulletin boards for transmission of messages among
`computer users in relation to electronic sports; data communication by electronic means being electronic data transmission; provision of user
`access to a global computer network
`
`        WEBPAGE URL
`
`        WEBPAGE DATE OF ACCESS
`
`FILING BASIS
`
`       FOREIGN APPLICATION NUMBER
`
`       FOREIGN APPLICATION
`COUNTRY/REGION/JURISDICTION/U.S. TERRITORY
`
`       FOREIGN FILING DATE
`
`       INTENT TO
`       PERFECT 44(d)
`
`None Provided
`
`None Provided
`
`Section 44(d)
`
`78015
`
`Jamaica
`
`06/24/2019
`
`At this time, the applicant intends to rely on Section 44(e) as a basis for registration
`and requests that the application be suspended to await the submission of the foreign
`registration. If ultimately the applicant does not rely on §44(e) as a basis for
`registration, a valid claim of priority may be retained.
`
`       
`       
`

`

`DELETED FILING BASIS
`
`FILING BASIS
`
`       FOREIGN REGISTRATION NUMBER
`
`       FOREIGN REGISTRATION
`       COUNTRY/REGION/JURISDICTION/U.S. TERRITORY
`
`       FOREIGN REGISTRATION
`       DATE
`
`       FOREIGN REGISTRATION FILE NAME(S)
`
`1(b)
`
`Section 44(e)
`
`78015
`
`Jamaica
`
`10/05/2020
`
`       ORIGINAL PDF FILE
`
`       CONVERTED PDF FILE(S)
`       (3 pages)
`
`FRU6-38982204-171054812_. __Cert_Reg._No._78015__T1
`_Design_C_09_14_18_25_32_ 35_38_41_JM.pdf
`
`\\TICRS\EXPORT18\IMAGEOUT 18\886\779\88677966\xml4\ RSI0020.JPG
`
`\\TICRS\EXPORT18\IMAGEOUT 18\886\779\88677966\xml4\ RSI0021.JPG
`
`\\TICRS\EXPORT18\IMAGEOUT 18\886\779\88677966\xml4\ RSI0022.JPG
`
`       STANDARD CHARACTERS
`       OR EQUIVALENT
`
`NO
`
`GOODS AND/OR SERVICES SECTION (041)(current)
`
`INTERNATIONAL CLASS
`
`DESCRIPTION
`
`041
`
`Entertainment services, namely, organizing and conducting events, competitions, seminars, and tournaments in the fields of electronic sports,
`video games, computer games, computers, and gaming; arranging, organizing and conducting exhibitions for entertainment purposes; digital
`video, audio and multimedia entertainment publishing services; live entertainment production services, namely, live electronic sports events,
`competitions, and tournaments; electronic games services provided by means of the Internet
`
`FILING BASIS
`
`FILING BASIS
`
`        FOREIGN APPLICATION NUMBER
`
`       FOREIGN APPLICATION
`COUNTRY/REGION/JURISDICTION/U.S. TERRITORY
`
`        FOREIGN FILING DATE
`
`Section 1(b)
`
`Section 44(d)
`
`078015
`
`Jamaica
`
`06/24/2019
`
`GOODS AND/OR SERVICES SECTION (041)(proposed)
`
`INTERNATIONAL CLASS
`
`DESCRIPTION
`
`041
`
`Entertainment services, namely, organizing and conducting events, competitions, seminars, and tournaments in the fields of electronic sports,
`video games, computer games, computers, and gaming; arranging, organizing and conducting exhibitions for entertainment purposes; digital
`video, audio and multimedia entertainment publishing services; live entertainment production services, namely, live electronic sports events,
`competitions, and tournaments; electronic games services provided by means of the Internet
`
`        WEBPAGE URL
`
`        WEBPAGE DATE OF ACCESS
`
`FILING BASIS
`
`       FOREIGN APPLICATION NUMBER
`
`       FOREIGN APPLICATION
`COUNTRY/REGION/JURISDICTION/U.S. TERRITORY
`
`       FOREIGN FILING DATE
`
`None Provided
`
`None Provided
`
`Section 44(d)
`
`78015
`
`Jamaica
`
`06/24/2019
`
`At this time, the applicant intends to rely on Section 44(e) as a basis for registration
`
`       
`       
`

`

`       INTENT TO
`       PERFECT 44(d)
`
`DELETED FILING BASIS
`
`FILING BASIS
`
`       FOREIGN REGISTRATION NUMBER
`
`       FOREIGN REGISTRATION
`       COUNTRY/REGION/JURISDICTION/U.S. TERRITORY
`
`       FOREIGN REGISTRATION
`       DATE
`
`       FOREIGN REGISTRATION FILE NAME(S)
`
`       ORIGINAL PDF FILE
`
`       CONVERTED PDF FILE(S)
`       (3 pages)
`
`and requests that the application be suspended to await the submission of the foreign
`registration. If ultimately the applicant does not rely on §44(e) as a basis for
`registration, a valid claim of priority may be retained.
`
`1(b)
`
`Section 44(e)
`
`78015
`
`Jamaica
`
`10/05/2020
`
`FRU7-38982204-171054812_. __Cert_Reg._No._78015__T1
`_Design_C_09_14_18_25_32_ 35_38_41_JM.pdf
`
`\\TICRS\EXPORT18\IMAGEOUT 18\886\779\88677966\xml4\ RSI0023.JPG
`
`\\TICRS\EXPORT18\IMAGEOUT 18\886\779\88677966\xml4\ RSI0024.JPG
`
`\\TICRS\EXPORT18\IMAGEOUT 18\886\779\88677966\xml4\ RSI0025.JPG
`
`       STANDARD CHARACTERS
`       OR EQUIVALENT
`
`NO
`
`CORRESPONDENCE INFORMATION (current)
`
`NAME
`
`Matthew A. Homyk
`
`PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE
`
`mhomyk@blankrome.com
`
`SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) NOT PROVIDED
`
`CORRESPONDENCE INFORMATION (proposed)
`
`NAME
`
`Matthew A. Homyk
`
`PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE
`
`mhomyk@blankrome.com
`
`SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) NOT PROVIDED
`
`DOCKET/REFERENCE NUMBER
`
`111058-00207
`
`SIGNATURE SECTION
`
`DECLARATION SIGNATURE
`
`SIGNATORY'S NAME
`
`SIGNATORY'S POSITION
`
`SIGNATORY'S PHONE NUMBER
`
`DATE SIGNED
`
`SIGNATURE METHOD
`
`RESPONSE SIGNATURE
`
`SIGNATORY'S NAME
`
`SIGNATORY'S POSITION
`
`/matthew homyk/
`
`Matthew A. Homyk
`
`Attorney of record, Pennsylvania bar member
`
`215-569-5360
`
`02/25/2021
`
`Signed directly within the form
`
`/matthew homyk/
`
`Matthew A. Homyk
`
`Attorney of record, Pennsylvania bar member
`
`SIGNATORY'S PHONE NUMBER
`
`DATE SIGNED
`
`215-569-5360
`
`02/25/2021
`
`ROLE OF AUTHORIZED SIGNATORY
`
`Authorized U.S.-Licensed Attorney
`
`       
`       
`

`

`SIGNATURE METHOD
`
`Signed directly within the form
`
`FILING INFORMATION SECTION
`
`SUBMIT DATE
`
`TEAS STAMP
`
`Thu Feb 25 17:17:32 ET 2021
`
`USPTO/RSI-XX.XX.XXX.X-202
`10225171732441110-8867796
`6-770128cdb9aa338657792c1
`e373a41838e6b492ba022eb1f
`22d98f7cfca793bd6-N/A-N/A
`-20210225171054812892
`
`PTO- 1822
`
`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 Suspension Inquiry or Letter of Suspension
`To the Commissioner for Trademarks:
`
`Application serial no. 88677966 T1 (Stylized and/or with Design, see https://tmng-al.uspto.gov/resting2/api/img/88677966/large) has been
`amended as follows:
`CANCELLATION PROCEEDING(S)
`Cancellation No(s). 92074890 and 92074891 has/have been terminated. The applicant hereby requests removal of this application from
`suspension for further action by the examining attorney.
`Comment(s)/Remark(s):
`
`Applicant acquired U.S. Registration No. 3307704, which had been cited as a basis for a Section 2(d) refusal. Additionally, Applicant entered
`into the enclosed consent agreement with the owner of U.S. Registration No. 1354163, wherein the owner of U.S. Registration No. 1354163
`consents to Applicant's registration of its mark. In view of the acquisition of U.S. Registration No. 3307704, the enclosed consent agreement
`between Applicant and the owner of U.S. Registration No. 1354163, and the amendments to the identification of goods and recitation of services,
`Applicant requests that the Section 2(d) refusal be withdrawn and that its application be approved for publication. In the event that the Examining
`Attorney still maintains that a likelihood of confusion exists due to U.S. Registration No. 5303099, Applicant requests that examination of its
`application be suspended pending the outcome of a Petition for Cancellation filed today by Applicant against U.S. Registration No. 5303099.
`
`Original PDF file:
`CAR_38982204-171054812_._ Rheingold_consent_agreeme nt.pdf
`Converted PDF file(s) (5 pages)
`Cancellation File1
`Cancellation File2
`Cancellation File3
`Cancellation File4
`Cancellation File5
`CLASSIFICATION AND LISTING OF GOODS/SERVICES
`Applicant proposes to amend the following class of goods/services in the application:
`Current: Class 009 for downloadable audio recordings featuring music and video game playing with player commentary and narration;
`downloadable video recordings featuring video game playing with player commentary and narration; downloadable audio and video recordings
`featuring video game playing with player commentary and narration; pre-recorded video discs, compact discs, DVDs, and high definition digital
`discs featuring video games, documentaries about the field of electronic sports, and video recordings of electronic sports competitions and
`tournaments; video games discs; downloadable computer game software; downloadable mobile video game applications for smartphones and
`tablet computers; downloadable mobile applications for smartphones and tablet computers that allow streaming, downloading, and viewing of
`audiovisual and multimedia content in the field of video gaming and electronic sports; computers; smartphones; video game devices, namely,
`virtual reality headsets; downloadable electronic publications, namely, books, magazines, newspapers, periodicals, and newsletters featuring
`video games, electronic sports, and electronic sports competitions and tournaments; downloadable music files
`Original Filing Basis:
`Filing Basis: Section 1(b), Intent to Use: The applicant has had a bona fide intention to use or use through the applicant's related company or
`licensee the mark in commerce on or in connection with the identified goods and/or services as of the filing date of the application. (15 U.S.C.
`
`

`

`Section 1051(b)).
`
`Filing Basis: Section 44(d), Priority based on foreign filing: Applicant has had a bona fide intention to use the mark in commerce on or in
`connection with the identified goods and/or services, and asserts a claim of priority based on [Jamaica application number 078015 filed
`06/24/2019]. 15 U.S.C.Section 1126(d), as amended.
`
`Proposed: Class 009 for downloadable audio recordings featuring music and video game playing with player commentary and narration;
`downloadable video recordings featuring video game playing with player commentary and narration; downloadable audio and video recordings
`featuring video game playing with player commentary and narration; pre-recorded video discs, compact discs, DVDs, and high definition digital
`discs featuring video games, documentaries about the field of electronic sports, and video recordings of electronic sports competitions and
`tournaments; video games discs; downloadable computer game software; downloadable mobile video game applications for smartphones and
`tablet computers; downloadable mobile applications for smartphones and tablet computers that allow streaming, downloading, and viewing of
`audiovisual and multimedia content in the field of video gaming and electronic sports; computers; smartphones; video game devices, namely,
`virtual reality headsets; downloadable electronic publications, namely, books, magazines, n