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. 87212124 CAMEO(Standard Characters, see http://uspto.report/TM/87212124/mark.png) has been amended as follows:

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

Response To Suspension Marcie R. Frum Milone/ Trademark Examining Attorney Law Office 116 571-272-9726 Dear PTO: Re: 87212124 I write on behalf of all of us here from the ?Original ? members of the band and self contained featured artist group called CAMEO. History: I am Gregory Johnson keyboard player, arranger and vocals of the performing group CAMEO. It was I who suggested using the name Cameo from viewing a pack of Canadian cigarettes (named CAMEO) in a Canadian store in Canada of course, when we worked there as an up and coming group back in 1975. Due to another very popular group at the time, called ?The Ohio Players,? and to avoid more conflict with them, we were forced to changed our then name from ?The New York City Players,? to the name I saw on the cigarette pack, CAMEO. We have all continued to use this name to this day since that time, to make a living, support our lives and families. Complaint:The suspension of TM application # 87212124?, has caused our group Cameo, which we ( Gregory Johnson, Nathan Leftenant, Arnett Leftenant, Jeryl Bright) are members, great damage and harm. Our current record release has been pulled from digital record stores, we have lost promotional revenue, we are unable to go out and perform shows. Cameo was conceived as a self contain music group or band, not one person, we all have our individual roles and together have created the brand the world now know as one of the greatest funk bands in R & B history. we feel that, its ethically and frankly unfair, that one individual namely Larry Blackmon should be the sole beneficiary of what's left of the market for all of the members. He is stopping us from using the name because of his earlier trademark application for the name CAMEO. We hope that a trademark inter office decision does not uphold suspension of our application so that we can continue. Damages : Current record pulled from from shelf Lost promotional revenue Unable to perform live shows as CAMEO or Original Cameo Family Losing potential revenue Public Embarrassment What we want: Because it can be proven and is widely know that Cameo indeed is a band or group, with Mr.Larry Blackmon being one of several lead singers who rose to fame from wearing a red cod-piece, he Blackmon, however does not make up the entire band or group and therefore should not solely own or control the name CAMEO as such, as it pertains in this instance, for the sole purpose of impeding equal band or other featured group members from rightfully using it. we ask the PTO: 1) to not uphold the suspension against application # 87212124 for confusion of using the name CAMEO for a musical performing group, we the applicants have just as much right to use this name 2) or issue a cancellation/suspension of application #87147872 We feel that this solution is fair for all parties involved, until a higher court of law can determine whats fair and just for a situation of this kind. Exhibits: Please click here to see Cameo live on Don kirshners rock concert. Here, Larry Blackmon is seen playing drums, not standing out front In a red cod-piece: http://www.youtube.com/watch?v=dD2DgGeR2Co Exhibits: 1)The Group?s very first record as ?The Players? ( could not use this name) 2) The Group?s very first record as ?CAMEO? (same song with new name) 3) Cameo?s very First Album (front and back) 4) Cameo?s latest single cover ?We in the house? released in Nov. 2016 5) current contract for employment( Missed engagement contract) 6) A few concert promo posters

EVIDENCE
Evidence in the nature of Cameo's very first record(s) one as "The Players" and the other as Cameo · shows Cameo as a group · ?he current record, released in Nov 2016 has been pulled from digital record stores · merchandise "T", potential work agreement · resent advertisement poster(s) · Cameo was first used in commerce by a musical band or group, all of the applicants here( look closely) names appear on those works in 1975 has been attached.
JPG file(s):
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Evidence-6
Evidence-7
Evidence-8
Evidence-9
Evidence-10
Original PDF file:
evi_7343195139-20170927224503763197_._CAMEO_response_letter.pdf
Converted PDF file(s) ( 2 pages)
Evidence-1
Evidence-2

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 041 for Entertainment, namely, live performances by a musical band
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 06/01/1975 and first used in commerce at least as early as 07/01/1975 , and is now in use in such commerce.

Proposed: Class 041 for Entertainment, namely, live performances by a musical band
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 06/01/1975 and first used in commerce at least as early as 07/01/1975 , and is now in use in such commerce.
Applicant hereby submits one(or more) specimen(s) for Class 041 . The specimen(s) submitted consists of Specimen consist of Cameo's First vinyl single dated 1975 and promotional photo for that record .
"The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing date of the application"[for an application based on Section 1(a), Use in Commerce] OR "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce prior either to the filing of the Amendment to Allege Use or expiration of the filing deadline for filing a Statement of Use" [for an application based on Section 1(b) Intent-to-Use]. OR "The attached specimen is a true copy of the specimen that was originally submitted with the application, amendment to allege use, or statement of use" [for an illegible specimen]. Specimen File1
Specimen File2

SIGNATURE(S)
Declaration Signature

DECLARATION: The signatory being warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. § 1001, and that such willful false statements and the like may jeopardize the validity of the application or submission or any registration resulting therefrom, declares that, if the applicant submitted the application or allegation of use (AOU) unsigned, all statements in the application or AOU and this submission based on the signatory's own knowledge are true, and all statements in the application or AOU and this submission made on information and belief are believed to be true.

STATEMENTS FOR UNSIGNED SECTION 1(a) APPLICATION/AOU: If the applicant filed an unsigned application under 15 U.S.C. §1051(a) or AOU under 15 U.S.C. §1051(c), the signatory additionally believes that: the applicant is the owner of the mark sought to be registered; the mark is in use in commerce and was in use in commerce as of the filing date of the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; the original specimen(s), if applicable, shows the mark in use in commerce as of the filing date of the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; for a collective trademark, collective service mark, collective membership mark application, 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 filing date of the application or AOU; 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. To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services/collective membership organization of such other persons, to cause confusion or mistake, or to deceive.

STATEMENTS FOR UNSIGNED SECTION 1(b)/SECTION 44 APPLICATION AND FOR SECTION 66(a) COLLECTIVE/CERTIFICATION MARK APPLICATION: If the applicant filed an unsigned application under 15 U.S.C. §§ 1051(b), 1126(d), and/or 1126(e), or filed a collective/certification mark application under 15 U.S.C. §1141f(a), the signatory additionally believes that: for a trademark or service mark application, the applicant is entitled to use the mark in commerce on or in connection with the goods/services specified in the application; the applicant has a bona fide intention to use the mark in commerce and had a bona fide intention to use the mark in commerce as of the application filing date; for a collective trademark, collective service mark, collective membership mark, or certification mark application, the applicant has a bona fide intention, and is entitled, to exercise legitimate control over the use of the mark in commerce and had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce as of the application filing date; the signatory is properly authorized to execute the declaration on behalf of the applicant; for a certification mark application, 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. To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services/collective membership organization of such other persons, to cause confusion or mistake, or to deceive.

Signature: /Gregory Johnson/      Date: 09/27/2017
Signatory's Name: Gregory Johnson
Signatory's Position: Applicant
Signatory's Phone Number: 9175848827



Signature: /Nathan Leftenant/      Date: 09/27/2017
Signatory's Name: Nathan Leftenant
Signatory's Position: Applicant
Signatory's Phone Number: 7702566910



Signature: /Arnett Leftenant/      Date: 09/27/2017
Signatory's Name: Arnett Leftenant
Signatory's Position: Applicant
Signatory's Phone Number: 6318349217


Response Signature
Signature: /Gregory Johnson/     Date: 09/27/2017
Signatory's Name: Gregory Johnson
Signatory's Position: Applicant

Signatory's Phone Number: 9175848827

Response Signature
Signature: /Nathan Leftenant/     Date: 09/27/2017
Signatory's Name: Nathan Leftenant
Signatory's Position: Applicant

Signatory's Phone Number: 7702566910

Response Signature
Signature: /Arnett Leftenant/     Date: 09/27/2017
Signatory's Name: Arnett Leftenant
Signatory's Position: Applicant

Signatory's Phone Number: 6318349217

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: 87212124
Internet Transmission Date: Thu Sep 28 00:01:46 EDT 2017
TEAS Stamp: USPTO/ROA-XX.XX.XXX.XXX-2017092800014688
2829-87212124-510f5b32192efc79636a1be40c
5e88dc05df5c529d115389d33312062c54e207c-
N/A-N/A-20170927224503763197