| PTO Form 1957 (Rev 9/2005) |
| OMB No. 0651-0050 (Exp. 04/2009) |
| Input Field |
Entered |
| SERIAL NUMBER | 78875748 |
| LAW OFFICE ASSIGNED | LAW OFFICE 103 |
| MARK SECTION (no change) | |
| ARGUMENT(S) | |
|
The Examiner has refused registration on grounds that the mark does not function as a trademark for the goods themselves, but states that, to overcome this refusal, Applicant may (1) submit evidence that the mark has been used on at least two recordings and (2) amend the identification of goods to state that the sound recordings comprise a series. Applicant therefore submits evidence of the mark used on multiple recordings, in the form of photographs of several of Applicant's recordings as seen on the Amazon.com® website, and has amended the identification of good to specify that the sound recordings comprise a series. Having complied with the Examiner's requirements, Applicant respectfully requests that this application be approved for publication.
|
|
| EVIDENCE SECTION | |
| EVIDENCE FILE NAME(S) |
\\TICRS\EXPORT2\IMAGEOUT2 \788\757\78875748\xml3\RO A0002.JPG |
| \\TICRS\EXPORT2\IMAGEOUT2 \788\757\78875748\xml3\RO A0003.JPG | |
| \\TICRS\EXPORT2\IMAGEOUT2 \788\757\78875748\xml3\RO A0004.JPG | |
| \\TICRS\EXPORT2\IMAGEOUT2 \788\757\78875748\xml3\RO A0005.JPG | |
| DESCRIPTION OF EVIDENCE FILE | printouts from the Amazon.com website showing additional examples of Applicant's mark used on multiple recordings |
| GOODS AND/OR SERVICES SECTION (009)(current) | |
| INTERNATIONAL CLASS | 009 |
| DESCRIPTION | |
| Prerecorded video tapes, video cassettes, digital video discs (DVDs), compact discs (CDs), and other electronic media, namely, magnetic tape and digital electronic media featuring performances of a musical group | |
| FILING BASIS | Section 1(a) |
| FIRST USE ANYWHERE DATE | At least as early as 12/00/2004 |
| FIRST USE IN COMMERCE DATE | At least as early as 03/18/2006 |
| GOODS AND/OR SERVICES SECTION (009)(proposed) | |
| INTERNATIONAL CLASS | 009 |
| DESCRIPTION | |
| A series of prerecorded video tapes, video cassettes, digital video discs (DVDs), compact discs (CDs), and other electronic media, namely, magnetic tape and digital electronic media featuring performances of a musical group | |
| FILING BASIS | Section 1(a) |
| FIRST USE ANYWHERE DATE | At least as early as 12/00/2004 |
| FIRST USE IN COMMERCE DATE | At least as early as 03/18/2006 |
| GOODS AND/OR SERVICES SECTION (041)(no change) | |
| SIGNATURE SECTION | |
| RESPONSE SIGNATURE | /louis j. levy/ |
| SIGNATORY'S NAME | Louis J. Levy |
| SIGNATORY'S POSITION | Attorney |
| DATE SIGNED | 11/15/2006 |
| AUTHORIZED SIGNATORY | YES |
| FILING INFORMATION SECTION | |
| SUBMIT DATE | Wed Nov 15 09:35:56 EST 2006 |
| TEAS STAMP | USPTO/ROA-XXX.X.XXX.XX-20 061115093556555528-788757 48-340b7c9d87b459461a1f66 0bd4a44a4e17-N/A-N/A-2006 1115090850831307 |
| PTO Form 1957 (Rev 9/2005) |
| OMB No. 0651-0050 (Exp. 04/2009) |
The Examiner has refused registration on grounds that the mark does not function as a trademark for the goods themselves, but states that, to overcome this refusal, Applicant may (1) submit evidence that the mark has been used on at least two recordings and (2) amend the identification of goods to state that the sound recordings comprise a series.
Applicant therefore submits evidence of the mark used on multiple recordings, in the form of photographs of several of Applicant's recordings as seen on the Amazon.com® website, and has amended the identification of good to specify that the sound recordings comprise a series. Having complied with the Examiner's requirements, Applicant respectfully requests that this application be approved for publication.
