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)

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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. 86943806 CONCERTO(Standard Characters, see http://tmng-al.gov.uspto.report/resting2/api/img/86943806/large) has been amended as follows:

ARGUMENT(S)
In response to the substantive refusal(s), please note the following:

To the Honorable Commissioner for Trademarks:

 

Applicant, through its authorized attorney of record, hereby respectfully responds to the Office Action electronically mailed on May 31, 2016.

 

NO CONFLICTING MARKS

 

Applicant hereby acknowledges that the Examining Attorney has searched the records of the United States Patent and Trademark Office, but has not found any registered or prior pending mark which would bar registration of the pending mark CONCERTO.

 

IDENTIFICATION OF SERVICES

 

The Examining Attorney has objected to the current identification of services.  It is specifically alleged that the mark CONCERTO is merely descriptive of services featuring music.

 

In response, Applicant hereby amends the current identification of goods in class 41 to read as follows:  “casinos; entertainment services in the nature of live comedy, dance, magic, theatrical, novelty and variety show performances; gambling services”. 

 

In view of the amendments and remarks set forth in the present Response, Applicant respectfully requests that the present application be approved for publication for opposition and allowance.

 

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 041 for Casinos; Entertainment services in the nature of live comedy, musical, dance, magic, threatrical, novelty and variety shows performances; Gambling services
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: Casinos; Entertainment services in the nature of live comedy, musical, dance, magic, threatrical, novelty and variety shows performances; Entertainment services in the nature of live comedy, dance, magic, theatrical, novelty and variety shows performances; Gambling servicesClass 041 for Casinos; Entertainment services in the nature of live comedy, dance, magic, theatrical, novelty and variety shows performances; Gambling services
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: /Salvatore A. Sidoti/     Date: 06/08/2016
Signatory's Name: Salvatore A. Sidoti
Signatory's Position: One of Applicant's Attorneys, Ohio bar member

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 owner's/holder'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 owner/holder in this matter: (1) the owner/holder 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 owner/holder has filed a power of attorney appointing him/her in this matter; or (4) the owner's/holder'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: 86943806
Internet Transmission Date: Wed Jun 08 14:33:19 EDT 2016
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.XX-201606081433196
71164-86943806-5507bf0f5dda0d6beb2282e82
3f21fe8099af5f83ab9a889fbc9c25a21eb0de4d
-N/A-N/A-20160608141126305143