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 |
85147930 |
LAW OFFICE ASSIGNED |
LAW OFFICE 102 |
MARK SECTION |
MARK |
http://tmng-al.gov.uspto.report/resting2/api/img/85147930/large |
LITERAL ELEMENT |
FACEBOOK |
STANDARD CHARACTERS |
YES |
USPTO-GENERATED IMAGE |
YES |
MARK STATEMENT |
The mark consists of standard characters, without claim to any particular font style, size or color. |
GOODS AND/OR SERVICES SECTION (current) |
INTERNATIONAL CLASS |
038 |
DESCRIPTION |
delivery of digital music by electronic transmission |
FIRST USE ANYWHERE DATE |
At least as early as 09/00/2011 |
FIRST USE IN COMMERCE DATE |
At least as early as 09/00/2011 |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (proposed) |
INTERNATIONAL CLASS |
038 |
DESCRIPTION |
delivery of digital music by electronic transmission |
FIRST USE ANYWHERE DATE |
At least as early as 09/00/2011 |
FIRST USE IN COMMERCE DATE |
At least as early as 09/00/2011 |
STATEMENT TYPE |
"The substitute (or new, or originally submitted, 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, or originally submitted, 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]. OR "The attached specimen is a true copy of the specimen that was originally submitted with the application, amendment to allege use, or statement of use" [for an
illegible specimen]. |
SPECIMEN FILE NAME(S) |
ORIGINAL PDF FILE |
SPU0-17322717410-20151026180206977058_._FACEBOOK_-_85147930.pdf |
CONVERTED PDF FILE(S)
(2 pages) |
\\TICRS\EXPORT16\IMAGEOUT16\851\479\85147930\xml26\ROA0002.JPG |
|
\\TICRS\EXPORT16\IMAGEOUT16\851\479\85147930\xml26\ROA0003.JPG |
SPECIMEN DESCRIPTION |
Screenshots of the login page and Help Center for Applicant's online platform showing use of the Mark in connection with the Class 38
services |
SIGNATURE SECTION |
DECLARATION SIGNATURE |
The filing Attorney has elected not to submit the signed declaration, believing no supporting declaration is required under the Trademark
Rules of Practice. |
RESPONSE SIGNATURE |
/cc/ |
SIGNATORY'S NAME |
Caroline Camp |
SIGNATORY'S POSITION |
Attorney for applicant, NY bar member |
SIGNATORY'S PHONE NUMBER |
650-843-5990 |
DATE SIGNED |
10/26/2015 |
AUTHORIZED SIGNATORY |
YES |
FILING INFORMATION SECTION |
SUBMIT DATE |
Mon Oct 26 18:12:13 EDT 2015 |
TEAS STAMP |
USPTO/ROA-XXX.XXX.XXX.XX-
20151026181213924169-8514
7930-54062bbb457d4e5898db
4403f672feec38db351e57f1c
911bd05de2897d89fd6f0-N/A
-N/A-20151026180206977058 |
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.
85147930 FACEBOOK(Standard Characters, see http://tmng-al.gov.uspto.report/resting2/api/img/85147930/large) 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 038 for delivery of digital music by electronic transmission
Original Filing Basis:
Filing Basis: Section 1(b), Intent to Use: 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 in the 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.
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, and 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/services that
meet the certification standards of the applicant.
In International Class 038, the mark was first used at least as early as 09/00/2011 and first used in commerce at least as early as 09/00/2011 .
Proposed: Class 038 for delivery of digital music by electronic transmission
Deleted Filing Basis: 1(b)
In International Class 038, the mark was first used at least as early as 09/00/2011 . and first used in commerce at least as early as 09/00/2011 .
Applicant hereby submits one(or more) specimen(s) for Class 038 . The specimen(s) submitted consists of Screenshots of the login page and Help Center for Applicant's online platform showing use of
the Mark in connection with the Class 38 services .
"
The substitute (or new, or originally submitted, 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, or originally submitted, 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].
OR "The attached specimen is a true copy
of the specimen that was originally submitted with the application, amendment to allege use, or statement of use" [for an illegible specimen].
Original PDF file:
SPU0-17322717410-20151026180206977058_._FACEBOOK_-_85147930.pdf
Converted PDF file(s) ( 2 pages)
Specimen File1
Specimen File2
SIGNATURE(S)
Declaration Signature
I hereby elect to bypass the submission of a signed declaration, because I believe a declaration is not required by the rules of practice. I understand that the examining attorney could still, upon
later review, require a signed declaration.
Response Signature
Signature: /cc/ Date: 10/26/2015
Signatory's Name: Caroline Camp
Signatory's Position: Attorney for applicant, NY bar member
Signatory's Phone Number: 650-843-5990
The signatory has confirmed that he/she is an attorney who is a member in good standing of the bar of the highest court of a U.S. state, which includes the District of Columbia, Puerto Rico, and
other federal territories and possessions; 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. attorney or a Canadian attorney/agent not currently associated with his/her company/firm previously represented the owner/holder in this matter: (1) the owner/holder has filed or is concurrently
filing a signed revocation of or substitute power of attorney with the USPTO; (2) the USPTO has granted the request of the prior representative to withdraw; (3) the owner/holder has filed a power of
attorney appointing him/her in this matter; or (4) the owner's/holder's appointed U.S. attorney or Canadian attorney/agent has filed a power of attorney appointing him/her as an associate attorney in
this matter.
Serial Number: 85147930
Internet Transmission Date: Mon Oct 26 18:12:13 EDT 2015
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.XX-201510261812139
24169-85147930-54062bbb457d4e5898db4403f
672feec38db351e57f1c911bd05de2897d89fd6f
0-N/A-N/A-20151026180206977058