Response to Office Action

PTO Form 1957 (Rev 9/2005)

OMB No. 0651-0050 (Exp. 07/31/2017)

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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. 85260857 CLIMAX(Standard Characters, see http://uspto.report/TM/85260857/mark.png) 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 009 for Audio and video recordings featuring music and artistic performances; Audio tapes featuring music; Compact discs featuring music; Compact discs featuring music and spoken word in the form of poetry; Downloadable MP3 files, MP3 recordings, on-line discussion boards, webcasts, webinars and podcasts featuring music, audio books in the field of rap music, and news broadcasts; Downloadable musical sound recordings; Downloadable ring tones, graphics and music via a global computer network and wireless devices; Musical recordings; Musical sound recordings; Musical video recordings; Phonograph records featuring music; Series of musical sound recordings
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 12/15/2010 and first used in commerce at least as early as 12/30/2010 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Audio and video recordings featuring music and artistic performances; Audio tapes featuring music; Compact discs featuring music; Compact discs featuring music and spoken word in the form of poetry; Downloadable MP3 files, MP3 recordings, on-line discussion boards, webcasts, webinars and podcasts featuring music, audio books in the field of rap music, and news broadcasts; Downloadable MP3 files, MP3 recordings, on-line discussion board posts, webcasts, webinars, podcasts, news broadcasts, and audio books in the field of rap music; Downloadable musical sound recordings; Downloadable ring tones, graphics and music via a global computer network and wireless devices; Musical recordings; Musical sound recordings; Musical video recordings; Phonograph records featuring music; Series of musical sound recordingsClass 009 for Audio and video recordings featuring music and artistic performances; Audio tapes featuring music; Compact discs featuring music; Compact discs featuring music and spoken word in the form of poetry;Downloadable MP3 files, MP3 recordings, on-line discussion board posts, webcasts, webinars, podcasts, news broadcasts, and audio books in the field of rap music; Downloadable musical sound recordings; Downloadable ring tones, graphics and music via a global computer network and wireless devices; Musical recordings; Musical sound recordings; Musical video recordings; Phonograph records featuring music; Series of musical sound recordings
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 12/15/2010 and first used in commerce at least as early as 12/30/2011 , and is now in use in such commerce.
Applicant hereby submits one(or more) specimen(s) for Class 009 . The specimen(s) submitted consists of packaging for audio recordings .
"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 File1
Specimen File2

ATTORNEY ADDRESS
Applicant proposes to amend the following:
Proposed:
Lillian Taylor Stajnbaher of LERNER GREENBERG STEMER LLP, having an address of
PO Box 2480 Hollywood, Florida 33022
United States
trademarks@patentusa.com
954-925-1100
954-925-1101


CORRESPONDENCE ADDRESS CHANGE
Applicant proposes to amend the following:
Current:
POMERANZ, MAX, J
1920 E HALLANDALE BEACH BLVD STE 802
HALLANDALE BEACH
Florida (FL)
US
33009-4725

Proposed:
Lillian Taylor Stajnbaher of LERNER GREENBERG STEMER LLP, having an address of
PO Box 2480 Hollywood, Florida 33022
United States
trademarks@patentusa.com;office@patentusa.com
954-925-1100
954-925-1101



ADDITIONAL STATEMENTS
Miscellaneous Statement
The applicant intended to file a trademark. The mark has been use in commerce, as defined by 15 U.S.C. §1127, in connection with the goods listed in the application as of the application filing date.


SIGNATURE(S)
Declaration Signature
Original PDF file:
HS_6719136112-181157724_._climax_2015.pdf
Converted PDF file(s) (1 page)
Signature File1
Signatory's Name: Max J. Pomeranz
Signatory's Position: applicant

Response Signature
Signature: /Lillian Taylor Stajnbaher/LTHS/012115/     Date: 01/21/2015
Signatory's Name: Lillian Taylor Stajnbaher
Signatory's Position: Attorney of Record, California State Bar member

Signatory's Phone Number: 954-925-1100

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.

Mailing Address:    Lillian Taylor Stajnbaher
   LERNER GREENBERG STEMER LLP
   PO Box 2480
   Hollywood, Florida 33022
        
Serial Number: 85260857
Internet Transmission Date: Wed Jan 21 18:32:56 EST 2015
TEAS Stamp: USPTO/ROA-XX.XXX.XX.XXX-2015012118325660
8634-85260857-5308066ec61d6caa499e8db7c2
aacc47c49e791a3b1b3172a6e08fc86255d719f8
-N/A-N/A-20150121181157724815