Response to Office Action

FOX DIGITAL STUDIO

FOX MEDIA LLC

Response to Office Action

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 85917976
LAW OFFICE ASSIGNED LAW OFFICE 112
MARK SECTION
MARK FILE NAME http://tess2.gov.uspto.report/ImageAgent/ImageAgentProxy?getImage=85917976
LITERAL ELEMENT FOX DIGITAL STUDIO
STANDARD CHARACTERS NO
USPTO-GENERATED IMAGE NO
COLOR(S) CLAIMED
(If applicable)
Color is not claimed as a feature of the mark.
DESCRIPTION OF THE MARK
(and Color Location, if applicable)
The mark consists of the word "FOX" in three-dimensional lettering on a platform above the word "DIGITAL" in three-dimensional lettering, the word "STUDIO" in three-dimensional lettering appears below the word "DIGITAL", all of which is on top of a pedestal structure surrounded by klieg lights emitting rays stretching upward.
GOODS AND/OR SERVICES SECTION (current)
INTERNATIONAL CLASS 041
DESCRIPTION
Production and distribution of television shows, webisodes and digital television content; entertainment services in the nature of non-downloadable videos and images featuring television shows transmitted via the Internet and wireless communication networks
FILING BASIS Section 1(a)
        FIRST USE ANYWHERE DATE At least as early as 02/17/2012
        FIRST USE IN COMMERCE DATE At least as early as 02/17/2012
GOODS AND/OR SERVICES SECTION (proposed)
INTERNATIONAL CLASS 041
TRACKED TEXT DESCRIPTION
Production and distribution of television shows, webisodes and digital television content; entertainment services in the nature of non-downloadable videos and images featuring television shows transmitted via the Internet and wireless communication networks; entertainment services in the nature of non-downloadable videos and images featuring television shows in the field of comedy and drama transmitted via the Internet and wireless communication networks
FINAL DESCRIPTION
Production and distribution of television shows, webisodes and digital television content; entertainment services in the nature of non-downloadable videos and images featuring television shows in the field of comedy and drama transmitted via the Internet and wireless communication networks
FILING BASIS Section 1(a)
       FIRST USE ANYWHERE DATE At least as early as 02/17/2012
       FIRST USE IN COMMERCE DATE At least as early as 02/17/2012
ADDITIONAL STATEMENTS SECTION
DISCLAIMER No claim is made to the exclusive right to use DIGITAL STUDIO apart from the mark as shown.
SIGNATURE SECTION
RESPONSE SIGNATURE /Tina M. Pompey/
SIGNATORY'S NAME Tina Pompey
SIGNATORY'S POSITION Attorney for Applicant (CA Bar Member)
SIGNATORY'S PHONE NUMBER (310) 369-7630
DATE SIGNED 01/07/2014
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Tue Jan 07 17:51:49 EST 2014
TEAS STAMP USPTO/ROA-XXX.XXX.XXX.XX-
20140107175149323410-8591
7976-5005e2e6fe6fa6da5c53
a73138d39fbd3ceb4c53386b5
a6d3f2745fe3929ee5246-N/A
-N/A-20140107141130646085



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. 85917976 FOX DIGITAL STUDIO (Stylized and/or with Design, see http://tess2.gov.uspto.report/ImageAgent/ImageAgentProxy?getImage=85917976) 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 041 for Production and distribution of television shows, webisodes and digital television content; entertainment services in the nature of non-downloadable videos and images featuring television shows transmitted via the Internet and wireless communication networks
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 02/17/2012 and first used in commerce at least as early as 02/17/2012 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Production and distribution of television shows, webisodes and digital television content; entertainment services in the nature of non-downloadable videos and images featuring television shows transmitted via the Internet and wireless communication networks; entertainment services in the nature of non-downloadable videos and images featuring television shows in the field of comedy and drama transmitted via the Internet and wireless communication networksClass 041 for Production and distribution of television shows, webisodes and digital television content; entertainment services in the nature of non-downloadable videos and images featuring television shows in the field of comedy and drama transmitted via the Internet and wireless communication networks
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 02/17/2012 and first used in commerce at least as early as 02/17/2012 , and is now in use in such commerce.
ADDITIONAL STATEMENTS
Disclaimer
No claim is made to the exclusive right to use DIGITAL STUDIO apart from the mark as shown.


SIGNATURE(S)
Response Signature
Signature: /Tina M. Pompey/     Date: 01/07/2014
Signatory's Name: Tina Pompey
Signatory's Position: Attorney for Applicant (CA Bar Member)

Signatory's Phone Number: (310) 369-7630

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: 85917976
Internet Transmission Date: Tue Jan 07 17:51:49 EST 2014
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.XX-201401071751493
23410-85917976-5005e2e6fe6fa6da5c53a7313
8d39fbd3ceb4c53386b5a6d3f2745fe3929ee524
6-N/A-N/A-20140107141130646085



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