PTO Form 1957 (Rev 9/2005) |
OMB No. 0651-0050 (Exp. 07/31/2017) |
Response to Office Action
The table below presents the data as entered.
Input Field
|
Entered
|
SERIAL NUMBER |
76708302 |
LAW OFFICE ASSIGNED |
LAW OFFICE 107 |
MARK SECTION |
MARK FILE NAME |
http://tess2.gov.uspto.report/ImageAgent/ImageAgentProxy?getImage=76708302 |
LITERAL ELEMENT |
THE LAZY HILLBILLIE COUCH POTATO "LIVE THE LIFE" |
STANDARD CHARACTERS |
NO |
USPTO-GENERATED IMAGE |
NO |
GOODS AND/OR SERVICES SECTION (current) |
INTERNATIONAL CLASS |
009 |
DESCRIPTION |
Pre-recorded CD's and DVD's featuring live music performances by a musician |
FILING BASIS |
Section 1(a) |
FIRST USE ANYWHERE DATE |
At least as early as 05/11/2011 |
GOODS AND/OR SERVICES SECTION (proposed) |
INTERNATIONAL CLASS |
009 |
DESCRIPTION |
Pre-recorded CD's and DVD's featuring live music performances by a musician |
FILING BASIS |
Section 1(a) |
FIRST USE ANYWHERE DATE |
At least as early as 05/11/2011 |
FIRST USE IN COMMERCE DATE |
At least as early as 05/11/2011 |
SIGNATURE SECTION |
DECLARATION SIGNATURE |
/paul jordan russell/ |
SIGNATORY'S NAME |
paul jordan russell |
SIGNATORY'S POSITION |
owner |
SIGNATORY'S PHONE NUMBER |
304-472-3190 |
DATE SIGNED |
05/04/2012 |
RESPONSE SIGNATURE |
/paul jordan russell/ |
SIGNATORY'S NAME |
paul jordan russell |
SIGNATORY'S POSITION |
owner |
SIGNATORY'S PHONE NUMBER |
304472-3190 |
DATE SIGNED |
05/04/2012 |
AUTHORIZED SIGNATORY |
YES |
FILING INFORMATION SECTION |
SUBMIT DATE |
Fri May 04 15:10:28 EDT 2012 |
TEAS STAMP |
USPTO/ROA-XX.XX.XX.XX-201
20504151028957477-7670830
2-4905a60ae75a4adcff8e15d
dec9975c7-N/A-N/A-2012050
4145338614289 |
PTO Form 1957 (Rev 9/2005) |
OMB No. 0651-0050 (Exp. 07/31/2017) |
Response to Office Action
To the Commissioner for Trademarks:
Application serial no.
76708302 THE LAZY HILLBILLIE COUCH POTATO "LIVE THE LIFE" (Stylized and/or with Design, see http://tess2.gov.uspto.report/ImageAgent/ImageAgentProxy?getImage=76708302) 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 Pre-recorded CD's and DVD's featuring live music performances by a musician
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 05/11/2011 and first used in commerce at least as early as __________, and is
now in use in such commerce.
Proposed: Class 009 for Pre-recorded CD's and DVD's featuring live music performances by a musician
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 05/11/2011 and first used in commerce at least as early as 05/11/2011 , and
is now in use in such commerce.
SIGNATURE(S)
Declaration Signature
If the applicant is seeking registration under Section 1(b) and/or Section 44 of the Trademark Act, the applicant has had a bona fide intention to use or use through the applicant's related company
or licensee the mark in commerce on or in connection with the identified goods and/or services as of the filing date of the application. 37 C.F.R. Secs. 2.34(a)(2)(i); 2.34 (a)(3)(i); and
2.34(a)(4)(ii); and/or the applicant has had a bona fide intention to exercise legitimate control over the use of the mark in commerce by its members. 37 C.F. R. Sec. 2.44. If the applicant is
seeking registration under Section 1(a) of the Trademark Act, the mark was in use in commerce on or in connection with the goods and/or services listed in the application as of the application filing
date or as of the date of any submitted allegation of use. 37 C.F.R. Secs. 2.34(a)(1)(i); and/or the applicant has exercised legitimate control over the use of the mark in commerce by its members. 37
C.F.R. Sec. 2.44. 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. Section 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. Section 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: /paul jordan russell/ Date: 05/04/2012
Signatory's Name: paul jordan russell
Signatory's Position: owner
Signatory's Phone Number: 304-472-3190
Response Signature
Signature: /paul jordan russell/ Date: 05/04/2012
Signatory's Name: paul jordan russell
Signatory's Position: owner
Signatory's Phone Number: 304472-3190
The signatory has confirmed that he/she is not represented by either an authorized attorney or Canadian attorney/agent, and that he/she is either (1) the applicant or (2) a person(s) with legal
authority to bind the applicant; and if an authorized U.S. attorney or Canadian attorney/agent previously represented him/her in this matter, either he/she has filed a signed revocation of power of
attorney with the USPTO or the USPTO has granted the request of his/her prior representative to withdraw.
Serial Number: 76708302
Internet Transmission Date: Fri May 04 15:10:28 EDT 2012
TEAS Stamp: USPTO/ROA-XX.XX.XX.XX-201205041510289574
77-76708302-4905a60ae75a4adcff8e15ddec99
75c7-N/A-N/A-20120504145338614289