Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number.
PTO Form 1957 (Rev 10/2011)
OMB No. 0651-0050 (Exp 07/31/2017)

Response to Office Action

The table below presents the data as entered.

Input Field
Entered
SERIAL NUMBER86714427
LAW OFFICE ASSIGNEDLAW OFFICE 120
MARK SECTION
MARK https://tmng-al.uspto.gov/resting2/api/img/86714427/large
LITERAL ELEMENT PCMUSIC MOBILE
STANDARD CHARACTERS YES
USPTO-GENERATED IMAGE YES
MARK STATEMENT The mark consists of standard characters, without claim to any particular font style, size or color.
GOODS AND/OR SERVICES SECTION (009)(no change)
GOODS AND/OR SERVICES SECTION (035)(class deleted)
GOODS AND/OR SERVICES SECTION (038)(no change)
GOODS AND/OR SERVICES SECTION (041)(class deleted)
GOODS AND/OR SERVICES SECTION (042)(current)
INTERNATIONAL CLASS042
DESCRIPTION
Computer services, namely, remote management of music playback systems of others comprised of software applications featuring background music, video content, custom music programming and digital signage systems for businesses and retail outlets
FILING BASISSection 1(a)
        FIRST USE ANYWHERE DATE At least as early as 12/15/2014
        FIRST USE IN COMMERCE DATE At least as early as 12/15/2014
GOODS AND/OR SERVICES SECTION (042)(proposed)
INTERNATIONAL CLASS042
TRACKED TEXT DESCRIPTION
Computer services, namely, remote management of music playback systems of others comprised of software applications featuring background music, video content, custom music programming and digital signage systems for businesses and retail outlets; Computer services, namely, software as a service, featuring remote management of music playback systems of others comprised of software applications featuring background music, video content, custom music programming and digital signage systems for businesses and retail outlets
FINAL DESCRIPTION
Computer services, namely, software as a service, featuring remote management of music playback systems of others comprised of software applications featuring background music, video content, custom music programming and digital signage systems for businesses and retail outlets
FILING BASISSection 1(a)
       FIRST USE ANYWHERE DATE At least as early as 12/15/2014
       FIRST USE IN COMMERCE DATE At least as early as 12/15/2014
ADDITIONAL STATEMENTS SECTION
MISCELLANEOUS STATEMENT Classes 35 and 41 In response to the examining attorney's comments concerning the specimens for classes 35 and 41, Applicant is deleting classes 35 and 41 from the application. Class 42 With respect to the class 42 services, in an informal telephone conversation with Applicant's attorney Sharon Schick, the examining attorney indicated that she would consider the following amended language for class 42: "Computer services, namely, software as a service, featuring remote management of music playback systems of others comprised of software applications featuring background music, video content, custom music programming and digital signage systems for businesses and retail outlets." Applicant is amending the identification of services in class 42 to reflect this change and respectfully requests that the examining attorney accept this amended language and the specimens submitted in support of class 42 services. The specimens submitted show that Applicant's computer services, i.e. software as a service, permit the user to access Applicant's music software system. For example, the iTunes Store ad states: "PCMusic Mobile is a remote control app for PCMusic's MUSICbox software.. the app facilitates full control over the music in a business location from the convenience of a mobile device." Similarly, the web pages describe user access to and management of Applicant's music software systems from a mobile device. The requisite association between the services and the mark is demonstrated in all specimens submitted for the class 42 services, as amended. Applicant respectfully requests acceptance of this amendment and acceptance of the specimens of use in support.
SIGNATURE SECTION
RESPONSE SIGNATURE /Gina Rizhanovsky/
SIGNATORY'S NAME Gina Rizhanovsky
SIGNATORY'S POSITION President & CEO
SIGNATORY'S PHONE NUMBER 905-760-8747
DATE SIGNED 01/03/2017
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Tue Jan 03 11:46:50 EST 2017
TEAS STAMP USPTO/ROA-XX.XXX.XX.XXX-2
0170103114650025963-86714
427-57014524cf72a355726e9
3b222875f6e136ab472dcfcba
85642e78af8427b332-N/A-N/
A-20161229181511446403


Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number.
PTO Form 1957 (Rev 10/2011)
OMB No. 0651-0050 (Exp 07/31/2017)

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 86714427 PCMUSIC MOBILE(Standard Characters, see https://tmng-al.uspto.gov/resting2/api/img/86714427/large) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant hereby deletes the following class of goods/services from the application.
Class 035 for Marketing services, namely, music and video content curation for businesses

Applicant hereby deletes the following class of goods/services from the application.
Class 041 for Custom music programming for businesses

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 042 for Computer services, namely, remote management of music playback systems of others comprised of software applications featuring background music, video content, custom music programming and digital signage systems for businesses and retail outlets
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 12/15/2014 and first used in commerce at least as early as 12/15/2014 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Computer services, namely, remote management of music playback systems of others comprised of software applications featuring background music, video content, custom music programming and digital signage systems for businesses and retail outlets; Computer services, namely, software as a service, featuring remote management of music playback systems of others comprised of software applications featuring background music, video content, custom music programming and digital signage systems for businesses and retail outlets

Class 042 for Computer services, namely, software as a service, featuring remote management of music playback systems of others comprised of software applications featuring background music, video content, custom music programming and digital signage systems for businesses and retail outlets
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 12/15/2014 and first used in commerce at least as early as 12/15/2014 , and is now in use in such commerce.
ADDITIONAL STATEMENTS
Miscellaneous Statement
Classes 35 and 41 In response to the examining attorney's comments concerning the specimens for classes 35 and 41, Applicant is deleting classes 35 and 41 from the application. Class 42 With respect to the class 42 services, in an informal telephone conversation with Applicant's attorney Sharon Schick, the examining attorney indicated that she would consider the following amended language for class 42: "Computer services, namely, software as a service, featuring remote management of music playback systems of others comprised of software applications featuring background music, video content, custom music programming and digital signage systems for businesses and retail outlets." Applicant is amending the identification of services in class 42 to reflect this change and respectfully requests that the examining attorney accept this amended language and the specimens submitted in support of class 42 services. The specimens submitted show that Applicant's computer services, i.e. software as a service, permit the user to access Applicant's music software system. For example, the iTunes Store ad states: "PCMusic Mobile is a remote control app for PCMusic's MUSICbox software.. the app facilitates full control over the music in a business location from the convenience of a mobile device." Similarly, the web pages describe user access to and management of Applicant's music software systems from a mobile device. The requisite association between the services and the mark is demonstrated in all specimens submitted for the class 42 services, as amended. Applicant respectfully requests acceptance of this amendment and acceptance of the specimens of use in support.


SIGNATURE(S)
Response Signature
Signature: /Gina Rizhanovsky/     Date: 01/03/2017
Signatory's Name: Gina Rizhanovsky
Signatory's Position: President & CEO

Signatory's Phone Number: 905-760-8747

The signatory has confirmed that he/she is not represented by either an authorized attorney or Canadian attorney/agent, and that he/she is either: (1) the owner/holder ; or (2) a person(s) with legal authority to bind the owner/holder; and if an authorized U.S. attorney or Canadian attorney/agent previously represented him/her in this matter, either he/she has filed a signed revocation of power of attorney with the USPTO or the USPTO has granted the request of his/her prior representative to withdraw.

        
Serial Number: 86714427
Internet Transmission Date: Tue Jan 03 11:46:50 EST 2017
TEAS Stamp: USPTO/ROA-XX.XXX.XX.XXX-2017010311465002
5963-86714427-57014524cf72a355726e93b222
875f6e136ab472dcfcba85642e78af8427b332-N
/A-N/A-20161229181511446403