Response to Office Action

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)

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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. 88746158 MUSIC FOR BUSINESS (Stylized and/or with Design, see http://uspto.report/TM/88746158/mark.png) has been amended as follows:

MARK
Applicant proposes to amend the mark as follows:
Current: MUSIC FOR BUSINESS (Stylized and/or with Design, see http://uspto.report/TM/88746158/mark.png)
Proposed: MUSIC FOR BUSINESS (Stylized and/or with Design, see mark)
The applicant is not claiming color as a feature of the mark.
The mark consists of a design of an apple a bite removed to the left of the stylized wording "MUSIC FOR BUSINESS".

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 009 for computer software application for access to audio, video, and multimedia content; computer software application for access to music programming and playlist service
Original Filing Basis:
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 11/20/2019 and first used in commerce at least as early as 11/20/2019 , and is now in use in such commerce.

Filing Basis: Section 44(d), Priority based on foreign filing: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services, and asserts a claim of priority based upon a foreign application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization, and asserts a claim of priority based upon a foreign application. For a certification application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods or services that meet the certification standards of the applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on[ Jamaica application number 78124 filed 07/05/2019]. 15 U.S.C.Section 1126(d), as amended.

Proposed:
Tracked Text Description: computer software application for access to audio, video, and multimedia content; Downloadable computer software for access to audio, video, and multimedia content; computer software application for access to music programming and playlist service; downloadable computer software application for access to music programming and playlist serviceClass 009 for Downloadable computer software for access to audio, video, and multimedia content; downloadable computer software application for access to music programming and playlist service
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 11/20/2019 and first used in commerce at least as early as 11/20/2019 , and is now in use in such commerce.
Filing Basis: Section 44(d), Priority based on foreign filing:For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services, and asserts a claim of priority based upon a foreign application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization, and asserts a claim of priority based upon a foreign application. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods or services that meet the certification standards of the applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on [ Jamaica application number 78124 filed 07/05/2019]. 15 U.S.C.Section 1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant has another basis for registration (Section 1(a) or Section 1(b)) and does NOT intend to rely on Section 44(e) as the basis for registration, but is only asserting a valid claim of priority. The application should not be suspended to await the submission of the foreign registration.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 041 for Production of programmed music and video displays for subscribers; audio and video recording and production services for others; music service, namely, providing specially programmed background non-downloadable music for retail establishments, public areas, and commercial establishments via telecommunications networks, computer networks, the Internet, satellite, radio, and wireless networks; musical, radio, television and video entertainment services, namely, custom arrangement and editing of music, audio and video programs; Custom music programming services
Original Filing Basis:
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 11/20/2019 and first used in commerce at least as early as 11/20/2019 , and is now in use in such commerce.

Filing Basis: Section 44(d), Priority based on foreign filing: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services, and asserts a claim of priority based upon a foreign application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization, and asserts a claim of priority based upon a foreign application. For a certification application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods or services that meet the certification standards of the applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on[ Jamaica application number 78124 filed 07/05/2019]. 15 U.S.C.Section 1126(d), as amended.

Proposed:
Tracked Text Description: Production of programmed music and video displays for subscribers; production of programmed music and video recordings for subscribers; audio and video recording and production services for others; audio and video recording and reproduction services for others; music service, namely, providing specially programmed background non-downloadable music for retail establishments, public areas, and commercial establishments via telecommunications networks, computer networks, the Internet, satellite, radio, and wireless networks; music services, namely, providing specially programmed background non-downloadable music playback for retail establishments, public areas, and commercial establishments via telecommunications networks, computer networks, the Internet, satellite, radio, and wireless networks; musical, radio, television and video entertainment services, namely, custom arrangement and editing of music, audio and video programs; musical, radio, television and video entertainment services, namely, custom arrangement and editing of music, audio, and video programs; Custom music programming services; custom music pgoramming services in the nature of music productClass 041 for production of programmed music and video recordings for subscribers; audio and video recording and reproduction services for others; music services, namely, providing specially programmed background non-downloadable music playback for retail establishments, public areas, and commercial establishments via telecommunications networks, computer networks, the Internet, satellite, radio, and wireless networks; musical, radio, television and video entertainment services, namely, custom arrangement and editing of music, audio, and video programs; custom music pgoramming services in the nature of music product
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 11/20/2019 and first used in commerce at least as early as 11/20/2019 , and is now in use in such commerce.
Filing Basis: Section 44(d), Priority based on foreign filing:For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services, and asserts a claim of priority based upon a foreign application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization, and asserts a claim of priority based upon a foreign application. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods or services that meet the certification standards of the applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on [ Jamaica application number 78124 filed 07/05/2019]. 15 U.S.C.Section 1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant has another basis for registration (Section 1(a) or Section 1(b)) and does NOT intend to rely on Section 44(e) as the basis for registration, but is only asserting a valid claim of priority. The application should not be suspended to await the submission of the foreign registration.

The applicant's current attorney information: Thomas R. La Perle. Thomas R. La Perle of APPLE INC., is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      MS: 169-3IPL
      ONE APPLE PARK WAY
      CUPERTINO, California 95014
      US

The fax number is 4082530186.

The email address is trademarkdocket@apple.com

The applicants proposed attorney information: Thomas R. La Perle. Other appointed attorneys are All other attorneys in the Trademark Law Department. Thomas R. La Perle of APPLE INC., is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      MS: 169-3IPL
      ONE APPLE PARK WAY
      CUPERTINO, California 95014
      United States

The fax number is 4082530186.

The email address is trademarkdocket@apple.com

Thomas R. La Perle submitted the following statement: The attorney of record is an active member in good standing of the bar of the highest court of a U.S. state, the District of Columbia, or any U.S. Commonwealth or territory.
The applicant's current correspondence information: THOMAS R. LA PERLE. THOMAS R. LA PERLE of APPLE INC., is located at

      MS: 169-3IPL
      ONE APPLE PARK WAY
      CUPERTINO, California 95014
      US

The fax number is 4082530186.

The email address is trademarkdocket@apple.com; keckhart@apple.com; vtom@apple.com; mtayler@apple.com

The applicants proposed correspondence information: Thomas R. La Perle. Thomas R. La Perle of APPLE INC., is located at

      MS: 169-3IPL
      ONE APPLE PARK WAY
      CUPERTINO, California 95014
      United States

The fax number is 4082530186.

The email address is trademarkdocket@apple.com; keckhart@apple.com; vtom@apple.com

SIGNATURE(S)
Response Signature
Signature: /Kimberly Eckhart/     Date: 01/16/2020
Signatory's Name: Kimberly Eckhart
Signatory's Position: Attorney of record, California bar member

Signatory's Phone Number: 408-783-6811

The signatory has confirmed that he/she is a U.S.-licensed attorney who is an active member in good standing of the bar of the highest court of a U.S. state (including the District of Columbia and any U.S. Commonwealth or territory); and he/she is currently the owner's/holder's attorney or an associate thereof; and to the best of his/her knowledge, if prior to his/her appointment another U.S.-licensed attorney not currently associated with his/her company/firm previously represented the owner/holder in this matter: the owner/holder has revoked their power of attorney by a signed revocation or substitute power of attorney with the USPTO; the USPTO has granted that attorney's withdrawal request; the owner/holder has filed a power of attorney appointing him/her in this matter; or the owner's/holder's appointed U.S.-licensed attorney has filed a power of attorney appointing him/her as an associate attorney in this matter.

Mailing Address:    THOMAS R. LA PERLE
   APPLE INC.
   MS: 169-3IPL
   ONE APPLE PARK WAY
   CUPERTINO, California 95014
Mailing Address:    Thomas R. La Perle
   APPLE INC.
   MS: 169-3IPL
   ONE APPLE PARK WAY
   CUPERTINO, California 95014
        
Serial Number: 88746158
Internet Transmission Date: Thu Jan 16 17:04:51 EST 2020
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XX-2020011617045124
9568-88746158-7006726e450e2d698f38d9d7d0
c2675418f59c1e5318241ce9c71dd8c1a1152ddb
-N/A-N/A-20200116163406115982