Response to Office Action

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. 87113355 WALKER(Standard Characters, see http://uspto.report/TM/87113355/mark.png) has been amended as follows:

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

Please see the actual argument text attached within the Evidence section.

EVIDENCE

Original PDF file:
evi_389416710-20170428150220359261_._WALKER_in_cls._41_and_45_OAR.pdf
Converted PDF file(s) ( 3 pages)
Evidence-1
Evidence-2
Evidence-3

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 041 for Music supervision services, namely, the selection, creation, production and licensing of music and content for use in commercials, television and film; music supervision services, namely, selection of music and content for use by television and film studios and others in food and beverage, beauty and consumer products industries; music supervision services, namely, soundtrack development, score blueprinting, and music acquisition services for others for use in television, film and commercials; entertainment services in the nature of development, creation, production and post-production services of music and multimedia entertainment content for use in commercials, television programs and motion picture films; entertainment services in the nature of development, creation, production, distribution, licensing and post-production of music and multimedia content for use in motion pictures and television shows; entertainment services, namely, music supervision for films and television programs; soundtrack consulting, namely, music composition for others for use in films, television programs and commercials; music supervision services, namely, selection of music for use by entertainment, advertising and consumer-products companies in television, film and commercials
Original Filing Basis:
Filing Basis: Section 1(a), Use in Commerce: For all applications: The mark is in use in commerce and was in use in commerce as of the application filing date. The provided specimen shows the mark in use in commerce (see specimen statement below). For a collective trademark, collective service mark, collective membership mark, or certification mark application: The applicant is exercising legitimate control over the use of the mark in commerce and was exercising legitimate control over the use of the mark in commerce as of the application filing date. For a certification mark application: The applicant is not engaged 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. The mark was first used at least as early as 04/06/2013 and first used in commerce at least as early as 04/06/2013 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Music supervision services, namely, the selection, creation, production and licensing of music and content for use in commercials, television and film; Music supervision services, namely, the selection, creation and production of music and content for use in television and film; music supervision services, namely, selection of music and content for use by television and film studios and others in food and beverage, beauty and consumer products industries; music supervision services, namely, selection of music and content for use by television and film studios; music supervision services, namely, soundtrack development, score blueprinting, and music acquisition services for others for use in television, film and commercials; music supervision services, namely, soundtrack development and score blueprinting for others for use in television and film; entertainment services in the nature of development, creation, production and post-production services of music and multimedia entertainment content for use in commercials, television programs and motion picture films; entertainment services in the nature of development, creation, production and post-production services of music and multimedia entertainment content for use in television programs and motion picture films; entertainment services in the nature of development, creation, production, distribution, licensing and post-production of music and multimedia content for use in motion pictures and television shows; entertainment services, namely, music composition for films and television programs; entertainment services, namely, music supervision for films and television programs; soundtrack consulting, namely, music composition for others for use in films, television programs and commercials; music supervision services, namely, selection of music for use by entertainment companies in television and film; music supervision services, namely, selection of music for use by entertainment, advertising and consumer-products companies in television, film and commercials; entertainment services, namely, original music production and composition services for use in advertising and commercialsClass 041 for Music supervision services, namely, the selection, creation and production of music and content for use in television and film; music supervision services, namely, selection of music and content for use by television and film studios; music supervision services, namely, soundtrack development and score blueprinting for others for use in television and film; entertainment services in the nature of development, creation, production and post-production services of music and multimedia entertainment content for use in television programs and motion picture films; entertainment services, namely, music composition for films and television programs; soundtrack consulting, namely, music composition for others for use in films, television programs and commercials; music supervision services, namely, selection of music for use by entertainment companies in television and film; entertainment services, namely, original music production and composition services for use in advertising and commercials
Filing Basis: Section 1(a), Use in Commerce:For all applications: The mark is in use in commerce and was in use in commerce as of the application filing date. The provided specimen shows the mark in use in commerce (see specimen statement below). For a collective trademark, collective service mark, collective membership mark, or certification mark application: The applicant is exercising legitimate control over the use of the mark in commerce and was exercising legitimate control over the use of the mark in commerce as of the application filing date. For a certification mark application: The applicant is not engaged 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. The mark was first used at least as early as 04/06/2013 and first used in commerce at least as early as 04/06/2013 , and is now in use in such commerce.
Applicant hereby adds the following class of goods/services to the application:
New: Class 045 for Licensing of intellectual property in the field of music
Filing Basis: Section 1(a), Use in Commerce: For all applications: The mark is in use in commerce and was in use in commerce as of the application filing date. The provided specimen shows the mark in use in commerce (see specimen statement below). For a collective trademark, collective service mark, collective membership mark, or certification mark application: The applicant is exercising legitimate control over the use of the mark in commerce and was exercising legitimate control over the use of the mark in commerce as of the application filing date. For a certification mark application: The applicant is not engaged 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. The mark was first used at least as early as 04/06/2013 and first used in commerce at least as early as 04/06/2013 , and is now in use in such commerce.

FEE(S)
Fee(s) in the amount of $275 is being submitted.

SIGNATURE(S)
Declaration Signature
The filing Attorney has elected not to submit the signed declaration, believing no supporting declaration is required under the Trademark Rules of Practice.
Response Signature
Signature: /tlee/     Date: 04/28/2017
Signatory's Name: Teresa Lee, Esq.
Signatory's Position: Attorney for Applicant

Signatory's Phone Number: 212 326 0831

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.

        
RAM Sale Number: 87113355
RAM Accounting Date: 05/01/2017
        
Serial Number: 87113355
Internet Transmission Date: Fri Apr 28 15:10:26 EDT 2017
TEAS Stamp: USPTO/ROA-XX.XX.XXX.XX-20170428151026926
692-87113355-5808952c7c988b23bbc8dc4cb1c
b3ee64a695bbc7ac3e63cb38d5e0f593705b64-D
A-1757-20170428150220359261