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. 85330765 ADELE(Standard Characters, see http://tess2.gov.uspto.report/ImageAgent/ImageAgentProxy?getImage=85330765) 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 pre-recorded CDs featuring music; pre-recorded and downloadable videos featuring musical performances and musical recordings; downloadable ring tones, graphics, music, images and videos via a global computer network and wireless devices; video and/or sound recordings; films; video games
Original Filing Basis:
Filing Basis: Section 44(d), Priority based on foreign filing: 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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority based upon a foreign application. For a certification 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 authorized users in connection with the identified goods/services, 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 or services that meet the certification standards of the applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on[ United Kingdom application number 2577280 filed 04/05/2011]. 15 U.S.C.Section 1126(d), as amended.

Proposed:
Tracked Text Description: pre-recorded CDs featuring music; pre-recorded and downloadable videos featuring musical performances and musical recordings; downloadable ring tones, graphics, music, images and videos via a global computer network and wireless devices; downloadable ring tones, graphics, music, images and videos via a global computer network and wireless devices, namely computers, tablet computers, and portable and handheld digital electronic devices; video and/or sound recordings; films; video games; video games.Class 009 for pre-recorded CDs featuring music; pre-recorded and downloadable videos featuring musical performances and musical recordings; downloadable ring tones, graphics, music, images and videos via a global computer network and wireless devices, namely computers, tablet computers, and portable and handheld digital electronic devices; video and/or sound recordings; films; video games.
Deleted Filing Basis: 44(d)
Filing Basis: Section 44(e), Based on Foreign Registration:For all applications: The applicant attaches a copy of [ United Kingdom registration number 2577280 registered 09/16/2011 with a renewal date of 04/05/2021 and an expiration date of 04/05/2021 ], and translation thereof, if appropriate. 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. 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 on or 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 or services that meet the certification standards of the applicant.
Original PDF file:
FRU0-3811514866-124048041_._Certificate_of_Registration.pdf
Converted PDF file(s) ( 2 pages)
Foreign Registration-1
Foreign Registration-2

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 041 for entertainment services; entertainment services in the nature of live musical performances; providing a website featuring musical performances and videos of the same, related video clips and other related musical multi-media materials, information on a musical performer; television programmes featuring variety entertainment and/or musical performances broadcast and/or screened over the Internet, television, cable and/or satellite; musical entertainment services; sound recording and video entertainment services; concerts, musical and video performances; presentation, production and performance of shows, musical shows, concerts, videos and radio and television programmes
Original Filing Basis:
Based on Foreign Application: Applicant has had a bona fide intention to use the mark in commerce on or in connection with the identified goods and/or services, and will submit a copy of a foreign registration, and translation thereof, if appropriate. 15 U. S.C. Section 1126(d), as amended.

Proposed:
Tracked Text Description: entertainment services; entertainment services in the nature of live musical performances; entertainment services, namely providing a web site featuring non downloadable musical performances, musical videos, related film clips, and other related musical multi-media materials and information in the field of music by a musical performer; providing a website featuring musical performances and videos of the same, related video clips and other related musical multi-media materials, information on a musical performer; entertainment services in the nature of on-going television programs featuring variety entertainment and musical performances delivered by the Internet, television, cable television and satellite; television programmes featuring variety entertainment and/or musical performances broadcast and/or screened over the Internet, television, cable and/or satellite; entertainment in the nature of live musical performances; musical entertainment services; providing a web site featuring non-downloadable video and audio recordings in the field of music; sound recording and video entertainment services; entertainment in the nature of live music concerts and live musical performances; concerts, musical and video performances; entertainment services, namely, the production and performance of live musical presentations, television shows, live concerts, music videos and radio and television programs; presentation, production and performance of shows, musical shows, concerts, videos and radio and television programmesClass 041 for entertainment services in the nature of live musical performances; entertainment services, namely providing a web site featuring non downloadable musical performances, musical videos, related film clips, and other related musical multi-media materials and information in the field of music by a musical performer; entertainment services in the nature of on-going television programs featuring variety entertainment and musical performances delivered by the Internet, television, cable television and satellite; entertainment in the nature of live musical performances; providing a web site featuring non-downloadable video and audio recordings in the field of music; entertainment in the nature of live music concerts and live musical performances; entertainment services, namely, the production and performance of live musical presentations, television shows, live concerts, music videos and radio and television programs
Deleted Filing Basis: 44(d)
Filing Basis: Section 44(e), Based on Foreign Registration:For all applications: The applicant attaches a copy of [ United Kingdom registration number 2577280 registered 09/16/2011 with a renewal date of 04/05/2021 and an expiration date of 04/05/2021 ], and translation thereof, if appropriate. 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. 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 on or 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 or services that meet the certification standards of the applicant.
Original PDF file:
FRU1-3811514866-124048041_._Certificate_of_Registration.pdf
Converted PDF file(s) ( 2 pages)
Foreign Registration-1
Foreign Registration-2

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: /Lee J. Eulgen/     Date: 01/27/2012
Signatory's Name: Lee J. Eulgen
Signatory's Position: Attorney

Signatory's Phone Number: 312-269-8000

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: 85330765
Internet Transmission Date: Fri Jan 27 17:06:57 EST 2012
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XX-2012012717065740
0108-85330765-490631f77d71afabc59b8bcba2
5b1383c9-N/A-N/A-20120127115237619522