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To: Zovolt Limited (brad@rsindy.

com)
Subject: U.S. Trademark Application Serial No. 88576377 - SUBVERSE - N/A
Sent: December 01, 2019 03:24:23 PM
Sent As: ecom127@uspto.gov
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United States Patent and Trademark Office (USPTO)


Office Action (Official Letter) About Applicant’s Trademark Application

U.S. Application
Serial No.
88576377

Mark:
SUBVERSE

Correspondence
Address:
BRADLEY M.
STOHRY
REICHEL
STOHRY LLP
212 W. 10TH
ST., SUITE
A-285
INDIANAPOLIS,
IN 46202

Applicant:
Zovolt Limited

Reference/Docket
No. N/A

Correspondence
Email Address:

brad@rsindy.com

NONFINAL OFFICE ACTION

The USPTO must receive applicant’s response to this letter within six months of the issue date below or the application will be abandoned.
Respond using the Trademark Electronic Application System (TEAS). A link to the appropriate TEAS response form appears at the end of this
Office action.

Issue date: December 01, 2019

The referenced application has been reviewed by the assigned trademark examining attorney. Applicant must respond timely and completely to
the issues below. 15 U.S.C. §1062(b); 37 .F.R. §§2.62(a), 2.65(a); TMEP §§711, 718.03.

SUMMARY OF ISSUES:
Section 2(d) Refusal – Likelihood of Confusion
Identification of Goods and Services
Foreign Registration Required When Available

SECTION 2(d) REFUSAL – LIKELIHOOD OF CONFUSION

Registration of the applied-for mark is refused because of a likelihood of confusion with the marks in U.S. Registration Nos. 5181076, 3271966,
3267851, 5618510, and 4795196. Trademark Act Section 2(d), 15 U.S.C. §1052(d); see TMEP §§1207.01 et seq. See the attached registrations.

Trademark Act Section 2(d) bars registration of an applied-for mark that is so similar to a registered mark that it is likely consumers would be
confused, mistaken, or deceived as to the commercial source of the goods and/or services of the parties. See 15 U.S.C. §1052(d). Likelihood of
confusion is determined on a case-by-case basis by applying the factors set forth in In re E. I. du Pont de Nemours & Co., 476 F.2d 1357, 1361,
177 USPQ 563, 567 (C.C.P.A. 1973) (called the “ du Pont factors”). In re i.am.symbolic, llc, 866 F.3d 1315, 1322, 123 USPQ2d 1744, 1747
(Fed. Cir. 2017). Only those factors that are “relevant and of record” need be considered. M2 Software, Inc. v. M2 Commc’ns, Inc., 450 F.3d
1378, 1382, 78 USPQ2d 1944, 1947 (Fed. Cir. 2006) (citing Shen Mfg. Co. v. Ritz Hotel Ltd., 393 F.3d 1238, 1241, 73 USPQ2d 1350, 1353 (Fed.
Cir. 2004)); see In re Inn at St. John’s, LLC , 126 USPQ2d 1742, 1744 (TTAB 2018).

Although not all du Pont factors may be relevant, there are generally two key considerations in any likelihood of confusion analysis: (1) the
similarities between the compared marks and (2) the relatedness of the compared goods and/or services. See In re i.am.symbolic, llc, 866 F.3d at
1322, 123 USPQ2d at 1747 (quoting Herbko Int’l, Inc. v. Kappa Books, Inc., 308 F.3d 1156, 1164-65, 64 USPQ2d 1375, 1380 (Fed. Cir. 2002));
Federated Foods, Inc. v. Fort Howard Paper Co., 544 F.2d 1098, 1103, 192 USPQ 24, 29 (C.C.P.A. 1976) (“The fundamental inquiry mandated
by [Section] 2(d) goes to the cumulative effect of differences in the essential characteristics of the goods [or services] and differences in the
marks.”); TMEP §1207.01.

COMPARISON OF THE MARKS

Marks are compared in their entireties for similarities in appearance, sound, connotation, and commercial impression. Stone Lion Capital
Partners, LP v. Lion Capital LLP, 746 F.3d 1317, 1321, 110 USPQ2d 1157, 1160 (Fed. Cir. 2014) (quoting Palm Bay Imps., Inc. v. Veuve
Clicquot Ponsardin Maison Fondee En 1772, 396 F.3d 1369, 1371, 73 USPQ2d 1689, 1691 (Fed. Cir. 2005)); TMEP §1207.01(b)-(b)(v).
“Similarity in any one of these elements may be sufficient to find the marks confusingly similar.” In re Inn at St. John’s, LLC, 126 USPQ2d
1742, 1746 (TTAB 2018) (citing In re Davia, 110 USPQ2d 1810, 1812 (TTAB 2014)); TMEP §1207.01(b).

Here, the registered marks are SBVERSL (Reg. No. 5181076) in standard character form, SUBVERSION (Reg. No. 3271966) in standard
character form, SUBVERSION (Reg. No. 3267851) in standard character form, SUBVERT (Reg. No. 5618510) in standard character form, and
SUBVERT (Reg. No. 4795196) in standard character form.

The applied-for mark is SUBVERSE, also in standard character from.

When comparing marks, “[t]he proper test is not a side-by-side comparison of the marks, but instead whether the marks are sufficiently similar in
terms of their commercial impression such that [consumers] who encounter the marks would be likely to assume a connection between the
parties.” Cai v. Diamond Hong, Inc., __ F.3d __, 127 USPQ2d 1797, 1801 (Fed. Cir. 2018) (quoting Coach Servs., Inc. v. Triumph Learning
LLC, 668 F.3d 1356, 1368, 101 USPQ2d 1713, 1721 (Fed. Cir. 2012)); TMEP §1207.01(b). The proper focus is on the recollection of the
average purchaser, who retains a general rather than specific impression of trademarks. In re Inn at St. John’s, LLC, 126 USPQ2d 1742, 1746
(TTAB 2018) (citing In re St. Helena Hosp., 774 F.3d 747, 750-51, 113 USPQ2d 1082, 1085 (Fed. Cir. 2014); Geigy Chem. Corp. v. Atlas Chem.
Indus., Inc., 438 F.2d 1005, 1007, 169 USPQ 39, 40 (CCPA 1971)); TMEP §1207.01(b).

In this case, the applied-for and registered marks all share the highly similar wording “SUBVERSE”, “SUBVERT”, “SBVERSL”, and
“SUBVERSION”. Marks may be confusingly similar in appearance where similar terms or phrases or similar parts of terms or phrases appear in
the compared marks and create a similar overall commercial impression. See Crocker Nat’l Bank v. Canadian Imperial Bank of Commerce, 228
USPQ 689, 690-91 (TTAB 1986), aff’d sub nom. Canadian Imperial Bank of Commerce v. Wells Fargo Bank, Nat’l Ass’n , 811 F.2d 1490,
1495, 1 USPQ2d 1813, 1817 (Fed. Cir. 1987) (finding COMMCASH and COMMUNICASH confusingly similar); In re Corning Glass Works,
229 USPQ 65, 66 (TTAB 1985) (finding CONFIRM and CONFIRMCELLS confusingly similar); In re Pellerin Milnor Corp., 221 USPQ 558,
560 (TTAB 1983) (finding MILTRON and MILLTRONICS confusingly similar); TMEP §1207.01(b)(ii)-(iii).

With regard to the registered marks SUBVERSION (Reg. No. 3271966), SUBVERSION (Reg. No. 3267851), SUBVERT (Reg. No. 5618510),
and SUBVERT (Reg. No. 4795196), the applied-for and registered marks all share the same first term “SUBVER”. While the marks end with
different suffixes, this difference only minimally alters the sound and appearance of the applied-for mark’s “SUBVERSE” from the registered
marks’ “SUBVERSION” and “SUBVERT”. Similarly, while the registered mark SBVRSL (Reg. No. 5181076) omits all vowels from the
term, the mark would still be pronounced as “SUBVERSAL”, which is highly similar in sound to the applied-for mark’s SUBVERSE. Slight
differences in the sound of similar marks will not avoid a likelihood of confusion. In re Energy Telecomm. & Elec. Ass’n , 222 USPQ 350, 351
(TTAB 1983); see In re Viterra Inc., 671 F.3d 1358, 1367, 101 USPQ2d 1905, 1912 (Fed. Cir. 2012).

Similarly, consumer confusion has been held likely for marks that do not physically sound or look alike but that convey the same idea, stimulate
the same mental reaction, or may have the same overall meaning. Proctor & Gamble Co. v. Conway, 419 F.2d 1332, 1336, 164 USPQ 301, 304
(C.C.P.A. 1970) (holding MISTER STAIN likely to be confused with MR. CLEAN on competing cleaning products); see In re M. Serman & Co.,
223 USPQ 52, 53 (TTAB 1984) (holding CITY WOMAN for ladies’ blouses likely to be confused with CITY GIRL for a variety of female
clothing); H. Sichel Sohne, GmbH v. John Gross & Co., 204 USPQ 257, 260-61 (TTAB 1979) (holding BLUE NUN for wines likely to be
confused with BLUE CHAPEL for the same goods); Ralston Purina Co. v. Old Ranchers Canning Co., 199 USPQ 125, 128 (TTAB 1978)
(holding TUNA O’ THE FARM for canned chicken likely to be confused with CHICKEN OF THE SEA for canned tuna); Downtowner Corp. v.
Uptowner Inns, Inc., 178 USPQ 105, 109 (TTAB 1973) (holding UPTOWNER for motor inn and restaurant services likely to be confused with
DOWNTOWNER for the same services); TMEP §1207.01(b). Here, the applied-for and each of the registered marks each share the same overall
impression because each mark shares the connotation of “subversion” or subverting or undermining established systems or institutions.

As a result, the applied-for mark SUBVERSE and the registered marks SBVERSL (Reg. No. 5181076), SUBVERSION (Reg. No. 3271966),
SUBVERSION (Reg. No. 3267851), SUBVERT (Reg. No. 5618510), and SUBVERT (Reg. No. 4795196) are confusingly similar and share the
same overall commercial impression.

COMPARISON OF THE GOODS AND SERVICES

In a likelihood of confusion determination, the goods and/or services are compared to determine whether they are similar, commercially related,
or travel in the same trade channels. See Coach Servs., Inc. v. Triumph Learning LLC, 668 F.3d 1356, 1369-71, 101 USPQ2d 1713, 1722-23
(Fed. Cir. 2012); Herbko Int’l, Inc. v. Kappa Books, Inc., 308 F.3d 1156, 1165, 64 USPQ2d 1375, 1381 (Fed. Cir. 2002); TMEP §§1207.01,
1207.01(a)(vi).

The compared goods and/or services need not be identical or even competitive to find a likelihood of confusion. See On-line Careline Inc. v. Am.
Online Inc., 229 F.3d 1080, 1086, 56 USPQ2d 1471, 1475 (Fed. Cir. 2000); Recot, Inc. v. Becton, 214 F.3d 1322, 1329, 54 USPQ2d 1894, 1898
(Fed. Cir. 2000); TMEP §1207.01(a)(i). They need only be “related in some manner and/or if the circumstances surrounding their marketing are
such that they could give rise to the mistaken belief that [the goods and/or services] emanate from the same source.” Coach Servs., Inc. v.
Triumph Learning LLC, 668 F.3d 1356, 1369, 101 USPQ2d 1713, 1722 (Fed. Cir. 2012) (quoting 7-Eleven Inc. v. Wechsler, 83 USPQ2d 1715,
1724 (TTAB 2007)); TMEP §1207.01(a)(i).

Here, the applicant’s goods and services are identified as follows:

Class 009: 3D animation software;3D computer graphics software; AI software; Animated films; Animation software; Application
software for mobile devices; Application software for mobile phones; Application software for smart phones; Application software for
social networking services via internet; Artificial intelligence software; Augmented reality software; Augmented reality software for
simulation; Augmented reality software for use in mobile devices; Augmented reality software for use in mobile devices for integrating
electronic data with real world environments; Communication software for connecting computer network users; Communications
software; Computer application software; Computer application software featuring games and gaming; Computer application software for
mobile phones; Computer application software for mobile telephones; Computer application software for streaming audio-visual media
content via the internet; Computer application software for use with wearable computer devices; Computer e-commerce software to allow
users to perform electronic business transactions via a global computer network; Computer game cartridges; Computer game cassettes;
Computer game discs; Computer game programmes; Computer game programs; Computer game software; Computer game software,
downloadable; Computer game software downloadable from a global computer network; Computer game software for use on mobile and
cellular phones; Computer game software for use with on-line interactive games; Computer game software, recorded; Computer games;
Computer games entertainment software; Computer games programmes downloaded via the internet; Computer games programmes
downloaded via the internet;Computer games programmes for simulating financial securities trading;Computer games programmes;
Computer games programs; Computer games programs downloaded via the internet;Computer games programs recorded on tapes;
Computer games programs;Computer games software; Computer gaming software; Computer graphics software; Computer programmes
for interactive television and for interactive games and/or quizzes; Computer programmes for playing games; Computer programmes
stored in digital form; Computer programs for enabling access or entrance control; Computer programs for playing games; Computer
programs for pre-recorded games; Computer programs for processing digital music files; Computer programs for the enabling of access
or entrance control; Computer programs for using the internet and the worldwide web; Computer programs for video and computer
games; Computer software downloadable from the internet; Computer software downloaded from the internet; Computer software for
entertainment; Computer software for facilitating payment transactions by electronic means; Computer software for mobile phones;
Computer software for the administration of on-line games and gaming; Computer software in the field of electronic publishing;
Computer software supplied on the Internet; Computer software that permits games to be played; Computer software to enable the
provision of electronic media via the Internet; Covers for digital media players; Covers for smartphones; Covers for sunglasses; Displays
for smartphones; Downloadable applications for use with mobile devices; Downloadable computer game programs; Downloadable
computer game software; Downloadable computer game software via a global computer network and wireless devices; Downloadable
computer games; Downloadable game related software applications; Downloadable interactive entertainment software for playing
computer games; Downloadable interactive entertainment software for playing video games; Downloadable software applications;
Downloadable video game programs; Downloadable video game software; Electronic game programs; Electronic game software;
Electronic game software for handheld electronic devices; Electronic game software for mobile phones; Electronic game software for
wireless devices; Electronic publications, downloadable, relating to games and gaming; Encoded smart cards; Entertainment software;
File sharing software; Gambling software; Game development software; Game programs for arcade video game machines; Game
software; Games cartridges for use with electronic games apparatus; Games software; Games software for use with computers; Games
software for use with video game consoles; Gaming software; Gaming software that generates or displays wager outcomes of gaming
machines; Head-mounted display apparatus; Head-mounted holographic displays; Head-mounted video display apparatus; Head-mounted
video displays; Headsets for virtual reality games; Interactive computer game programs; Interactive entertainment software; Interactive
entertainment software for use with computers; Interactive entertainment software for use with personal computers; Interactive game
software; Interactive graphics screens; Interactive multimedia computer game program; Interactive multimedia computer game programs;
Interactive multimedia computer games programmes; Interactive multimedia game programs; Interactive multimedia software for playing
games; Interactive video game programs; Interactive video software; Labels with integrated RFID chips; Labels with machine-readable
codes; Laptop bags; Laptop carrying cases; Laptop covers; Laptop sleeves; Machine learning software; Media software; Media streaming
software; Mobile apps; Mobile app's; Mobile phone covers

Class 041: Entertainment Services; Organisation of games and competitions; Arranging and conducting of competitions; Electronic
desktop publishing; Games equipment rental; Layout services, other than for advertising purposes; Providing online electronic
publications, not downloadable; Electronic game services and competitions provided by means of the internet; Organization of electronic
game competitions; Providing electronic publications from a global computer network or the Internet, not downloadable; Multimedia
publishing; Publication of printed matter in electronic form on the Internet; Publication of printed matter; Video game entertainment
services; Provision of online computer games; Publication of computer games; Audio, video and multimedia production, and photography

Class 042: Development of computer hardware for computer games; Design and development of computer game software; Website
design services; Website design consultancy; Design, creation, hosting and maintenance of websites for others; Hosting of digital content,
namely, on-line journals and blogs; Providing temporary use of non-downloadable computer software for use in the creation and
publication of on-line journals and blogs

Determining likelihood of confusion is based on the description of the goods and/or services stated in the application and registration at issue, not
on extrinsic evidence of actual use. See In re Detroit Athletic Co., 903 F.3d 1297, 1307, 128 USPQ2d 1047, 1052 (Fed. Cir. 2018) (citing In re
i.am.symbolic, llc, 866 F.3d 1315, 1325, 123 USPQ2d 1744, 1749 (Fed. Cir. 2017)).

I. Comparison of the Services with SBVRSL (Reg. No. 5181076)

Registrant’s services for the registered mark SBVRSL (Reg. No. 5181076) are identified as “Providing a website featuring information in the
field of music and entertainment” in International Class 041.

In this case, the application uses broad wording to describe among its services “Entertainment services” in International Class 041, which
presumably encompasses all goods and/or services of the type described, including registrant’s more narrow identification for services providing
entertainment information via a website. See, e.g., In re Solid State Design Inc., 125 USPQ2d 1409, 1412-15 (TTAB 2018); Sw. Mgmt., Inc. v.
Ocinomled, Ltd., 115 USPQ2d 1007, 1025 (TTAB 2015). The applicant’s identification for entertainment services encompasses the registrant’s
narrower identification for providing entertainment information, which is a type of entertainment service. Thus, based on the description of the
services stated in the application and registration at issue, the registrant’s services are encompassed within the applicant’s services.

Additionally, the goods and/or services of the parties have no restrictions as to nature, type, channels of trade, or classes of purchasers and are
“presumed to travel in the same channels of trade to the same class of purchasers.” In re Viterra Inc., 671 F.3d 1358, 1362, 101 USPQ2d 1905,
1908 (Fed. Cir. 2012) (quoting Hewlett-Packard Co. v. Packard Press, Inc., 281 F.3d 1261, 1268, 62 USPQ2d 1001, 1005 (Fed. Cir. 2002)).
Thus, applicant’s and registrant’s services are related.

II. Comparison of the Services with SUBVERSION (Reg. No. 3271966)

Registrant’s services for the registered mark SUBVERSION (Reg. No. 3271966) are identified as “providing online information regarding
computer software development and design and related computer services; technical support services, namely, trouble shooting of computer
software problems” in International Class 042.

The attached Internet evidence from Engle Computer Service, SUMY Designs, Gravitate, and Dupont Creative establishes that entities that
provide website design services, website design consultancy, and design, creation, hosting, and maintenance of websites of others, like the
applicant, also provide technical support services in the nature of trouble shooting of computer software problems, like the registrant. This
evidence shows that applicant’s and registrant’s services are commonly available from a single source. Moreover, this evidence indicates that
the relevant consumers are likely accustomed to encountering website design services, website design consultancy, design, creation, hosting, and
maintenance of websites of others, and technical support services in the nature of trouble shooting of computer software problems emanating
from the same source and offered under the same mark. Thus, applicant’s and registrant’s services are considered related. See, e.g., In re
Davey Prods. Pty Ltd., 92 USPQ2d 1198, 1202-04 (TTAB 2009); In re Toshiba Med. Sys. Corp., 91 USPQ2d 1266, 1268-69, 1271-72 (TTAB
2009).

III. Comparison of the Goods with SUBVERSION (Reg. No. 3267851)

Registrant’s goods for the registered mark SUBVERSION (Reg. No. 3267851) are identified as “Computer software, namely, software
development tools; computer software for tracking changes and modifications to software and for managing software development projects;
computer software and computer software development tools for design and development of open-source and proprietary software programs” in
International Class 009.
As stated above, determining likelihood of confusion is based on the description of the goods and/or services stated in the application and
registration at issue, not on extrinsic evidence of actual use. See In re Detroit Athletic Co., 903 F.3d 1297, 1307, 128 USPQ2d 1047, 1052 (Fed.
Cir. 2018) (citing In re i.am.symbolic, llc, 866 F.3d 1315, 1325, 123 USPQ2d 1744, 1749 (Fed. Cir. 2017)).

In this case, the application uses broad wording to describe its various software goods. For example, the applicant has identified its goods as
“Computer software downloaded from the internet”, “ Computer software for mobile phones”, “Computer software supplied on the internet”,
“Application software for mobile devices”, “Application software for mobile phones”, “Application software for smart phones”, “Computer
application software”, “Computer application software for mobile phones”, “Computer application software for mobile telephones”,
“Computer application software for use with wearable computer devices”, which presumably encompasses all goods of the type described,
including registrant’s narrower identifications for computer software for performing specific tasks. See, e.g., In re Solid State Design Inc., 125
USPQ2d 1409, 1412-15 (TTAB 2018); Sw. Mgmt., Inc. v. Ocinomled, Ltd., 115 USPQ2d 1007, 1025 (TTAB 2015). The registrant’s narrower
identifications describe particular types of computer software that could be in the nature of application software, downloaded from the internet,
supplied on the internet, and used with mobile phones, mobile telephones, wearable computer devices, mobile devices, and smart phones. In
addition, the applicant’s broad identification for “AI software” and “Artificial intelligence software” further encompasses the registrant’s
narrower identifications for particular types of software, which could include AI or artificial intelligence software. Thus, based on the description
of the goods stated in the application and registration at issue, the registrant’s goods are encompassed within the applicant’s goods.

Additionally, the goods and/or services of the parties have no restrictions as to nature, type, channels of trade, or classes of purchasers and are
“presumed to travel in the same channels of trade to the same class of purchasers.” In re Viterra Inc., 671 F.3d 1358, 1362, 101 USPQ2d 1905,
1908 (Fed. Cir. 2012) (quoting Hewlett-Packard Co. v. Packard Press, Inc., 281 F.3d 1261, 1268, 62 USPQ2d 1001, 1005 (Fed. Cir. 2002)).
Thus, applicant’s and registrant’s goods are related.

IV. Comparison of the Goods with SUBVERT (Reg. No. 5618510)

Registrant’s goods for the registered mark SUBVERT (Reg. No. 5618510) are identified as “Interactive downloadable educational or
entertainment software in the nature of mobile game applications featuring stories in the field of science fiction, fiction, non- fiction, fiction,
horror, suspense, mystery, crime, comedy, action, drama, romance, and adventure” in International Class 009.

Determining likelihood of confusion is based on the description of the goods and/or services stated in the application and registration at issue, not
on extrinsic evidence of actual use. See In re Detroit Athletic Co., 903 F.3d 1297, 1307, 128 USPQ2d 1047, 1052 (Fed. Cir. 2018) (citing In re
i.am.symbolic, llc, 866 F.3d 1315, 1325, 123 USPQ2d 1744, 1749 (Fed. Cir. 2017)).

In this case, applicant has identified among its goods a variety of application software, game software, game software applications, and computer
software for mobile devices, mobile phones, smart phones, and mobile telephones, all of which encompasses the registrant’s narrower
identification for downloadable software in the nature of mobile game applications, which is merely a more specific type of the software
identified by applicant. See, e.g., In re Solid State Design Inc., 125 USPQ2d 1409, 1412-15 (TTAB 2018); Sw. Mgmt., Inc. v. Ocinomled, Ltd.,
115 USPQ2d 1007, 1025 (TTAB 2015). The applicant’s broad identifications for application software, game software, game software
applications, computer application software, and computer software for use with various devices thus encompasses the registrant’s identification
for a particular type of downloadable software or gaming software.

Additionally, the goods and/or services of the parties have no restrictions as to nature, type, channels of trade, or classes of purchasers and are
“presumed to travel in the same channels of trade to the same class of purchasers.” In re Viterra Inc., 671 F.3d 1358, 1362, 101 USPQ2d 1905,
1908 (Fed. Cir. 2012) (quoting Hewlett-Packard Co. v. Packard Press, Inc., 281 F.3d 1261, 1268, 62 USPQ2d 1001, 1005 (Fed. Cir. 2002)).
Thus, based on the description of the goods stated in the application and registration at issue, the registrant’s goods are encompassed within the
applicant’s identified goods.

V. Comparison of the Services with SUBVERT (Reg. No. 4795196)

Registrant’s services for the registered mark SUBVERT (Reg. No. 4795196) are identified as “Entertainment services in the nature of live
musical performances; Entertainment, namely, live performances by a musical band” in International Class 041.

Determining likelihood of confusion is based on the description of the goods and/or services stated in the application and registration at issue, not
on extrinsic evidence of actual use. See In re Detroit Athletic Co., 903 F.3d 1297, 1307, 128 USPQ2d 1047, 1052 (Fed. Cir. 2018) (citing In re
i.am.symbolic, llc, 866 F.3d 1315, 1325, 123 USPQ2d 1744, 1749 (Fed. Cir. 2017)).

In this case, the application uses broad wording to describe its services as “Entertainment services”, which presumably encompasses all services
of the type described, including registrant’s more narrow identification for entertainment services in the nature of live musical performances and
live performances by a musical band, which are particular types of entertainment services. See, e.g., In re Solid State Design Inc., 125 USPQ2d
1409, 1412-15 (TTAB 2018); Sw. Mgmt., Inc. v. Ocinomled, Ltd., 115 USPQ2d 1007, 1025 (TTAB 2015). The applicant’s identification for
entertainment services encompasses the registrant’s identification for particular types of entertainment services in the nature of live musical
performances. Thus, based on the description of the services stated in the application and registration at issue, the registrant’s services are
encompassed within the applicant’s identified services.

Additionally, the services of the parties have no restrictions as to nature, type, channels of trade, or classes of purchasers and are “presumed to
travel in the same channels of trade to the same class of purchasers.” In re Viterra Inc., 671 F.3d 1358, 1362, 101 USPQ2d 1905, 1908 (Fed. Cir.
2012) (quoting Hewlett-Packard Co. v. Packard Press, Inc., 281 F.3d 1261, 1268, 62 USPQ2d 1001, 1005 (Fed. Cir. 2002)). Thus, applicant’s
and registrant’s services are related.

In summary, applicant’s and registrants’ marks create the same commercial impression, and the goods and services the applicant’s mark
identifies are sufficiently related to the registrants’ goods and services such that consumers are likely to be confused as to the source of these
services. Accordingly, registration must be refused under Section 2(d) of the Trademark Act.

Although applicant’s mark has been refused registration, applicant may respond to the refusal by submitting evidence and arguments in support
of registration. However, if applicant responds to the refusal, applicant must also respond to the requirements set forth below.

IDENTIFICATION OF GOODS AND SERVICES

Class 009:

Applicant is advised to delete or modify the duplicate entry in the identification of goods and/or services in International Class 009 for
“Computer games programs”, “Computer games programs downloaded via the internet”, “Interactive multimedia computer game program”,
and “Computer programs for enabling access or entrance control”. See generally TMEP §§1402.01, 1402.01(a). If applicant does not respond
to this issue, be advised that the USPTO will remove duplicate entries from the identification prior to registration. If modifying one of the
duplicate entries, applicant may amend it to clarify or limit the goods and/or services, but not to broaden or expand the goods and/or services
beyond those in the original application or as acceptably amended. See 37 C.F.R. §2.71(a); TMEP §1402.06. Also, generally, any deleted goods
and/or services may not later be reinserted. TMEP §1402.07(e).

The wording “3D animation software” in the identification of goods is indefinite and must be clarified because applicant must indicate that the
software is in the nature of computer software, must specify whether the software is recorded or downloadable in nature, and must more clearly
indicate the purpose of the software in relation to the three-dimensional animation (e.g., downloadable computer software for creating three-
dimensional digital animation). See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.

The wording “3D computer graphics software” in the identification of goods is indefinite and must be clarified because applicant must specify
whether the software is recorded or downloadable in nature. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.

The wording “AI software” in the identification of goods is indefinite and must be clarified because applicant must specify whether the software
is recorded or downloadable in nature, must clarify that “AI” is an acronym for “artificial intelligence”, and must specify the function or
purpose of the software (e.g., for data privacy and data protection, for optimizing and maximizing gaming performance, etc.). See 37 C.F.R.
§2.32(a)(6); TMEP §1402.01.

The wording “Animated films” in the identification of goods is indefinite and must be clarified because applicant must specify whether the films
are downloadable or recorded in nature. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.

The wording “Animation software” in the identification of goods is indefinite and must be clarified because applicant must specify whether the
software is downloadable or recorded in nature, as well as specify the purpose or function of the software (e.g., for use in developing graphics
and character animation, for use in video and computer game development, etc.). See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.

The wording “Application software for mobile devices”, “Application software for mobile phones”, and “Application software for smart
phones” in the identification of goods is indefinite and must be clarified because applicant must specify whether the software is downloadable or
recorded in nature, as well as specify the purpose or function of the software (e.g., for playing video and computer games). See 37 C.F.R.
§2.32(a)(6); TMEP §1402.01.

The wording “Application software for social networking services via internet” in the identification of goods is indefinite and must be clarified
because applicant must specify whether the software is downloadable or recorded in nature, specify the type of device the application software is
for (e.g., mobile phones, handheld computers, etc.), and more clearly indicate that the application software is for accessing social networking
services via the internet. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.

The wording “Artificial intelligence software” in the identification of goods is indefinite and must be clarified because applicant must specify
whether the software is downloadable or recorded in nature and must specify the purpose or function of the software (e.g., for data privacy and
data protection, for optimizing and maximizing gaming performance, etc.). See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.

The wording “Augmented reality software” in the identification of goods is indefinite and must be clarified because applicant must specify
whether the software is downloadable or recorded in nature, and must indicate the purpose or function of the software (e.g., for video gaming).
See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.

The wording “Augmented reality software for simulation” in the identification of goods is indefinite and must be clarified because applicant
must specify whether the software is downloadable or recorded in nature, and must more clearly indicate the function of the software (e.g., for
playing computer games, for pilot training, for medical teaching, etc.). See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.

The wording “Augmented reality software for use in mobile devices” in the identification of goods is indefinite and must be clarified because
applicant must specify whether the software is downloadable or recorded in nature, and must indicate the purpose or function of the software
(e.g., for video gaming). See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.

The wording “Augmented reality software for use in mobile devices for integrating electronic data with real world environments” and
“Communication software for connecting computer network users” in the identification of goods is indefinite and must be clarified because
applicant must specify whether the software is recorded or downloadable in nature. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.

The wording “Communications software” in the identification of goods is indefinite and must be clarified because applicant must specify
whether the software is recorded or downloadable in nature and must specify the purpose or function of the software (e.g., for connecting
computer network users, for providing access to the internet, etc.). See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.

The wording “Computer application software” in the identification of goods is indefinite and must be clarified because applicant must specify
whether the software is recorded or downloadable in nature, must specify the type of device the application software is for (e.g., mobile phones,
handheld computers, etc.), and must specify the purpose or function of the software (e.g., for playing video and computer games). See 37 C.F.R.
§2.32(a)(6); TMEP §1402.01.

The wording “Computer application software featuring games and gaming” and “Computer application software for streaming audio-visual
media content via the internet” in the identification of goods is indefinite and must be clarified because applicant must specify whether the
software is recorded or downloadable in nature, and must specify the type of device the application software is for (e.g., mobile phones, portable
media players, handheld computers, etc.). See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.

The wording “Computer application software for mobile phones” and “Computer application software for mobile telephones” in the
identification of goods is indefinite and must be clarified because applicant must specify whether the software is recorded or downloadable in
nature, and must indicate the purpose or function of the software (e.g., for playing video and computer games). See 37 C.F.R. §2.32(a)(6); TMEP
§1402.01.

The wording “Computer application software for use with wearable computer devices” in the identification of goods is indefinite and must be
clarified because applicant must specify whether the software is recorded or downloadable in nature, and must indicate the purpose or function of
the software (e.g., for storing and managing electronic data). See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.

The wording “Computer e-commerce software to allow users to perform electronic business transactions via a global computer network” in the
identification of goods is indefinite and must be clarified because applicant must specify whether the software is recorded or downloadable in
nature. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.

The wording “Computer game programmes”, “Computer game programs”, “Computer game software”, “Computer game software for use on
mobile and cellular phones”, “Computer game software for use with on-line interactive games”, “Computer games programmes for simulating
financial securities trading”, “Computer games programmes”, and “computer games programs” in the identification of goods is indefinite and
must be clarified because applicant must specify whether the software is recorded or downloadable in nature. See 37 C.F.R. §2.32(a)(6); TMEP
§1402.01.

The wording “Computer games” in the identification of goods is indefinite and must be clarified because applicant must specify the format of
the computer games (e.g., computer game tapes). See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.

The wording “Computer games entertainment software” in the identification of goods is indefinite and must be clarified because applicant must
specify whether the software is recorded or downloadable in nature, and must more clearly indicate that the goods are in the nature of
entertainment software in the nature of computer games. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.

The wording “Computer games software”, “Computer gaming software”, “Computer graphics software”, “Computer programmes for
interactive television and for interactive games and quizzes”, “Computer programmes for playing games”, “Computer programs for playing
games”, “Computer programs for processing digital music files”, “Computer software for facilitating payment transactions by electronic
means”, “Computer software for the administration of on-line games and gaming”, “Computer software that permits games to be played”,
“Computer software to enable the provision of electronic media via the internet”, “Electronic game programs”, “Electronic game software”,
“Electronic game software for handheld electronic devices”, “Electronic game software for mobile phones”, “Electronic game software for
wireless devices”, “File sharing software”, “Game programs for arcade video game machines”, “Game software”, “Games software”, “Games
software for use with computers”, “Games software for use with video game consoles”, “Gaming software”, “Gaming software that generates
or displays wager outcomes of gaming machines”, “Interactive computer game programs”, “Interactive game software”, “Interactive
multimedia computer game program”, Interactive multimedia computer game programs”, “Interactive multimedia computer games
programmes”, “Interactive multimedia game programs”, “Interactive multimedia software for playing games”, and “Interactive video game
programs”, in the identification of goods is indefinite and must be clarified because applicant must specify whether the software or programs are
recorded or downloadable in nature. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.

The wording “Computer programmes stored in digital form” in the identification of goods is indefinite and must be clarified because applicant
must more clearly indicate that the programmes are recorded in nature, and must specify the purpose or function of the programmes (e.g., for
playing games). See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.

The wording “Computer programs for enabling access or entrance control” in the identification of goods is indefinite and must be clarified
because applicant must specify whether the programs are recorded or downloadable in nature and must provide greater specificity as to what the
computer programs enable control of access or entrance to (e.g., secured facilities, resources in a virtual computing environment, etc.). See 37
C.F.R. §2.32(a)(6); TMEP §1402.01.

The wording “Computer programs for pre-recorded games” and “Computer programs for video and computer games” in the identification of
goods is indefinite and must be clarified because applicant must specify whether the programs are recorded or downloadable in nature and more
clearly indicate that the function of the programs is for playing games. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.

The wording “Computer programs for using the internet and the worldwide web” in the identification of goods is indefinite and must be clarified
because applicant must specify whether the programs are recorded or downloadable in nature and more clearly indicate that the function of the
programs is for providing access to the internet and worldwide web. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.

The wording “Computer software downloadable from the internet” in the identification of goods is indefinite and must be clarified because
applicant must provide greater specificity as to the type of computer software (e.g., computer game software). See 37 C.F.R. §2.32(a)(6); TMEP
§1402.01.

The wording “Computer software downloaded from the internet” in the identification of goods is indefinite and must be clarified because
applicant must provide greater specificity as to the type of computer software (e.g., computer video game software). See 37 C.F.R. §2.32(a)(6);
TMEP §1402.01.

The wording “Computer software for entertainment” in the identification of goods is indefinite and must be clarified because applicant must
indicate whether the software is recorded or downloadable in nature, and must provide greater specificity as to the type of computer software
(e.g., computer game software). See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.

The wording “Computer software for entertainment” and “Computer software for mobile phones” in the identification of goods is indefinite and
must be clarified because applicant must indicate whether the software is recorded or downloadable in nature, and must provide greater
specificity as to the type of computer software (e.g., computer game software). See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.

The wording “Computer software in the field of electronic publishing” in the identification of goods is indefinite and must be clarified because
applicant must indicate whether the software is recorded or downloadable in nature, and must indicate the purpose or function of the software
(e.g., for use in electronic publishing, for word processing, for use in database management, etc.). See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.

The wording “Computer software supplied on the internet” in the identification of goods is indefinite and must be clarified because applicant
must indicate whether the software is recorded or downloadable in nature, and must indicate the purpose or function of the software (e.g., for
playing video games). See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.

The wording “Downloadable applications for use with mobile devices” in the identification of goods is indefinite and must be clarified because
applicant must specify the function of the software (e.g., for playing video games, for booking taxis, for managing bank accounts, etc.). See 37
C.F.R. §2.32(a)(6); TMEP §1402.01.

The wording “Downloadable game related software applications” in the identification of goods is indefinite and must be clarified because
applicant must more clearly indicate the purpose or function of the software applications (e.g., for tracking and recording video game
performance). See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.
The wording “Downloadable software applications” in the identification of goods is indefinite and must be clarified because applicant must
specify the type of device the application software is for (e.g., mobile phones, handheld computers, etc.), and must specify the purpose or
function of the software (e.g., for use in playing video and computer games, for use in database management, etc.). See 37 C.F.R. §2.32(a)(6);
TMEP §1402.01.

The wording “Electronic publications, downloadable, relating to games and gaming” in the identification of goods is indefinite and must be
clarified because applicant must provide the specific nature of the publications (e.g., journals, newsletters, magazines, etc.) and more clearly
indicate that the publications are in the field of games and gaming. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.

The wording “Encoded smart cards” in the identification of goods is indefinite and must be clarified because applicant must specify the function
or purpose of the smart cards (e.g., containing programming used to electronically transfer funds, containing programming used to download
video games and computer games, containing programming used for secure generation and storage of passwords, etc.). See 37 C.F.R.
§2.32(a)(6); TMEP §1402.01.

The wording “Entertainment software” in the identification of goods is indefinite and must be clarified because applicant must indicate whether
the software is recorded or downloadable in nature, and provide the purpose or function of the software (e.g., for playing video and computer
games). See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.

The wording “Gambling software” in the identification of goods is indefinite and must be clarified because applicant must indicate whether the
software is recorded or downloadable in nature, and specify that the software is in the nature of computer software. See 37 C.F.R. §2.32(a)(6);
TMEP §1402.01.

The wording “Game development software” in the identification of goods is indefinite and must be clarified because applicant must indicate
whether the software is recorded or downloadable in nature, and more clearly indicate the type and purpose or function of the software (e.g.,
computer software in the nature of game engine software for video and computer game development). See 37 C.F.R. §2.32(a)(6); TMEP
§1402.01.

The wording “Head-mounted display apparatus” in the identification of goods is indefinite and must be clarified because applicant must more
clearly indicate the nature of the display apparatus (e.g., virtual reality headsets, head mounted video displays, etc.). See 37 C.F.R. §2.32(a)(6);
TMEP §1402.01.

The wording “Head-mounted holographic displays” in the identification of goods is indefinite and must be clarified because applicant must more
clearly indicate the nature of the holographic displays (e.g., electronic display interfaces). See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.

The wording “Interactive entertainment software” in the identification of goods is indefinite and must be clarified because applicant must
indicate whether the software is recorded or downloadable in nature, and more clearly indicate the purpose or function of the software (e.g., for
playing video and computer games). See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.

The wording “Interactive entertainment software for use with computers” and “Interactive entertainment software for use with personal
computers” in the identification of goods is indefinite and must be clarified because applicant must indicate whether the software is recorded or
downloadable in nature, and more clearly indicate the purpose or function of the software (e.g., for aggregating multimedia content, for
organizing and displaying multimedia content, for playing video games, etc.). See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.

The wording “Interactive graphics screens” in the identification of goods is indefinite and must be clarified because applicant must more clearly
indicate the nature of the goods (e.g., touch screens). See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.

The wording “Interactive video software” in the identification of goods is indefinite and must be clarified because applicant must indicate
whether the software is recorded or downloadable in nature, and more clearly indicate the purpose or function of the software (e.g., for playing
videos). See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.

The wording “Labels with machine-readable codes” in the identification of goods is indefinite and must be clarified because applicant must
more clearly indicate the nature of the goods (e.g., in the nature of encoded bar code labels). See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.

The wording “Machine learning software” in the identification of goods is indefinite and must be clarified because applicant must indicate
whether the software is downloadable or recorded in nature, and must specify the purpose or function of the software (e.g., for developing and
improving computer programs). See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.

The wording “Media software” in the identification of goods is indefinite and must be clarified because applicant must indicate whether the
software is downloadable or recorded in nature, and must specify the purpose or function of the software (e.g., for creating and editing
multimedia content). See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.

The wording “Media streaming software” in the identification of goods is indefinite and must be clarified because applicant must indicate
whether the software is downloadable or recorded in nature, and must specify the purpose or function of the software (e.g., for streaming
multimedia content over the internet). See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.

The wording “Mobile apps” and “Mobile app’s” in the identification of goods is indefinite and must be clarified because applicant must more
clearly state that the goods are in the nature of mobile applications, must indicate whether the applications are recorded or downloadable in
nature, and must specify the function of the applications (e.g., for booking taxis, for managing bank accounts, for editing photos, etc.). See 37
C.F.R. §2.32(a)(6); TMEP §1402.01.

Class 041:

The wording “Entertainment services” in the identification of goods is indefinite and must be clarified because applicant must specify the nature
of the services (e.g., in the nature of providing online computer games). See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.

The wording “Organisation of games and competitions” and “arranging and conducting of competitions” in the identification of goods is
indefinite and must be clarified because applicant must specify the nature of the competitions (e.g., electronic game competitions). See 37 C.F.R.
§2.32(a)(6); TMEP §1402.01.

The wording “Providing online electronic publications, not downloadable” in the identification of goods is indefinite and must be clarified
because applicant must specify the nature of the publications (e.g., journals, newsletters, magazines, etc.) and provide the field or subject matter
of the publications (e.g., games and gaming). See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.

The wording “Electronic game services and competitions provided by means of the internet” in the identification of goods is indefinite and must
be clarified because applicant must specify the electronic game competitions services entail the organization of competitions. See 37 C.F.R.
§2.32(a)(6); TMEP §1402.01.

The wording “Providing electronic publications from a global computer network or the Internet, not downloadable” in the identification of
goods is indefinite and must be clarified because applicant must specify the nature of the publications (e.g., journals, newsletters, magazines, etc.)
and provide the field or subject matter of the publications (e.g., games and gaming). See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.

The wording “Video game entertainment services” in the identification of goods is indefinite and must be clarified because applicant must more
clearly indicate the nature of the services (e.g., in the nature of providing online video games). See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.

Class 042:

The wording “Hosting of digital content, namely, on-line journals and blogs” in the identification of goods is indefinite and must be clarified
because applicant must specify that the digital content is hosted on the internet. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.

Applicant may substitute the following wording, if accurate (Examining Attorney’s suggestions in bold font):

Class 009: Downloadable computer software for creating three-dimensional animation; Downloadable 3D computer graphics
software; Downloadable artificial intelligence (AI) software for {specify function or purpose, e.g., for data privacy and data
protection, for optimizing and maximizing gaming performance); Downloadable animated films; Downloadable animation software
for {specify function or purpose, e.g., for use in developing graphics and character animation, for use in video and computer
game development}; Downloadable application software for mobile devices, namely, software for {specify purpose or function, e.g.,
playing video and computer games}; Downloadable application software for mobile phones, namely, software for {specify purpose
or function, e.g., playing video and computer games}; Downloadable application software for smart phones, namely, software for
{specify purpose or function, e.g., playing video and computer games}; Downloadable application software for {specify items, e.g.,
mobile phones, handheld computers} for accessing social networking services via the internet; Recorded artificial intelligence
software for {specify purpose or function, e.g., data privacy and data protection, optimizing and maximizing gaming
performance}; Downloadable augmented reality software for {specify purpose or function, e.g., for video gaming}; Recorded
augmented reality software for simulation for {specify function of software, e.g., playing computer games, pilot training, medical
teaching}; Recorded augmented reality software for use in mobile devices for {specify purpose or function, e.g., for video gaming};
Downloadable augmented reality software for use in mobile devices for integrating electronic data with real world environments;
Recorded communication software for connecting computer network users; Recorded communications software for {specify function
or purpose, e.g., connecting computer network users, providing access to the internet}; Recorded computer application software for
{specify items, e.g., mobile phones, handheld computers}, namely, software for {specify function of the software, e.g., for playing
video and computer games}; Recorded computer application software for {specify items, e.g., mobile phones, portable media
players, handheld computers} featuring games and gaming; Recorded computer application software for mobile phones, namely,
software for {specify function or purpose, e.g., playing video and computer games}; Recorded computer application software for
mobile telephones, namely, software for {specify function or purpose, e.g., playing video and computer games}; Downloadable
computer application software for {specify items, e.g., mobile phones, portable media players, handheld computers} for streaming
audio-visual media content via the internet; Downloadable computer application software for use with wearable computer devices for
{specify function or purpose, e.g., for storing and managing electronic data}; Downloadable computer e-commerce software to
allow users to perform electronic business transactions via a global computer network; Computer game cartridges; Computer game
cassettes, Computer game discs; Recorded computer game programmes; Recorded computer game programs; Recorded computer game
software; Computer game software, downloadable; Computer game software downloadable from a global computer network; Recorded
computer game software for use on mobile and cellular phones; Recorded computer game software for use with on-line interactive
games; Computer game software, recorded; Computer game tapes; Recorded entertainment software in the nature of computer games;
Computer games programmes downloaded via the internet; Downloadable computer games programmes for simulating financial
securities trading; Downloadable computer games programmes; Downloadable computer games programs; Computer games programs
recorded on tapes; Recorded computer games software; Downloadable computer gaming software; Downloadable computer graphics
software; Downloadable computer programmes for interactive television and for interactive games and quizzes; Downloadable
computer programmes for playing games; Recorded computer programmes for {specify purpose or function, e.g., playing games}
stored in digital form; Recorded computer programs for enabling control of access or entrance to {specify what access or entrance is
being provided to, e.g., secured facilities, resources in a virtual computing environment}; Downloadable computer programs for
playing games; Recorded computer programs for playing pre-recorded games; Recorded computer programs for processing digital
music files; Downloadable computer programs for providing access to the internet and the worldwide web; Downloadable computer
programs for playing video and computer games; Computer game software downloadable from the internet; Computer video game
software downloaded from the internet; Recorded computer software for entertainment, namely, computer game software;
Downloadable computer software for facilitating payment transactions by electronic means; Recorded computer game software for
mobile phones; Downloadable computer software for the administration of on-line games and gaming; Downloadable computer
software for {specify function or purpose, e.g., use in electronic publishing, word processing, use in database management} in the
field of electronic publishing; Downloadable computer software supplied on the Internet for {specify function or purpose, e.g., playing
video games}; Downloadable computer software that permits games to be played; Downloadable computer software to enable the
provision of electronic media via the Internet; Covers for digital media players; Covers for smartphones; Covers for sunglasses; Displays
for smartphones; Downloadable applications for use with mobile devices for {specify function of software, e.g., playing video games,
booking taxis, managing bank accounts}; Downloadable computer game programs; Downloadable computer game software;
Downloadable computer game software via a global computer network and wireless devices; Downloadable computer games;
Downloadable game related software applications for {specify purpose or function, e.g., tracking and recording video game
performance}; Downloadable interactive entertainment software for playing computer games; Downloadable interactive entertainment
software for playing video games; Downloadable software applications for {specify items, e.g., mobile phones, handheld computers},
for {specify purpose or function, e.g., use in playing video and computer games, use in database management); Downloadable
video game programs; Downloadable video game software; Recorded electronic game programs; Recorded electronic game software;
Recorded electronic game software for handheld electronic devices; Recorded electronic game software for mobile phones; Recorded
electronic game software for wireless devices; Electronic publications, downloadable, in the nature of {indicate specific nature of
publication, e.g., journals, newsletters, magazines} in the field of games and gaming; Encoded smart cards {specify function or
purpose, e.g., containing programming used to electronically transfer funds, containing programming used to download video
games and computer games, containing programming used for secure generation and storage of passwords); Downloadable
entertainment software for playing video and computer games; Recorded file sharing software; Recorded computer gambling
software; Recorded computer software, namely, game engine software for video and computer game development; Recorded game
programs for arcade video game machines; Recorded game software; Games cartridges for use with electronic games apparatus;
Recorded games software; Recorded games software for use with computers; Recorded games software for use with video game
consoles; Recorded gaming software; Recorded gaming software that generates or displays wager outcomes of gaming machines; Head-
mounted display apparatus, namely, {specify, e.g., virtual reality headsets, head mounted video displays}; Head-mounted holographic
displays, namely, electronic display interfaces; Head-mounted video display apparatus; Head-mounted video displays; Headsets for
virtual reality games; Recorded interactive computer game programs; Recorded interactive entertainment software for {specify purpose
or function, e.g., playing video and computer games}; Recorded interactive entertainment software for use with computers for
{specify purpose or function, e.g., for aggregating multimedia content, for organizing and displaying multimedia content, for
playing video games}; Recorded interactive entertainment software for use with personal computers for {specify purpose or function,
e.g., for aggregating multimedia content, for organizing and displaying multimedia content, for playing video games}; Recorded
interactive game software; Interactive graphics screens in the nature of touch screens; Downloadable interactive multimedia computer
game programs; Recorded interactive multimedia computer games programmes; Recorded interactive multimedia game programs;
Recorded interactive multimedia software for playing games; Recorded interactive video game programs; Recorded interactive video
software for playing videos; Labels with integrated RFID chips; Labels with machine-readable codes in the nature of encoded bar code
labels; Laptop bags; Laptop carrying cases; Laptop covers; Laptop sleeves; Downloadable machine learning software for {specify
purpose or function of software, e.g., developing and improving computer programs}; Downloadable media software for {specify
purpose or function of software, e.g., creating and editing multimedia content}; Downloadable media streaming software for
{specify purpose or function of software, e.g., streaming multimedia content over the internet}; Downloadable mobile applications
for {specify function of applications, e.g., booking taxis, managing bank accounts, editing photos}; Recorded mobile applications
for {specify function of applications, e.g., booking taxis, managing bank accounts, editing photos}; Mobile phone covers

Class 041: Entertainment services, namely, {specify, e.g., providing online computer games}; Organisation of games and {specify
nature of competitions, e.g., electronic game} competitions; Arranging and conducting of {specify nature of competitions, e.g.,
electronic game} competitions; Electronic desktop publishing; Games equipment rental; Layout services, other than for advertising
purposes; Providing online electronic publications, not downloadable in the nature of {indicate specific nature of publication, e.g.,
journals, newsletters, magazines} in the field of {specify, e.g., games and gaming}; Electronic game services and organization of
electronic game competitions provided by means of the internet; Organization of electronic game competitions; Providing electronic
publications from a global computer network or the Internet, not downloadable, in the nature of {indicate specific nature of
publication, e.g., journals, newsletters, magazines} in the field of {specify, e.g., games and gaming}; Multimedia publishing services;
Publication of printed matter in electronic form on the Internet; Publication of printed matter; Video game entertainment services,
namely, providing online video games; Provision of online computer games; Publication of computer games; Audio, video, and
multimedia production, and photography

Class 042: Development of computer hardware for computer games; Design and development of computer game software; Website
design services; Website design consultancy; Design, creation, hosting and maintenance of websites for others; Hosting of digital content
on the internet, namely, on-line journals and blogs; Providing temporary use of non-downloadable computer software for use in the
creation and publication of on-line journals and blogs

Applicant’s goods and/or services may be clarified or limited, but may not be expanded beyond those originally itemized in the application or as
acceptably amended. See 37 C.F.R. §2.71(a); TMEP §1402.06. Applicant may clarify or limit the identification by inserting qualifying language
or deleting items to result in a more specific identification; however, applicant may not substitute different goods and/or services or add goods
and/or services not found or encompassed by those in the original application or as acceptably amended. See TMEP §1402.06(a)-(b). The scope
of the goods and/or services sets the outer limit for any changes to the identification and is generally determined by the ordinary meaning of the
wording in the identification. TMEP §§1402.06(b), 1402.07(a)-(b). Any acceptable changes to the goods and/or services will further limit scope,
and once goods and/or services are deleted, they are not permitted to be reinserted. TMEP §1402.07(e).

For assistance with identifying and classifying goods and services in trademark applications, please see the USPTO’s online searchable U.S.
Acceptable Identification of Goods and Services Manual. See TMEP §1402.04.

FOREIGN REGISTRATION REQUIRED WHEN AVAILABLE

The application specifies both an intent to use basis under Trademark Act Section 1(b) and a claim of priority under Section 44(d) based on a
foreign application. See 15 U.S.C. §§1051(b), 1126(d); 37 C.F.R. §2.34(a)(2), (a)(4). However, no copy of a foreign registration has been
provided even though the application indicates applicant’s intent to rely on Section 44(e) as an additional basis for registration. See 15 U.S.C.
§1126(e).

An application with a Section 44(e) basis must include a true copy, photocopy, certification, or certified copy of a foreign registration from an
applicant’s country of origin. 15 U.S.C. §1126(e); 37 C.F.R. §2.34(a)(3)(ii); TMEP §§1004, 1004.01, 1016. In addition, an applicant’s country
of origin must be a party to a convention or treaty relating to trademarks to which the United States is also a party, or must extend reciprocal
registration rights to nationals of the United States by law. 15 U.S.C. §1126(b); TMEP §§1002.01, 1004.

Therefore, applicant must provide a copy of the foreign registration from applicant’s country of origin when it becomes available. TMEP
§1003.04(a). A copy of a foreign registration must consist of a document issued to an applicant by, or certified by, the intellectual property office
in applicant’s country of origin. TMEP §1004.01. If applicant’s country of origin does not issue registrations or Madrid Protocol certificates of
extension of protection, applicant may submit a copy of the Madrid Protocol international registration that shows that protection of the
international registration has been extended to applicant’s country of origin. TMEP §1016. In addition, applicant must also provide an English
translation if the foreign registration is not written in English. 37 C.F.R. §2.34(a)(3)(ii); TMEP §1004.01(a)-(b). The translation should be
signed by the translator. TMEP §1004.01(b).

If the foreign registration has not yet issued, or applicant requires additional time to procure a copy of the foreign registration (and English
translation, as appropriate), applicant should so inform the trademark examining attorney and request that the U.S. application be suspended until
a copy of the foreign registration is available. TMEP §§716.02(b), 1003.04(b).

If applicant cannot satisfy the requirements of a Section 44(e) basis, applicant may request that the mark be approved for publication based solely
on the Section 1(b) basis. See 15 U.S.C. §§1051(b), 1126(e); 37 C.F.R. §2.35(b)(1); TMEP §§806.02(f), 806.04(b), 1003.04(b). Although the
mark may be approved for publication on the Section 1(b) basis, it will not register until an acceptable allegation of use has been filed. See 15
U.S.C. §1051(c)-(d); 37 C.F.R. §§2.76, 2.88; TMEP §1103. Please note that, if the U.S. application satisfied the requirements of Section 44(d) as
of the U.S. application filing date, applicant may retain the priority filing date under Section 44(d) without perfecting the Section 44(e) basis,
provided there is a continuing valid basis for registration. See 37 C.F.R. §2.35(b)(3)-(4); TMEP §§806.02(f), 806.04(b).

Alternatively, applicant has the option to amend the application to rely solely on the Section 44(e) basis and request deletion of the Section 1(b)
basis. See 37 C.F.R. §2.35(b)(1); TMEP §806.04. The foreign registration alone may serve as the basis for obtaining a U.S. registration. See 37
C.F.R. §2.34(a)(3); TMEP §806.01(d).

RESPONSE GUIDELINES

Please call or email the assigned trademark examining attorney with questions about this Office action. Although the trademark examining
attorney cannot provide legal advice or statements about applicant’s rights, the trademark examining attorney can provide applicant with
additional explanation about the refusal and/or requirements in this Office action. See TMEP §§705.02, 709.06. Although the USPTO does not
accept emails as responses to Office actions, emails can be used for informal communications and will be included in the application record. See
37 C.F.R. §§2.62(c), 2.191; TMEP §§304.01-.02, 709.04-.05.

TEAS PLUS OR TEAS REDUCED FEE (TEAS RF) APPLICANTS – TO MAINTAIN LOWER FEE, ADDITIONAL
REQUIREMENTS MUST BE MET, INCLUDING SUBMITTING DOCUMENTS ONLINE: Applicants who filed their application online
using the lower-fee TEAS Plus or TEAS RF application form must (1) file certain documents online using TEAS, including responses to Office
actions (see TMEP §§819.02(b), 820.02(b) for a complete list of these documents); (2) maintain a valid e-mail correspondence address; and (3)
agree to receive correspondence from the USPTO by e-mail throughout the prosecution of the application. See 37 C.F.R. §§2.22(b), 2.23(b);
TMEP §§819, 820. TEAS Plus or TEAS RF applicants who do not meet these requirements must submit an additional processing fee of $125
per class of goods and/or services. 37 C.F.R. §§2.6(a)(1)(v), 2.22(c), 2.23(c); TMEP §§819.04, 820.04. However, in certain situations, TEAS
Plus or TEAS RF applicants may respond to an Office action by authorizing an examiner’s amendment by telephone or e-mail without incurring
this additional fee.

How to respond. Click to file a response to this nonfinal Office action.

/Laura Taraban/
Laura Taraban
Trademark Examining Attorney
Law Office 127
(571) 272-3352
laura.taraban@uspto.gov

RESPONSE GUIDANCE
Missing the response deadline to this letter will cause the application to abandon. A response or notice of appeal must be received by
the USPTO before midnight Eastern Time of the last day of the response period. TEAS and ESTTA maintenance or unforeseen
circumstances could affect an applicant’s ability to timely respond.

Responses signed by an unauthorized party are not accepted and can cause the application to abandon. If applicant does not have an
attorney, the response must be signed by the individual applicant, all joint applicants, or someone with legal authority to bind a juristic
applicant. If applicant has an attorney, the response must be signed by the attorney.

If needed, find contact information for the supervisor of the office or unit listed in the signature block.
To: Zovolt Limited (brad@rsindy.com)
Subject: U.S. Trademark Application Serial No. 88576377 - SUBVERSE - N/A
Sent: December 01, 2019 03:24:28 PM
Sent As: ecom127@uspto.gov
Attachments:

United States Patent and Trademark Office (USPTO)

USPTO OFFICIAL NOTICE

Office Action (Official Letter) has issued


on December 01, 2019 for
U.S. Trademark Application Serial No. 88576377

Your trademark application has been reviewed by a trademark examining attorney. As part of that review, the assigned attorney has
issued an official letter that you must respond to by the specified deadline or your application will be abandoned. Please follow the
steps below.

(1) Read the official letter.

(2) Direct questions about the contents of the Office action to the assigned attorney below.

/Laura Taraban/
Laura Taraban
Trademark Examining Attorney
Law Office 127
(571) 272-3352
laura.taraban@uspto.gov

Direct questions about navigating USPTO electronic forms, the USPTO website, the application process, the status of your
application, and/or whether there are outstanding deadlines or documents related to your file to the Trademark Assistance Center
(TAC).

(3) Respond within 6 months (or earlier, if required in the Office action) from December 01, 2019, using the Trademark Electronic
Application System (TEAS). The response must be received by the USPTO before midnight Eastern Time of the last day of the
response period. See the Office action for more information about how to respond

GENERAL GUIDANCE
· Check the status of your application periodically in the Trademark Status & Document Retrieval (TSDR) database to avoid
missing critical deadlines.

· Update your correspondence email address, if needed, to ensure you receive important USPTO notices about your
application.

· Beware of misleading notices sent by private companies about your application. Private companies not associated with
the USPTO use public information available in trademark registrations to mail and email trademark-related offers and notices –
most of which require fees. All official USPTO correspondence will only be emailed from the domain “@uspto.gov.”