Response to Office Action

PTO Form 1957 (Rev 9/2005)

OMB No. 0651-0050 (Exp. 04/30/2011)

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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. 77759741 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 Arranging and conducting of concerts; Entertainment, namely, a series of live music concerts; Organizing a series of community festivals featuring musical performances, metaphysical and spiritual information, cultural and art exhibitions, all related to the scientific and spiritual nature of water; Entertainment and educational services, namely, providing a website featuring non-downloadable musical performances, musical videos, related film clips, photographs and other multimedia materials and interactive musical, video, film, and multimedia entertainment events related to a musical and multimedia performance celebrating water and its spiritual nature; Entertainment, namely, multimedia production services; Educational and entertainment services, namely, providing live and on-line interactive concerts; Arranging and conducting live, interactive concerts; Educational services, namely, conducting on-line exhibitions and displays and interactive exhibits in the field of the scientific and spiritual properties of water
Original Filing Basis:
Filing Basis: Section 1(b), Intent to Use: The applicant has 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. (15 U.S.C. Section 1051(b)).

In International Class 041, the mark was first used at least as early as 02/09/2009 and first used in commerce at least as early as 02/09/2009.

Proposed: Class 041 for Arranging and conducting of concerts; Entertainment, namely, a series of live music concerts; Organizing a series of community festivals featuring musical performances, metaphysical and spiritual information, cultural and art exhibitions, all related to the scientific and spiritual nature of water; Entertainment and educational services, namely, providing a website featuring non-downloadable musical performances, musical videos, related film clips, photographs and other multimedia materials and interactive musical, video, film, and multimedia entertainment events related to a musical and multimedia performance celebrating water and its spiritual nature; Entertainment, namely, multimedia production services; Educational and entertainment services, namely, providing live and on-line interactive concerts; Arranging and conducting live, interactive concerts; Educational services, namely, conducting on-line exhibitions and displays and interactive exhibits in the field of the scientific and spiritual properties of water

Deleted Filing Basis: 1(b)
In International Class 041, the mark was first used at least as early as 02/09/2009. and first used in commerce at least as early as 02/09/2009.

Applicant hereby submits a new specimen for Class 041. The specimen(s) submitted consists of This pdf file contains 5 pages from the Internet advertising on www.LIVEH2O.org that shows the mark on 4 of the 5 pages. This advertisment, and use of the mark, has been ongoing since 2009, with a new concert scheduled in several locations on 11-11-11. Thank you for accepting this new specimen that shows the mark used in trade..
"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].
Original PDF file:
SPU0-98155213228-185510385_._Live_H2O___Concert_For_The_Living_Water.pdf
Converted PDF file(s) (5 pages)
Specimen File1
Specimen File2
Specimen File3
Specimen File4
Specimen File5

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: /Leonard G. Horowitz/      Date: 09/12/2011
Signatory's Name: Leonard G. Horowitz
Signatory's Position: President

Response Signature
Signature: /Leonard G. Horowitz/     Date: 09/12/2011
Signatory's Name: Leonard G. Horowitz
Signatory's Position: 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: 77759741
Internet Transmission Date: Mon Sep 12 19:17:08 EDT 2011
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XXX-201109121917080
44835-77759741-4809a6ead366761a157010912
dc9b48b44-N/A-N/A-20110912185510385274