Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number.
PTO Form 1957 (Rev 10/2011) |
| OMB No. 0651-0050 (Exp 09/20/2020) |
Response to Office Action
The table below presents the data as entered.
Input Field
|
Entered
|
| SERIAL NUMBER |
88353773 |
| LAW OFFICE ASSIGNED |
LAW OFFICE 117 |
| MARK SECTION |
| MARK FILE NAME |
http://uspto.report/TM/88353773/mark.png |
| LITERAL ELEMENT |
TV |
| STANDARD CHARACTERS |
NO |
| USPTO-GENERATED IMAGE |
NO |
COLOR(S) CLAIMED
(If applicable) |
The color(s) black, blue and green is/are claimed as a feature of the mark. |
DESCRIPTION OF THE MARK
(and Color Location, if applicable) |
The mark consists of a black square with rounded corners containing a design of an apple with a bite removed and the word "tv", both design and
word in shades of green and blue. |
| GOODS AND/OR SERVICES SECTION (current) |
| INTERNATIONAL CLASS |
009 |
| DESCRIPTION |
| recorded computer software for use in searching, selecting, playing, streaming, and sharing television, movies, images, and other
audio, video, data, and multimedia content |
| FIRST USE ANYWHERE DATE |
At least as early as 05/13/2019 |
| FIRST USE IN COMMERCE DATE |
At least as early as 05/13/2019 |
| FILING BASIS |
Section 1(b) |
| GOODS AND/OR SERVICES SECTION (proposed) |
| INTERNATIONAL CLASS |
009 |
| DESCRIPTION |
| recorded computer software for use in searching, selecting, playing, streaming, and sharing television, movies, images, and other
audio, video, data, and multimedia content |
| FIRST USE ANYWHERE DATE |
At least as early as 05/00/2019 |
| FIRST USE IN COMMERCE DATE |
At least as early as 05/00/2019 |
| STATEMENT TYPE |
"The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing
date of the application"[for an application based on Section 1(a), Use in Commerce] OR "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in
commerce prior either to the filing of the Amendment to Allege Use or expiration of the filing deadline for filing a Statement of Use" [for an application based on Section 1(b)
Intent-to-Use]. OR "The attached specimen is a true copy of the specimen that was originally submitted with the application, amendment to allege use, or statement of use" [for an
illegible specimen]. |
SPECIMEN
FILE NAME(S) |
\\TICRS\EXPORT17\IMAGEOUT 17\883\537\88353773\xml16 \ROA0002.JPG |
| SPECIMEN DESCRIPTION |
a screenshot displaying the mark in use on the goods |
| DELETED FILING BASIS |
1(b) |
| ADDITIONAL STATEMENTS SECTION |
| MISCELLANEOUS STATEMENT |
Applicant timely responds to an Office Action that the USPTO issued on November 22, 2019. The Office Action reported a refusal of registration
because "the specimen appears to show software that is downloadable, not recorded on computer media as identified." Applicant responds to that concern with further information about the software and
mark. The software at issue appears identical, whether it is in a downloadable form or on computer media. The mark appears when consumers open the software and it appears also on an icon used to
identify the software on the home pages of consumers' electronic devices. The Examining Attorney may be familiar with the software at issue in the downloadable form and have believed the specimen
therefore represented downloadable software. Applicant provides an additional specimen with this Response and also a sample of how the mark appears on the home screen of electronic devices. The
specimen shows the same usage in the original specimen (although the dimensions are different because the electronic devices used for the two specimens are different) and the other sample use shows
the mark as an icon, identifying the software described in the application, on the home page of an electronic device. Applicant hopes this further information and documentation have addressed fully
the concerns raised in the Office Action, so that the mark may register. |
MISCELLANEOUS
FILE NAME(S) |
\\TICRS\EXPORT17\IMAGEOUT 17\883\537\88353773\xml16 \ROA0003.JPG |
| SIGNATURE SECTION |
| RESPONSE SIGNATURE |
/Karen Marie Kitterman/ |
| SIGNATORY'S NAME |
Karen Marie Kitterman |
| SIGNATORY'S POSITION |
Attorney of record, California Bar member |
| SIGNATORY'S PHONE NUMBER |
(669) 227-7171 |
| DATE SIGNED |
01/15/2020 |
| AUTHORIZED SIGNATORY |
YES |
| FILING INFORMATION SECTION |
| SUBMIT DATE |
Wed Jan 15 21:49:57 EST 2020 |
| TEAS STAMP |
USPTO/ROA-XX.XXX.XXX.XX-2
0200115214957960024-88353
773-700bae25d57e1cefc3f73
2606811199ada0c6b6f262492
e2154911da1d2f731-N/A-N/A
-20200115202607289996 |
Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number.
PTO Form 1957 (Rev 10/2011) |
| OMB No. 0651-0050 (Exp 09/20/2020) |
Response to Office Action
To the Commissioner for Trademarks:
Application serial no.
88353773 TV (Stylized and/or with Design, see http://uspto.report/TM/88353773/mark.png) has been amended as follows:
CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 009 for recorded computer software for use in searching, selecting, playing, streaming, and sharing television, movies, images, and other audio, video, data, and multimedia
content
Original Filing Basis:
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was
entitled, to use the mark in commerce on or in connection with the identified goods/services in the application.
For a collective trademark, collective service mark, or collective membership
mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members
on or in connection with the identified goods/services/collective membership organization.
For a certification mark application: As of the application filing date, the applicant had a
bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will
not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that
meet the certification standards of the applicant.
In International Class 009, the mark was first used at least as early as 05/13/2019 and first used in commerce at least as early as 05/13/2019 .
Proposed: Class 009 for recorded computer software for use in searching, selecting, playing, streaming, and sharing television, movies, images, and other audio, video, data, and multimedia
content
Deleted Filing Basis: 1(b)
In International Class 009, the mark was first used at least as early as 05/00/2019 . and first used in commerce at least as early as 05/00/2019 .
Applicant hereby submits one(or more) specimen(s) for Class 009 . The specimen(s) submitted consists of a screenshot displaying the mark in use on the goods .
"
The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing date of the application"[for an application based
on Section 1(a), Use in Commerce] OR "
The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce prior either to the filing of the Amendment to
Allege Use or expiration of the filing deadline for filing a Statement of Use"
[for an application based on Section 1(b) Intent-to-Use].
OR "The attached specimen is a true copy
of the specimen that was originally submitted with the application, amendment to allege use, or statement of use" [for an illegible specimen].
Specimen File1
ADDITIONAL STATEMENTS
Miscellaneous Statement
Applicant timely responds to an Office Action that the USPTO issued on November 22, 2019. The Office Action reported a refusal of registration because "the specimen appears to show software that is
downloadable, not recorded on computer media as identified." Applicant responds to that concern with further information about the software and mark. The software at issue appears identical, whether
it is in a downloadable form or on computer media. The mark appears when consumers open the software and it appears also on an icon used to identify the software on the home pages of consumers'
electronic devices. The Examining Attorney may be familiar with the software at issue in the downloadable form and have believed the specimen therefore represented downloadable software. Applicant
provides an additional specimen with this Response and also a sample of how the mark appears on the home screen of electronic devices. The specimen shows the same usage in the original specimen
(although the dimensions are different because the electronic devices used for the two specimens are different) and the other sample use shows the mark as an icon, identifying the software described
in the application, on the home page of an electronic device. Applicant hopes this further information and documentation have addressed fully the concerns raised in the Office Action, so that the
mark may register.
Miscellaneous File1
SIGNATURE(S)
Response Signature
Signature: /Karen Marie Kitterman/ Date: 01/15/2020
Signatory's Name: Karen Marie Kitterman
Signatory's Position: Attorney of record, California Bar member
Signatory's Phone Number: (669) 227-7171
The signatory has confirmed that he/she is a U.S.-licensed attorney who is an active member in good standing of the bar of the highest court of a U.S. state (including the District of Columbia and
any U.S. Commonwealth or territory); and he/she is currently the owner's/holder's attorney or an associate thereof; and to the best of his/her knowledge, if prior to his/her appointment another
U.S.-licensed attorney not currently associated with his/her company/firm previously represented the owner/holder in this matter: the owner/holder has revoked their power of attorney by a signed
revocation or substitute power of attorney with the USPTO; the USPTO has granted that attorney's withdrawal request; the owner/holder has filed a power of attorney appointing him/her in this matter;
or the owner's/holder's appointed U.S.-licensed attorney has filed a power of attorney appointing him/her as an associate attorney in this matter.
Serial Number: 88353773
Internet Transmission Date: Wed Jan 15 21:49:57 EST 2020
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XX-2020011521495796
0024-88353773-700bae25d57e1cefc3f7326068
11199ada0c6b6f262492e2154911da1d2f731-N/
A-N/A-20200115202607289996
