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. 85974396 RIVA (Stylized and/or with Design, see http://tsdr.gov.uspto.report/img/85974396/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 009 for High-end luxury speakers and acoustic products, namely, speakers, wireless speakers, outdoor speakers, sound bars, subwoofers, headphones and ear buds, bass shakers, digital music players, digital music controllers, remote controls and downloadable audio smartphone software applications, and audio accessories, namely, travel kits, wall mounts, tablet docks and holders, and battery chargers; consumer electronic products, namely, audio amplifiers, audio speakers, audio receivers, electrical audio and speaker cables and connectors, audio decoders, video decoders, speakers, power conversion devices, power converters, and power inverters
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.

Proposed:
Tracked Text Description: High-end luxury speakers and acoustic products, namely, speakers, wireless speakers, outdoor speakers, sound bars, subwoofers, headphones and ear buds, bass shakers, digital music players, digital music controllers, remote controls and downloadable audio smartphone software applications, and audio accessories, namely, travel kits, wall mounts, tablet docks and holders, and battery chargers; High-end luxury speakers and acoustic products, namely, audio speakers, wireless audio speakers, wireless outdoor speakers, sound bars, subwoofers, headphones and ear buds, bass shakers, digital music players, digital music controllers, remote controls for audio speakers, wireless audio speakers, wireless outdoor speakers, sound bars, subwoofers, bass shakers, digital music players, selection and setting of cloud-based music services, and setting playing zones in home audio networks, and downloadable audio smartphone software applications for controlling audio volume, input source selection, EQ setting, speaker pairing, audio stabilization, audio clarification, and for controlling speakers, amplifiers, stereo systems, home theater systems, home entertainment systems, digital music systems, sound bars, subwoofers, bass shakers, digital music players, and audio accessories, namely, travel kits comprising car power chargers, wall power chargers, international wall socket adapters, external battery packs, and audio and power cables, computer tablet docking stations and holders in the nature of carrying cases for computer tablets, and battery chargers; consumer electronic products, namely, audio amplifiers, audio speakers, audio receivers, electrical audio and speaker cables and connectors, audio decoders, video decoders, speakers, power conversion devices, power converters, and power invertersClass 009 for High-end luxury speakers and acoustic products, namely, audio speakers, wireless audio speakers, wireless outdoor speakers, sound bars, subwoofers, headphones and ear buds, bass shakers, digital music players, digital music controllers, remote controls for audio speakers, wireless audio speakers, wireless outdoor speakers, sound bars, subwoofers, bass shakers, digital music players, selection and setting of cloud-based music services, and setting playing zones in home audio networks, and downloadable audio smartphone software applications for controlling audio volume, input source selection, EQ setting, speaker pairing, audio stabilization, audio clarification, and for controlling speakers, amplifiers, stereo systems, home theater systems, home entertainment systems, digital music systems, sound bars, subwoofers, bass shakers, digital music players, and audio accessories, namely, travel kits comprising car power chargers, wall power chargers, international wall socket adapters, external battery packs, and audio and power cables, computer tablet docking stations and holders in the nature of carrying cases for computer tablets, and battery chargers; consumer electronic products, namely, audio amplifiers, audio speakers, audio receivers, electrical audio and speaker cables and connectors, audio decoders, video decoders, speakers, power conversion devices, power converters, and power inverters
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.

SIGNATURE(S)
Response Signature
Signature: /Paul A. McLean/     Date: 04/20/2014
Signatory's Name: Paul A. McLean, Esq.
Signatory's Position: Attorney of record, California bar member

Signatory's Phone Number: 650 833-2373

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: 85974396
Internet Transmission Date: Sun Apr 20 16:53:56 EDT 2014
TEAS Stamp: USPTO/ROA-XXX.X.XXX.XX-20140420165356648
431-85974396-500885244e3de9f9fadfc44ecfd
e9afcb22ea21af1341e2b757f51ce3add6498-N/
A-N/A-20140408162620293844