| PTO Form 1957 (Rev 8/2005) |
| OMB Control #0651-0050 (Exp. 04/30/2006) |
| Input Field |
Entered |
| SERIAL NUMBER | 78376079 |
| MARK SECTION (no change) | |
| ARGUMENT(S) | |
|
TRADEMARKS
IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
In re Application of MCIII Productions, Inc. Serial No.: 78/376,079 Examiner: Evelyn Bradley Filed: March 1, 2004 Law Office: 105 For: NO MERCY AMENDMENT Commissioner for Trademarks P.O. Box 1451 Alexandria, VA 22313-1451 Sir: This is a response to the Office Action dated September 18, 2004. Upon information and belief, the owner of Serial No. 75917320 will not file a statement of use and the application will go abandoned or the owner of Serial No. 75917320 will assign the rights to Serial No. 75917320 to the present applicant. Applicant submits herewith a photo presently appearing on the Internet showing the NO MERCY band and such specimen supports the class 41 use. Applicant also submits a Declaration under Rule 2.20 establishing use of the mark and the specimen prior to the filing date of the present application. Applicant requests that (a) the trademark examining attorney approve the specimen submitted herewith (and the Declaration) and (b) suspend the application until Serial No. 75917320 is abandoned. Respectfully submitted,
By /rck/ Robert C. Kain, Jr. Reg. No. 30,648 Fleit, Kain, Gibbons, Gutman & Bongini, P.L. 750 Southeast Third Avenue, Suite 100 Ft. Lauderdale, Florida 33316-1153 Telephone: 954-768-9002 Facsimile: 954-768-0158
TRADEMARKS IN THE UNITED STATES PATENT AND TRADEMARK OFFICE In re Application of MCIII Productions, Inc. Serial No.: 78/376,079 Examiner: Evelyn Bradley Filed: March 1, 2004 Law Office: 105 For: NO MERCY DECLARATION UNDER 37 C.F.R. §2.20 I, Robert C. Kain, Jr., declare that I am the authorized representative of MCIII Productions, Inc., a corporation of the State of Florida, and am authorized to make this declaration on behalf of said corporation; that the substitute specimens submitted with applicant's Response to the Office Action dated September 18, 2004 were in use in commerce in international class 41 at least as early as January 1997, before the filing date of the application; and further that these statements were made with the knowledge that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. 1001, and that such willful false statements may jeopardize the validity of this application and any registration resulting therefrom; that all statements made of my own knowledge are true; and that all statements made on information and belief are believed to be true. Signed at Ft. Lauderdale, Florida, this 17th day of March, 2005. MCIII Productions, Inc.
/rck/ Robert C. Kain, Jr. Reg. No. 30,648 Fleit, Kain, Gibbons, Gutman, Bongini & Bianco, P.L. 750 Southeast Third Avenue, Suite 100 Ft. Lauderdale, Florida 33316-1153 Telephone: 954-768-9002 Facsimile: 954-768-0158 |
|
| GOODS AND/OR SERVICES SECTION (1st class)(no change) | |
| GOODS AND/OR SERVICES SECTION (2nd class)(current) | |
| INTERNATIONAL CLASS | 041 |
| DESCRIPTION | |
| entertainment in the nature of live performances by a musical group | |
| FILING BASIS | Section 1(a) |
| FIRST USE ANYWHERE DATE | 01/00/1997 |
| FIRST USE IN COMMERCE DATE | 01/00/1997 |
| GOODS AND/OR SERVICES SECTION (2nd class)(proposed) | |
| INTERNATIONAL CLASS | 041 |
| DESCRIPTION | |
| entertainment in the nature of live performances by a musical group | |
| FILING BASIS | Section 1(a) |
| FIRST USE ANYWHERE DATE | 01/00/1997 |
| FIRST USE IN COMMERCE DATE | 01/00/1997 |
| STATEMENT TYPE | The substitute specimen(s) was in use in commerce as of the filing date of the application. |
| SPECIMEN FILE NAME(S) | \\TICRS\EXPORT11\IMAGEOUT 11\783\760\78376079\xml4\ ROA0002.JPG |
| \\TICRS\EXPORT11\IMAGEOUT 11\783\760\78376079\xml4\ ROA0003.JPG | |
| SPECIMEN DESCRIPTION | NO MERCY announcement NO MERCY Photograph |
| SIGNATURE SECTION | |
| DECLARATION SIGNATURE | /rck/ |
| SIGNATORY NAME | Robert C. Kain, Jr. |
| SIGNATORY POSITION | Attorney |
| SIGNATURE DATE | 03/17/2005 |
| RESPONSE SIGNATURE | /rck/ |
| SIGNATORY NAME | Robert C. Kain, Jr. |
| SIGNATORY POSITION | Attorney |
| SIGNATURE DATE | 03/17/2005 |
| FILING INFORMATION SECTION | |
| SUBMIT DATE | Thu Mar 17 11:28:18 EST 2005 |
| TEAS STAMP | USPTO/OA-XXXXXXXX-2005031 7112818306058-78376079-20 04a1195fb75666e105b82b539 26b8934b-N-N-200503171126 34644337 |
| PTO Form 1957 (Rev 8/2005) |
| OMB Control #0651-0050 (Exp. 04/30/2006) |
| Application serial no. 78376079 is amended as follows: | |
| Argument(s) | |
| In response to the substantive refusal(s), please note the following: | |
|
TRADEMARKS
IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
In re Application of MCIII Productions, Inc. Serial No.: 78/376,079 Examiner: Evelyn Bradley Filed: March 1, 2004 Law Office: 105 For: NO MERCY AMENDMENT Commissioner for Trademarks P.O. Box 1451 Alexandria, VA 22313-1451 Sir: This is a response to the Office Action dated September 18, 2004. Upon information and belief, the owner of Serial No. 75917320 will not file a statement of use and the application will go abandoned or the owner of Serial No. 75917320 will assign the rights to Serial No. 75917320 to the present applicant. Applicant submits herewith a photo presently appearing on the Internet showing the NO MERCY band and such specimen supports the class 41 use. Applicant also submits a Declaration under Rule 2.20 establishing use of the mark and the specimen prior to the filing date of the present application. Applicant requests that (a) the trademark examining attorney approve the specimen submitted herewith (and the Declaration) and (b) suspend the application until Serial No. 75917320 is abandoned. Respectfully submitted,
By /rck/ Robert C. Kain, Jr. Reg. No. 30,648 Fleit, Kain, Gibbons, Gutman & Bongini, P.L. 750 Southeast Third Avenue, Suite 100 Ft. Lauderdale, Florida 33316-1153 Telephone: 954-768-9002 Facsimile: 954-768-0158
TRADEMARKS IN THE UNITED STATES PATENT AND TRADEMARK OFFICE In re Application of MCIII Productions, Inc. Serial No.: 78/376,079 Examiner: Evelyn Bradley Filed: March 1, 2004 Law Office: 105 For: NO MERCY DECLARATION UNDER 37 C.F.R. §2.20 I, Robert C. Kain, Jr., declare that I am the authorized representative of MCIII Productions, Inc., a corporation of the State of Florida, and am authorized to make this declaration on behalf of said corporation; that the substitute specimens submitted with applicant's Response to the Office Action dated September 18, 2004 were in use in commerce in international class 41 at least as early as January 1997, before the filing date of the application; and further that these statements were made with the knowledge that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. 1001, and that such willful false statements may jeopardize the validity of this application and any registration resulting therefrom; that all statements made of my own knowledge are true; and that all statements made on information and belief are believed to be true. Signed at Ft. Lauderdale, Florida, this 17th day of March, 2005. MCIII Productions, Inc.
/rck/ Robert C. Kain, Jr. Reg. No. 30,648 Fleit, Kain, Gibbons, Gutman, Bongini & Bianco, P.L. 750 Southeast Third Avenue, Suite 100 Ft. Lauderdale, Florida 33316-1153 Telephone: 954-768-9002 Facsimile: 954-768-0158 |
|
| Classification and Listing of Goods/Services | |
| Applicant hereby amends the following class of goods/services in the application as follows: | |
| Current: Class 041 for entertainment in the nature of live performances by a musical group | |
| Original Filing Basis: 1(a). | |
| Proposed: Class 041 for entertainment in the nature of live performances by a musical group | |
| Section 1(a), Use in Commerce: The mark was first used at least as early as 01/00/1997 and first used in commerce at least as early as 01/00/1997, and is now in use in such commerce. | |
| Applicant hereby submits a specimen for Class 041. | |
| The specimen(s) submitted consists of NO MERCY announcement NO MERCY Photograph. |
|
| For an application based on 1(a), Use in Commerce, "The substitute specimen(s) was in use in commerce as of the filing date of the application." | |
| Specimen-1 | |
| Specimen-2 | |
| Declaration Signature |
|
| The undersigned, being hereby warned that willful false statements and the like so made are punishable by fine or imprisonment, or both, under 18 U.S.C. §1001, and that such willful false statements may jeopardize the validity of the application or any resulting registration, declares that he/she is properly authorized to execute this application on behalf of the applicant; he/she believes the applicant to be the owner of the trademark/service mark sought to be registered, or, if the application is being filed under 15 U.S.C. §1051(b), he/she believes applicant to be entitled to use such mark in commerce; to the best of his/her knowledge and belief no other person, firm, corporation, or association has the right to use the mark in commerce, either in the identical form thereof or in such near resemblance thereto as to be likely, when used on or in connection with the goods/services of such other person, to cause confusion, or to cause mistake, or to deceive; that if the original application was submitted unsigned, that all statements in the original application and this submission made of the declaration signer's knowledge are true; and all statements in the original application and this submission made on information and belief are believed to be true. | |
| Signature: /rck/ Date: 03/17/2005 | |
| Signatory's Name: Robert C. Kain, Jr. | |
| Signatory's Position: Attorney | |
| Response Signature | |
| Signature: /rck/ Date: 03/17/2005 | |
| Signatory's Name: Robert C. Kain, Jr. | |
| Signatory's Position: Attorney | |
| Serial Number: 78376079 | |
| Internet Transmission Date: Thu Mar 17 11:28:18 EST 2005 | |
| TEAS Stamp: USPTO/OA-XXXXXXXX-20050317112818306058-7 8376079-2004a1195fb75666e105b82b53926b89 34b-N-N-20050317112634644337 |
