PTO Form 1957 (Rev 9/2005) |
OMB No. 0651-0050 (Exp. 04/30/2011) |
Response to Office Action
The table below presents the data as entered.
Input Field
|
Entered
|
SERIAL NUMBER |
77729056 |
LAW OFFICE ASSIGNED |
LAW OFFICE 113 |
MARK SECTION (no change) |
GOODS AND/OR SERVICES SECTION (current) |
INTERNATIONAL CLASS |
041 |
DESCRIPTION |
Entertainment, namely, live vocal and instrumental performances by a musical group |
FILING BASIS |
Section 1(a) |
FIRST USE ANYWHERE DATE |
At least as early as 06/26/1982 |
FIRST USE IN COMMERCE DATE |
At least as early as 12/20/1982 |
GOODS AND/OR SERVICES SECTION (proposed) |
INTERNATIONAL CLASS |
041 |
DESCRIPTION |
Entertainment, namely, live vocal and instrumental performances by a musical group |
FILING BASIS |
Section 1(a) |
FIRST USE ANYWHERE DATE |
At least as early as 06/26/1982 |
FIRST USE IN COMMERCE DATE |
At least as early as 12/20/1982 |
STATEMENT TYPE |
"The substitute (or new, 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, 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]. |
SPECIMEN
FILE NAME(S) |
\\TICRS\EXPORT8\IMAGEOUT8 \777\290\77729056\xml3\RO A0002.JPG |
SPECIMEN DESCRIPTION |
Poster advertising a live performance by the group PRIORITY |
SIGNATURE SECTION |
DECLARATION SIGNATURE |
/David Staton/ |
SIGNATORY'S NAME |
David Staton |
SIGNATORY'S POSITION |
Vice President |
DATE SIGNED |
11/18/2009 |
RESPONSE SIGNATURE |
/David Staton/ |
SIGNATORY'S NAME |
David Staton |
SIGNATORY'S POSITION |
Vice President |
DATE SIGNED |
11/18/2009 |
AUTHORIZED SIGNATORY |
YES |
FILING INFORMATION SECTION |
SUBMIT DATE |
Wed Nov 18 15:06:37 EST 2009 |
TEAS STAMP |
USPTO/ROA-XX.XXX.XX.XX-20
091118150637140464-777290
56-4601c2d3cdb82d3a7a7c39
628c177d0a-N/A-N/A-200911
18145326277176 |
PTO Form 1957 (Rev 9/2005) |
OMB No. 0651-0050 (Exp. 04/30/2011) |
Response to Office Action
To the Commissioner for Trademarks:
Application serial no.
77729056 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 041 for Entertainment, namely, live vocal and instrumental performances by a musical group
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 06/26/1982 and first used in commerce at least as early as 12/20/1982, and is
now in use in such commerce.
Proposed: Class 041 for Entertainment, namely, live vocal and instrumental performances by a musical group
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 06/26/1982 and first used in commerce at least as early as 12/20/1982, and is
now in use in such commerce.
Applicant hereby submits a new specimen for Class 041. The specimen(s) submitted consists of Poster advertising a live performance by the group PRIORITY.
"
The substitute (or new, 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, 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].
Specimen File1
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. 244. 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. Section1001, 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. Section1051(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: /David Staton/ Date: 11/18/2009
Signatory's Name: David Staton
Signatory's Position: Vice President
Response Signature
Signature: /David Staton/ Date: 11/18/2009
Signatory's Name: David Staton
Signatory's Position: Vice President
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: 77729056
Internet Transmission Date: Wed Nov 18 15:06:37 EST 2009
TEAS Stamp: USPTO/ROA-XX.XXX.XX.XX-20091118150637140
464-77729056-4601c2d3cdb82d3a7a7c39628c1
77d0a-N/A-N/A-20091118145326277176