| 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 |
85193348 |
| LAW OFFICE ASSIGNED |
LAW OFFICE 103 |
| MARK SECTION (no change) |
| ARGUMENT(S) |
|
Please see the actual argument text attached within the Evidence section.
|
| EVIDENCE SECTION |
| EVIDENCE FILE NAME(S) |
| ORIGINAL PDF FILE |
evi_1-6619412154-160225755_._Zander_Response.pdf |
CONVERTED PDF FILE(S)
(5 pages) |
\\TICRS\EXPORT11\IMAGEOUT11\851\933\85193348\xml4\ROA0002.JPG |
| |
\\TICRS\EXPORT11\IMAGEOUT11\851\933\85193348\xml4\ROA0003.JPG |
| |
\\TICRS\EXPORT11\IMAGEOUT11\851\933\85193348\xml4\ROA0004.JPG |
| |
\\TICRS\EXPORT11\IMAGEOUT11\851\933\85193348\xml4\ROA0005.JPG |
| |
\\TICRS\EXPORT11\IMAGEOUT11\851\933\85193348\xml4\ROA0006.JPG |
| ORIGINAL PDF FILE |
evi_6619412154-160225755_._Ex._A.pdf |
CONVERTED PDF FILE(S)
(2 pages) |
\\TICRS\EXPORT11\IMAGEOUT11\851\933\85193348\xml4\ROA0007.JPG |
| |
\\TICRS\EXPORT11\IMAGEOUT11\851\933\85193348\xml4\ROA0008.JPG |
| ORIGINAL PDF FILE |
evi_6619412154-160225755_._Ex._B.pdf |
CONVERTED PDF FILE(S)
(2 pages) |
\\TICRS\EXPORT11\IMAGEOUT11\851\933\85193348\xml4\ROA0009.JPG |
| |
\\TICRS\EXPORT11\IMAGEOUT11\851\933\85193348\xml4\ROA0010.JPG |
| ORIGINAL PDF FILE |
evi_6619412154-160225755_._Ex._C.pdf |
CONVERTED PDF FILE(S)
(1 page) |
\\TICRS\EXPORT11\IMAGEOUT11\851\933\85193348\xml4\ROA0011.JPG |
| DESCRIPTION OF EVIDENCE FILE |
Argument, Webster's Dictionary entry, Wikipedia webpage, dictionary.com entry |
| GOODS AND/OR SERVICES SECTION (current) |
| INTERNATIONAL CLASS |
041 |
| DESCRIPTION |
| Entertainment services, namely, live musical and vocal performances by a recording artist, musical artist, musical band or musical
group; entertainment services in the nature of visual and audio performances by a recording artist, musical artist, musical band or musical group; entertainment services, namely, live music concerts;
entertainment services, namely, personal appearances by a recording artist, musical artist, musical band or musical group; entertainment services, namely providing music composition and musical and
vocal recording services; entertainment services, namely, providing web sites or otherwise providing information via a global communications network featuring musical performances, musical videos,
photographs, and other multimedia materials and entertainment information relating to a recording artist, musical artist, musical band or musical group including information on tours, performances,
appearances, news, biographies, contests, audio and audiovisual recordings, audio and audiovisual streams or webcasts, online journals and blogs, fan clubs, and other entertainment information |
| FILING BASIS |
Section 1(a) |
| FIRST USE ANYWHERE DATE |
At least as early as 01/21/2009 |
| FIRST USE IN COMMERCE DATE |
At least as early as 01/21/2009 |
| GOODS AND/OR SERVICES SECTION (proposed) |
| INTERNATIONAL CLASS |
041 |
| TRACKED TEXT DESCRIPTION |
ENTERTAINMENT SERVICES, NAMELY, LIVE MUSICAL AND VOCAL PERFORMANCES BY A RECORDING ARTIST, MUSICAL ARTIST, MUSICAL
BAND OR MUSICAL GROUP; ENTERTAINMENT SERVICES IN THE NATURE OF VISUAL AND AUDIO PERFORMANCES BY A RECORDING ARTIST, MUSICAL ARTIST, MUSICAL BAND OR MUSICAL GROUP;
ENTERTAINMENT SERVICES, NAMELY, LIVE MUSIC CONCERTS; ENTERTAINMENT SERVICES, NAMELY, PERSONAL APPEARANCES BY A RECORDING ARTIST, MUSICAL ARTIST, MUSICAL
BAND OR MUSICAL GROUP; entertainment services, namely providing music composition and musical and vocal recording services; PRODUCTION OF SOUND RECORDINGS IN THE NATURE OF MUSICAL AND VOCAL RECORDINGS; entertainment services, namely, providing web sites or otherwise providing
information via a global communications network featuring musical performances, musical videos, photographs, and other multimedia materials and entertainment information relating to a recording
artist, musical artist, musical band or musical group including information on tours, performances, appearances, news, biographies, contests, audio and audiovisual recordings, audio and audiovisual
streams or webcasts, online journals and blogs, fan clubs, and other entertainment information; ENTERTAINMENT SERVICES, NAMELY, PROVIDING A WEBSITE FEATURING
INFORMATION ABOUT MUSICAL PERFORMANCES AND OTHER ENTERTAINMENT INFORMATION RELATING TO A RECORDING ARTIST, MUSICAL ARTIST, MUSICAL BAND OR MUSICAL GROUP |
| FINAL DESCRIPTION |
| ENTERTAINMENT SERVICES, NAMELY, LIVE MUSICAL AND VOCAL PERFORMANCES BY A RECORDING ARTIST, MUSICAL ARTIST, MUSICAL BAND OR MUSICAL
GROUP; ENTERTAINMENT SERVICES IN THE NATURE OF VISUAL AND AUDIO PERFORMANCES BY A RECORDING ARTIST, MUSICAL ARTIST, MUSICAL BAND OR MUSICAL GROUP; ENTERTAINMENT SERVICES, NAMELY, LIVE MUSIC CONCERTS;
ENTERTAINMENT SERVICES, NAMELY, PERSONAL APPEARANCES BY A RECORDING ARTIST, MUSICAL ARTIST, MUSICAL BAND OR MUSICAL GROUP; PRODUCTION OF SOUND RECORDINGS IN THE NATURE OF MUSICAL AND VOCAL
RECORDINGS; ENTERTAINMENT SERVICES, NAMELY, PROVIDING A WEBSITE FEATURING INFORMATION ABOUT MUSICAL PERFORMANCES AND OTHER ENTERTAINMENT INFORMATION RELATING TO A RECORDING ARTIST, MUSICAL ARTIST,
MUSICAL BAND OR MUSICAL GROUP |
| FILING BASIS |
Section 1(a) |
| FIRST USE ANYWHERE DATE |
At least as early as 01/21/2009 |
| FIRST USE IN COMMERCE DATE |
At least as early as 01/21/2009 |
| 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) |
| ORIGINAL PDF FILE |
SPU0-6619412154-160225755_._Specimen_1.pdf |
CONVERTED PDF FILE(S)
(2 pages) |
\\TICRS\EXPORT11\IMAGEOUT11\851\933\85193348\xml4\ROA0012.JPG |
| |
\\TICRS\EXPORT11\IMAGEOUT11\851\933\85193348\xml4\ROA0013.JPG |
| ORIGINAL PDF FILE |
SPU0-6619412154-160225755_._Specimen_2.pdf |
CONVERTED PDF FILE(S)
(1 page) |
\\TICRS\EXPORT11\IMAGEOUT11\851\933\85193348\xml4\ROA0014.JPG |
| ORIGINAL PDF FILE |
SPU0-6619412154-160225755_._Specimen_3.pdf |
CONVERTED PDF FILE(S)
(1 page) |
\\TICRS\EXPORT11\IMAGEOUT11\851\933\85193348\xml4\ROA0015.JPG |
| ORIGINAL PDF FILE |
SPU0-6619412154-160225755_._Specimen_4.pdf |
CONVERTED PDF FILE(S)
(1 page) |
\\TICRS\EXPORT11\IMAGEOUT11\851\933\85193348\xml4\ROA0016.JPG |
| ORIGINAL PDF FILE |
SPU0-6619412154-160225755_._Specimen_5.pdf |
CONVERTED PDF FILE(S)
(1 page) |
\\TICRS\EXPORT11\IMAGEOUT11\851\933\85193348\xml4\ROA0017.JPG |
| ORIGINAL PDF FILE |
SPU0-6619412154-160225755_._Specimen_6.pdf |
CONVERTED PDF FILE(S)
(1 page) |
\\TICRS\EXPORT11\IMAGEOUT11\851\933\85193348\xml4\ROA0018.JPG |
| ORIGINAL PDF FILE |
SPU0-6619412154-160225755_._Specimen_7.pdf |
CONVERTED PDF FILE(S)
(2 pages) |
\\TICRS\EXPORT11\IMAGEOUT11\851\933\85193348\xml4\ROA0019.JPG |
| |
\\TICRS\EXPORT11\IMAGEOUT11\851\933\85193348\xml4\ROA0020.JPG |
| SPECIMEN DESCRIPTION |
website screenshots from iTunes, website screenshot from record label Interscope Records, website screenshot from Applicant's website, website
screenshot from Applicant's Facebook page, concert posters |
| ADDITIONAL STATEMENTS SECTION |
| SECTION 2(f) |
The mark has become distinctive of the goods/services through the applicant's substantially exclusive and continuous use in commerce that the
U.S. Congress may lawfully regulate for at least the five years immediately before the date of this statement. |
| MISCELLANEOUS STATEMENT |
The section 2(f) claim is made in the alternative to the claim that the mark is not primarily merely a surname. Please see Argument section
for discussion. |
| SIGNATURE SECTION |
| ORIGINAL PDF FILE |
HS_6619412154-160225755_._Declaration_Page__Signed_.pdf |
CONVERTED PDF FILE(S)
(1 page) |
\\TICRS\EXPORT11\IMAGEOUT11\851\933\85193348\xml4\ROA0021.JPG |
| SIGNATORY'S NAME |
Thomas Zander Bleck |
| SIGNATORY'S POSITION |
Owner |
| RESPONSE SIGNATURE |
/Coe W. Ramsey/ |
| SIGNATORY'S NAME |
Coe W. Ramsey |
| SIGNATORY'S POSITION |
Attorney of Record, NC Bar member |
| DATE SIGNED |
08/26/2011 |
| AUTHORIZED SIGNATORY |
YES |
| FILING INFORMATION SECTION |
| SUBMIT DATE |
Fri Aug 26 16:48:45 EDT 2011 |
| TEAS STAMP |
USPTO/ROA-XX.XXX.XXX.XX-2
0110826164845698330-85193
348-480609ce3add15066d158
65ff2343bbc8ce-N/A-N/A-20
110826160225755741 |
| 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.
85193348 has been amended as follows:
ARGUMENT(S)
In response to the substantive refusal(s), please note the following:
Please see the actual argument text attached within the Evidence section.
EVIDENCE
Evidence in the nature of Argument, Webster's Dictionary entry, Wikipedia webpage, dictionary.com entry has been attached.
Original PDF file:
evi_1-6619412154-160225755_._Zander_Response.pdf
Converted PDF file(s) (5 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Original PDF file:
evi_6619412154-160225755_._Ex._A.pdf
Converted PDF file(s) (2 pages)
Evidence-1
Evidence-2
Original PDF file:
evi_6619412154-160225755_._Ex._B.pdf
Converted PDF file(s) (2 pages)
Evidence-1
Evidence-2
Original PDF file:
evi_6619412154-160225755_._Ex._C.pdf
Converted PDF file(s) (1 page)
Evidence-1
CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 041 for Entertainment services, namely, live musical and vocal performances by a recording artist, musical artist, musical band or musical group; entertainment services in the
nature of visual and audio performances by a recording artist, musical artist, musical band or musical group; entertainment services, namely, live music concerts; entertainment services, namely,
personal appearances by a recording artist, musical artist, musical band or musical group; entertainment services, namely providing music composition and musical and vocal recording services;
entertainment services, namely, providing web sites or otherwise providing information via a global communications network featuring musical performances, musical videos, photographs, and other
multimedia materials and entertainment information relating to a recording artist, musical artist, musical band or musical group including information on tours, performances, appearances, news,
biographies, contests, audio and audiovisual recordings, audio and audiovisual streams or webcasts, online journals and blogs, fan clubs, and other entertainment information
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 01/21/2009 and first used in commerce at least as early as 01/21/2009, and is
now in use in such commerce.
Proposed:
Tracked Text Description: ENTERTAINMENT SERVICES, NAMELY, LIVE MUSICAL AND VOCAL PERFORMANCES BY A RECORDING ARTIST, MUSICAL ARTIST, MUSICAL BAND OR MUSICAL GROUP;
ENTERTAINMENT SERVICES IN THE NATURE OF VISUAL AND AUDIO PERFORMANCES BY A RECORDING ARTIST, MUSICAL ARTIST, MUSICAL BAND OR MUSICAL GROUP;
ENTERTAINMENT SERVICES, NAMELY, LIVE MUSIC CONCERTS;
ENTERTAINMENT SERVICES, NAMELY, PERSONAL APPEARANCES BY A RECORDING ARTIST, MUSICAL ARTIST, MUSICAL BAND OR
MUSICAL GROUP;
entertainment services, namely providing music composition and musical and vocal recording services;
PRODUCTION OF SOUND RECORDINGS IN THE NATURE OF MUSICAL AND VOCAL RECORDINGS;
entertainment services, namely, providing web sites or otherwise providing
information via a global communications network featuring musical performances, musical videos, photographs, and other multimedia materials and entertainment information relating to a recording
artist, musical artist, musical band or musical group including information on tours, performances, appearances, news, biographies, contests, audio and audiovisual recordings, audio and audiovisual
streams or webcasts, online journals and blogs, fan clubs, and other entertainment information;
ENTERTAINMENT SERVICES, NAMELY, PROVIDING A WEBSITE FEATURING
INFORMATION ABOUT MUSICAL PERFORMANCES AND OTHER ENTERTAINMENT INFORMATION RELATING TO A RECORDING ARTIST, MUSICAL ARTIST, MUSICAL BAND OR MUSICAL GROUPClass 041 for ENTERTAINMENT SERVICES,
NAMELY, LIVE MUSICAL AND VOCAL PERFORMANCES BY A RECORDING ARTIST, MUSICAL ARTIST, MUSICAL BAND OR MUSICAL GROUP; ENTERTAINMENT SERVICES IN THE NATURE OF VISUAL AND AUDIO PERFORMANCES BY A RECORDING
ARTIST, MUSICAL ARTIST, MUSICAL BAND OR MUSICAL GROUP; ENTERTAINMENT SERVICES, NAMELY, LIVE MUSIC CONCERTS; ENTERTAINMENT SERVICES, NAMELY, PERSONAL APPEARANCES BY A RECORDING ARTIST, MUSICAL ARTIST,
MUSICAL BAND OR MUSICAL GROUP; PRODUCTION OF SOUND RECORDINGS IN THE NATURE OF MUSICAL AND VOCAL RECORDINGS; ENTERTAINMENT SERVICES, NAMELY, PROVIDING A WEBSITE FEATURING INFORMATION ABOUT MUSICAL
PERFORMANCES AND OTHER ENTERTAINMENT INFORMATION RELATING TO A RECORDING ARTIST, MUSICAL ARTIST, MUSICAL BAND OR 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 01/21/2009 and first used in commerce at least as early as 01/21/2009, and is
now in use in such commerce.
Applicant hereby submits a new specimen for Class 041. The specimen(s) submitted consists of website screenshots from iTunes, website screenshot from record label Interscope Records, website
screenshot from Applicant's website, website screenshot from Applicant's Facebook page, concert posters.
"
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:
SPU0-6619412154-160225755_._Specimen_1.pdf
Converted PDF file(s) (2 pages)
Specimen File1
Specimen File2
Original PDF file:
SPU0-6619412154-160225755_._Specimen_2.pdf
Converted PDF file(s) (1 page)
Specimen File1
Original PDF file:
SPU0-6619412154-160225755_._Specimen_3.pdf
Converted PDF file(s) (1 page)
Specimen File1
Original PDF file:
SPU0-6619412154-160225755_._Specimen_4.pdf
Converted PDF file(s) (1 page)
Specimen File1
Original PDF file:
SPU0-6619412154-160225755_._Specimen_5.pdf
Converted PDF file(s) (1 page)
Specimen File1
Original PDF file:
SPU0-6619412154-160225755_._Specimen_6.pdf
Converted PDF file(s) (1 page)
Specimen File1
Original PDF file:
SPU0-6619412154-160225755_._Specimen_7.pdf
Converted PDF file(s) (2 pages)
Specimen File1
Specimen File2
ADDITIONAL STATEMENTS
Section 2(f), based on Use
The mark has become distinctive of the goods/services through the applicant's substantially exclusive and continuous use in commerce that the U.S. Congress may lawfully regulate for at least the five
years immediately before the date of this statement.
The section 2(f) claim is made in the alternative to the claim that the mark is not primarily merely a surname. Please see Argument section for discussion.
SIGNATURE(S)
Declaration Signature
Original PDF file:
HS_6619412154-160225755_._Declaration_Page__Signed_.pdf
Converted PDF file(s) (1 page)
Signature File1
Signatory's Name: Thomas Zander Bleck
Signatory's Position: Owner
Response Signature
Signature: /Coe W. Ramsey/ Date: 08/26/2011
Signatory's Name: Coe W. Ramsey
Signatory's Position: Attorney of Record, NC Bar member
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 applicant'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 applicant in this matter: (1) the applicant 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 applicant has filed a power of attorney
appointing him/her in this matter; or (4) the applicant'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: 85193348
Internet Transmission Date: Fri Aug 26 16:48:45 EDT 2011
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XX-2011082616484569
8330-85193348-480609ce3add15066d15865ff2
343bbc8ce-N/A-N/A-20110826160225755741
