Response to Office Action

LT

LIVETUBE LTD.

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 09/20/2020)

Response to Office Action


The table below presents the data as entered.

Input Field
Entered
SERIAL NUMBER 87624882
LAW OFFICE ASSIGNED LAW OFFICE 106
MARK SECTION
MARK FILE NAME http://uspto.report/TM/87624882/mark.png
LITERAL ELEMENT LT
STANDARD CHARACTERS NO
USPTO-GENERATED IMAGE NO
COLOR(S) CLAIMED
(If applicable)
Color is not claimed as a feature of the mark.
DESCRIPTION OF THE MARK
(and Color Location, if applicable)
The mark consists of a bold and rounded "L" followed by the letter "T" colored half grey and half white with shading in between.
EVIDENCE SECTION
        EVIDENCE FILE NAME(S)
       ORIGINAL PDF FILE evi_968517277-20180424151259077172_._LT_-_Response_to_Office_Action.pdf
       CONVERTED PDF FILE(S)
       (4 pages)
\\TICRS\EXPORT17\IMAGEOUT17\876\248\87624882\xml4\ROA0002.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\876\248\87624882\xml4\ROA0003.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\876\248\87624882\xml4\ROA0004.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\876\248\87624882\xml4\ROA0005.JPG
DESCRIPTION OF EVIDENCE FILE Response to 2(d) Rejection.
GOODS AND/OR SERVICES SECTION (038)(current)
INTERNATIONAL CLASS 038
DESCRIPTION
Internet broadcasting; broadcasting of radio and TV programs; broadcasting of video and audio programming over the Internet; electronic transmission of voice, data and images by television and video broadcasting; webcasting services; telecommunication services, namely, providing telecommunication access to an Internet portal for video sharing; information transmission via electronic communications networks; data communication via electronic mail; electronic, electric, and digital transmission of voice, data, images, signals and messages via the Internet and other computer and communications networks; providing on-line forums for transmission of messages among computer users; providing an on-line forum for transmission of news in the nature of social event, social media and tabloid news; providing Internet chat rooms; providing on-line chat rooms for transmission of messages among users in the field of general interest; providing on-line chat rooms for transmission of messages among computer users concerning news in the nature of social event, social media and tabloid news; providing on-line electronic bulletin boards for transmission of messages among computer users concerning news in the nature of social event, social media and tabloid news; electronic transmission and streaming of digital media content for others via global and local computer networks; streaming of audio, video and audiovisual material on the Internet; video broadcasting and transmission services via the Internet featuring films and movies; peer-to-peer photo sharing services, namely, electronic transmission of digital photo files among internet users; providing on-line forums for transmission of messages among computer users concerning multimedia entertainment and video entertainment; broadcasting of digital video and audio programming over the Internet; cable television broadcasting; news agency services for electronic transmission; television broadcasting; video broadcasting and transmission services via the Internet featuring digital films; wireless broadcasting; streaming of data; streaming of audio, video and audiovisual material on the Internet; video streaming services via the Internet featuring independent films and movies; mobile media services in the nature of electronic transmission of entertainment media content; information transmission in the field of entertainment via electronic communications networks; transmission of news in real time; telecommunication access services, namely, providing access to interactive entertainment websites on the Internet; telecommunication services, namely, electronic message alert receiving services via mobile communications devices via the Internet; telecommunication services, namely, providing electronic message alerts via mobile communications devices via the Internet notifying individuals of when others are streaming and sharing videos and digital media content; provision of online forums for users within a virtual community for the real-time sharing and transmission of entertainment information and digital media entertainment content, including videos; streaming of audio and audiovisual materials featuring entertainment and real time news content on the internet and other communications networks; streaming video and digital media content on telecommunications networks, wireless communication networks, the internet, and mobile communications devices; providing temporary Internet access to a supercomputer for the purpose of running non-downloadable software programs
FILING BASIS Section 1(a)
        FIRST USE ANYWHERE DATE At least as early as 11/01/2015
        FIRST USE IN COMMERCE DATE At least as early as 11/01/2015
FILING BASIS Section 44(d)
        FOREIGN APPLICATION NUMBER 016552391
       FOREIGN APPLICATION COUNTRY European Union Trademark - EUTM
        FOREIGN FILING DATE 04/04/2017
GOODS AND/OR SERVICES SECTION (038)(proposed)
INTERNATIONAL CLASS 038
DESCRIPTION
Internet broadcasting; broadcasting of radio and TV programs; broadcasting of video and audio programming over the Internet; electronic transmission of voice, data and images by television and video broadcasting; webcasting services; telecommunication services, namely, providing telecommunication access to an Internet portal for video sharing; information transmission via electronic communications networks; data communication via electronic mail; electronic, electric, and digital transmission of voice, data, images, signals and messages via the Internet and other computer and communications networks; providing on-line forums for transmission of messages among computer users; providing an on-line forum for transmission of news in the nature of social event, social media and tabloid news; providing Internet chat rooms; providing on-line chat rooms for transmission of messages among users in the field of general interest; providing on-line chat rooms for transmission of messages among computer users concerning news in the nature of social event, social media and tabloid news; providing on-line electronic bulletin boards for transmission of messages among computer users concerning news in the nature of social event, social media and tabloid news; electronic transmission and streaming of digital media content for others via global and local computer networks; streaming of audio, video and audiovisual material on the Internet; video broadcasting and transmission services via the Internet featuring films and movies; peer-to-peer photo sharing services, namely, electronic transmission of digital photo files among internet users; providing on-line forums for transmission of messages among computer users concerning multimedia entertainment and video entertainment; broadcasting of digital video and audio programming over the Internet; cable television broadcasting; news agency services for electronic transmission; television broadcasting; video broadcasting and transmission services via the Internet featuring digital films; wireless broadcasting; streaming of data; streaming of audio, video and audiovisual material on the Internet; video streaming services via the Internet featuring independent films and movies; mobile media services in the nature of electronic transmission of entertainment media content; information transmission in the field of entertainment via electronic communications networks; transmission of news in real time; telecommunication access services, namely, providing access to interactive entertainment websites on the Internet; telecommunication services, namely, electronic message alert receiving services via mobile communications devices via the Internet; telecommunication services, namely, providing electronic message alerts via mobile communications devices via the Internet notifying individuals of when others are streaming and sharing videos and digital media content; provision of online forums for users within a virtual community for the real-time sharing and transmission of entertainment information and digital media entertainment content, including videos; streaming of audio and audiovisual materials featuring entertainment and real time news content on the internet and other communications networks; streaming video and digital media content on telecommunications networks, wireless communication networks, the internet, and mobile communications devices; providing temporary Internet access to a supercomputer for the purpose of running non-downloadable software programs
FILING BASIS Section 1(a)
       FIRST USE ANYWHERE DATE At least as early as 11/01/2015
       FIRST USE IN COMMERCE DATE At least as early as 11/01/2015
       STATEMENT TYPE "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
       FILE NAME(S)
\\TICRS\EXPORT17\IMAGEOUT 17\876\248\87624882\xml4\ ROA0006.JPG
       SPECIMEN DESCRIPTION Screen shot from the owner's website showing the mark in use with the services, which are available.
FILING BASIS Section 44(d)
       FOREIGN APPLICATION NUMBER 016552391
       FOREIGN APPLICATION COUNTRY European Union Trademark - EUTM
       FOREIGN FILING DATE 04/04/2017
       INTENT TO
       PERFECT 44(d)
At this time, the applicant intends to rely on Section 44(e) as a basis for registration. If ultimately the applicant does not rely on Section 44(e) as a basis for registration, a valid claim of priority may be retained.
GOODS AND/OR SERVICES SECTION (041)(current)
INTERNATIONAL CLASS 041
DESCRIPTION
Providing educational information via the Internet or other electronic communications networks in the academic field of science for the purpose of academic study; entertainment services, namely, the provision of continuing movies and shows featuring comedy via the Internet or other electronic communications networks; entertainment services, namely, providing online electronic games; entertainment information; entertainment services, namely, multimedia production services; educational services, namely, providing on-line classes, seminars and workshops in the field of news publishing regarding social event, social media and tabloid news; entertainment services, namely, providing temporary use of non-downloadable electronic games via a computer network; entertainment services, namely, providing online video games via a computer network; provision of non-downloadable films and movies via a video-on-demand service; providing a website featuring entertainment information in the fields of music, movies, sports and art via a computer network; educational and entertainment services, namely, providing motivational and educational speakers; digital video, audio and multimedia entertainment publishing services; online digital video, audio and multimedia publishing services; entertainment services, namely, live, televised and movie appearances by a professional entertainer; film production; presentation of live show performances; entertainment in the nature of live dance performances; movie studio services; production of radio and TV programs; entertainment, namely, a continuing news show regarding social event, social media and tabloid news broadcast over television; providing online entertainment information; providing real time news in the field of entertainment via a global computer network; entertainment services, namely, providing an on-line board game; entertainment in the nature of television news shows; entertainment services in the nature of on-line journals, namely, blogs featuring entertainment news in the nature of social event, social media and tabloid news
FILING BASIS Section 1(a)
        FIRST USE ANYWHERE DATE At least as early as 11/01/2015
        FIRST USE IN COMMERCE DATE At least as early as 11/01/2015
FILING BASIS Section 44(d)
        FOREIGN APPLICATION NUMBER 016552391
       FOREIGN APPLICATION COUNTRY European Union Trademark - EUTM
        FOREIGN FILING DATE 04/04/2017
GOODS AND/OR SERVICES SECTION (041)(proposed)
INTERNATIONAL CLASS 041
DESCRIPTION
Providing educational information via the Internet or other electronic communications networks in the academic field of science for the purpose of academic study; entertainment services, namely, the provision of continuing movies and shows featuring comedy via the Internet or other electronic communications networks; entertainment services, namely, providing online electronic games; entertainment information; entertainment services, namely, multimedia production services; educational services, namely, providing on-line classes, seminars and workshops in the field of news publishing regarding social event, social media and tabloid news; entertainment services, namely, providing temporary use of non-downloadable electronic games via a computer network; entertainment services, namely, providing online video games via a computer network; provision of non-downloadable films and movies via a video-on-demand service; providing a website featuring entertainment information in the fields of music, movies, sports and art via a computer network; educational and entertainment services, namely, providing motivational and educational speakers; digital video, audio and multimedia entertainment publishing services; online digital video, audio and multimedia publishing services; entertainment services, namely, live, televised and movie appearances by a professional entertainer; film production; presentation of live show performances; entertainment in the nature of live dance performances; movie studio services; production of radio and TV programs; entertainment, namely, a continuing news show regarding social event, social media and tabloid news broadcast over television; providing online entertainment information; providing real time news in the field of entertainment via a global computer network; entertainment services, namely, providing an on-line board game; entertainment in the nature of television news shows; entertainment services in the nature of on-line journals, namely, blogs featuring entertainment news in the nature of social event, social media and tabloid news
FILING BASIS Section 1(a)
       FIRST USE ANYWHERE DATE At least as early as 11/01/2015
       FIRST USE IN COMMERCE DATE At least as early as 11/01/2015
       STATEMENT TYPE "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
       FILE NAME(S)
\\TICRS\EXPORT17\IMAGEOUT 17\876\248\87624882\xml4\ ROA0007.JPG
       SPECIMEN DESCRIPTION Screen shot from the owner's website showing the mark in use with the services, which are available.
FILING BASIS Section 44(d)
       FOREIGN APPLICATION NUMBER 016552391
       FOREIGN APPLICATION COUNTRY European Union Trademark - EUTM
       FOREIGN FILING DATE 04/04/2017
       INTENT TO
       PERFECT 44(d)
At this time, the applicant intends to rely on Section 44(e) as a basis for registration. If ultimately the applicant does not rely on Section 44(e) as a basis for registration, a valid claim of priority may be retained.
GOODS AND/OR SERVICES SECTION (042)(current)
INTERNATIONAL CLASS 042
DESCRIPTION
Application service provider (ASP), namely, hosting computer software applications of others; Application service provider (ASP) featuring software for use in transmitting of multimedia content via the Internet and other computer and communications networks; hosting of digital multimedia content, including digital entertainment and educational multimedia content, for others on the Internet
FILING BASIS Section 1(a)
        FIRST USE ANYWHERE DATE At least as early as 11/01/2015
        FIRST USE IN COMMERCE DATE At least as early as 11/01/2015
FILING BASIS Section 44(d)
        FOREIGN APPLICATION NUMBER 016552391
       FOREIGN APPLICATION COUNTRY European Union Trademark - EUTM
        FOREIGN FILING DATE 04/04/2017
GOODS AND/OR SERVICES SECTION (042)(proposed)
INTERNATIONAL CLASS 042
DESCRIPTION
Application service provider (ASP), namely, hosting computer software applications of others; Application service provider (ASP) featuring software for use in transmitting of multimedia content via the Internet and other computer and communications networks; hosting of digital multimedia content, including digital entertainment and educational multimedia content, for others on the Internet
FILING BASIS Section 1(a)
       FIRST USE ANYWHERE DATE At least as early as 11/01/2015
       FIRST USE IN COMMERCE DATE At least as early as 11/01/2015
       STATEMENT TYPE "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
       FILE NAME(S)
\\TICRS\EXPORT17\IMAGEOUT 17\876\248\87624882\xml4\ ROA0008.JPG
       SPECIMEN DESCRIPTION Screen shot from the owner's website showing the mark in use with the services, which are available.
FILING BASIS Section 44(d)
       FOREIGN APPLICATION NUMBER 016552391
       FOREIGN APPLICATION COUNTRY European Union Trademark - EUTM
       FOREIGN FILING DATE 04/04/2017
       INTENT TO
       PERFECT 44(d)
At this time, the applicant intends to rely on Section 44(e) as a basis for registration. If ultimately the applicant does not rely on Section 44(e) as a basis for registration, a valid claim of priority may be retained.
ADDITIONAL STATEMENTS SECTION
DESCRIPTION OF THE MARK
(and Color Location, if applicable)
The mark consists of the letters "LT" in a stylized font, outlined in a dotted line, with the edges of the letters rounded. The top half of the letter "L" is shaded and the bottom half of the letter "T" is shaded.
SIGNATURE SECTION
DECLARATION SIGNATURE /Sarah M. Stemer/
SIGNATORY'S NAME Sarah M. Stemer
SIGNATORY'S POSITION Florida Bar Member
SIGNATORY'S PHONE NUMBER 9549251100
DATE SIGNED 04/24/2018
RESPONSE SIGNATURE /Sarah M. Stemer/
SIGNATORY'S NAME Sarah M. Stemer
SIGNATORY'S POSITION Florida Bar Member
SIGNATORY'S PHONE NUMBER 9549251100
DATE SIGNED 04/24/2018
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Tue Apr 24 15:27:49 EDT 2018
TEAS STAMP USPTO/ROA-XX.XX.XXX.XX-20
180424152749770259-876248
82-510d6ac5a257b442c53bdc
dba1150b16a4ab8f699d56b1a
c2dc643f96399730532d-N/A-
N/A-20180424151259077172



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 09/20/2020)

Response to Office Action


To the Commissioner for Trademarks:

Application serial no. 87624882 LT (Stylized and/or with Design, see http://uspto.report/TM/87624882/mark.png) has been amended as follows:

EVIDENCE
Evidence in the nature of Response to 2(d) Rejection. has been attached.
Original PDF file:
evi_968517277-20180424151259077172_._LT_-_Response_to_Office_Action.pdf
Converted PDF file(s) ( 4 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 038 for Internet broadcasting; broadcasting of radio and TV programs; broadcasting of video and audio programming over the Internet; electronic transmission of voice, data and images by television and video broadcasting; webcasting services; telecommunication services, namely, providing telecommunication access to an Internet portal for video sharing; information transmission via electronic communications networks; data communication via electronic mail; electronic, electric, and digital transmission of voice, data, images, signals and messages via the Internet and other computer and communications networks; providing on-line forums for transmission of messages among computer users; providing an on-line forum for transmission of news in the nature of social event, social media and tabloid news; providing Internet chat rooms; providing on-line chat rooms for transmission of messages among users in the field of general interest; providing on-line chat rooms for transmission of messages among computer users concerning news in the nature of social event, social media and tabloid news; providing on-line electronic bulletin boards for transmission of messages among computer users concerning news in the nature of social event, social media and tabloid news; electronic transmission and streaming of digital media content for others via global and local computer networks; streaming of audio, video and audiovisual material on the Internet; video broadcasting and transmission services via the Internet featuring films and movies; peer-to-peer photo sharing services, namely, electronic transmission of digital photo files among internet users; providing on-line forums for transmission of messages among computer users concerning multimedia entertainment and video entertainment; broadcasting of digital video and audio programming over the Internet; cable television broadcasting; news agency services for electronic transmission; television broadcasting; video broadcasting and transmission services via the Internet featuring digital films; wireless broadcasting; streaming of data; streaming of audio, video and audiovisual material on the Internet; video streaming services via the Internet featuring independent films and movies; mobile media services in the nature of electronic transmission of entertainment media content; information transmission in the field of entertainment via electronic communications networks; transmission of news in real time; telecommunication access services, namely, providing access to interactive entertainment websites on the Internet; telecommunication services, namely, electronic message alert receiving services via mobile communications devices via the Internet; telecommunication services, namely, providing electronic message alerts via mobile communications devices via the Internet notifying individuals of when others are streaming and sharing videos and digital media content; provision of online forums for users within a virtual community for the real-time sharing and transmission of entertainment information and digital media entertainment content, including videos; streaming of audio and audiovisual materials featuring entertainment and real time news content on the internet and other communications networks; streaming video and digital media content on telecommunications networks, wireless communication networks, the internet, and mobile communications devices; providing temporary Internet access to a supercomputer for the purpose of running non-downloadable software programs
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 11/01/2015 and first used in commerce at least as early as 11/01/2015 , and is now in use in such commerce.

Filing Basis: Section 44(d), Priority based on foreign filing: 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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority based upon a foreign application. For a certification 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, 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 or services that meet the certification standards of the applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on[ European Union Trademark - EUTM application number 016552391 filed 04/04/2017]. 15 U.S.C.Section 1126(d), as amended.

Proposed: Class 038 for Internet broadcasting; broadcasting of radio and TV programs; broadcasting of video and audio programming over the Internet; electronic transmission of voice, data and images by television and video broadcasting; webcasting services; telecommunication services, namely, providing telecommunication access to an Internet portal for video sharing; information transmission via electronic communications networks; data communication via electronic mail; electronic, electric, and digital transmission of voice, data, images, signals and messages via the Internet and other computer and communications networks; providing on-line forums for transmission of messages among computer users; providing an on-line forum for transmission of news in the nature of social event, social media and tabloid news; providing Internet chat rooms; providing on-line chat rooms for transmission of messages among users in the field of general interest; providing on-line chat rooms for transmission of messages among computer users concerning news in the nature of social event, social media and tabloid news; providing on-line electronic bulletin boards for transmission of messages among computer users concerning news in the nature of social event, social media and tabloid news; electronic transmission and streaming of digital media content for others via global and local computer networks; streaming of audio, video and audiovisual material on the Internet; video broadcasting and transmission services via the Internet featuring films and movies; peer-to-peer photo sharing services, namely, electronic transmission of digital photo files among internet users; providing on-line forums for transmission of messages among computer users concerning multimedia entertainment and video entertainment; broadcasting of digital video and audio programming over the Internet; cable television broadcasting; news agency services for electronic transmission; television broadcasting; video broadcasting and transmission services via the Internet featuring digital films; wireless broadcasting; streaming of data; streaming of audio, video and audiovisual material on the Internet; video streaming services via the Internet featuring independent films and movies; mobile media services in the nature of electronic transmission of entertainment media content; information transmission in the field of entertainment via electronic communications networks; transmission of news in real time; telecommunication access services, namely, providing access to interactive entertainment websites on the Internet; telecommunication services, namely, electronic message alert receiving services via mobile communications devices via the Internet; telecommunication services, namely, providing electronic message alerts via mobile communications devices via the Internet notifying individuals of when others are streaming and sharing videos and digital media content; provision of online forums for users within a virtual community for the real-time sharing and transmission of entertainment information and digital media entertainment content, including videos; streaming of audio and audiovisual materials featuring entertainment and real time news content on the internet and other communications networks; streaming video and digital media content on telecommunications networks, wireless communication networks, the internet, and mobile communications devices; providing temporary Internet access to a supercomputer for the purpose of running non-downloadable software programs
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 11/01/2015 and first used in commerce at least as early as 11/01/2015 , and is now in use in such commerce.
Applicant hereby submits one(or more) specimen(s) for Class 038 . The specimen(s) submitted consists of Screen shot from the owner's website showing the mark in use with the services, which are available. .
"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

Filing Basis: Section 44(d), Priority based on foreign filing: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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority based upon a foreign application. 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, 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 or services that meet the certification standards of the applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on [ European Union Trademark - EUTM application number 016552391 filed 04/04/2017]. 15 U.S.C.Section 1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration. If ultimately the applicant does not rely on Section 44(e) as a basis for registration, a valid claim of priority may be retained.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 041 for Providing educational information via the Internet or other electronic communications networks in the academic field of science for the purpose of academic study; entertainment services, namely, the provision of continuing movies and shows featuring comedy via the Internet or other electronic communications networks; entertainment services, namely, providing online electronic games; entertainment information; entertainment services, namely, multimedia production services; educational services, namely, providing on-line classes, seminars and workshops in the field of news publishing regarding social event, social media and tabloid news; entertainment services, namely, providing temporary use of non-downloadable electronic games via a computer network; entertainment services, namely, providing online video games via a computer network; provision of non-downloadable films and movies via a video-on-demand service; providing a website featuring entertainment information in the fields of music, movies, sports and art via a computer network; educational and entertainment services, namely, providing motivational and educational speakers; digital video, audio and multimedia entertainment publishing services; online digital video, audio and multimedia publishing services; entertainment services, namely, live, televised and movie appearances by a professional entertainer; film production; presentation of live show performances; entertainment in the nature of live dance performances; movie studio services; production of radio and TV programs; entertainment, namely, a continuing news show regarding social event, social media and tabloid news broadcast over television; providing online entertainment information; providing real time news in the field of entertainment via a global computer network; entertainment services, namely, providing an on-line board game; entertainment in the nature of television news shows; entertainment services in the nature of on-line journals, namely, blogs featuring entertainment news in the nature of social event, social media and tabloid news
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 11/01/2015 and first used in commerce at least as early as 11/01/2015 , and is now in use in such commerce.

Filing Basis: Section 44(d), Priority based on foreign filing: 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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority based upon a foreign application. For a certification 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, 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 or services that meet the certification standards of the applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on[ European Union Trademark - EUTM application number 016552391 filed 04/04/2017]. 15 U.S.C.Section 1126(d), as amended.

Proposed: Class 041 for Providing educational information via the Internet or other electronic communications networks in the academic field of science for the purpose of academic study; entertainment services, namely, the provision of continuing movies and shows featuring comedy via the Internet or other electronic communications networks; entertainment services, namely, providing online electronic games; entertainment information; entertainment services, namely, multimedia production services; educational services, namely, providing on-line classes, seminars and workshops in the field of news publishing regarding social event, social media and tabloid news; entertainment services, namely, providing temporary use of non-downloadable electronic games via a computer network; entertainment services, namely, providing online video games via a computer network; provision of non-downloadable films and movies via a video-on-demand service; providing a website featuring entertainment information in the fields of music, movies, sports and art via a computer network; educational and entertainment services, namely, providing motivational and educational speakers; digital video, audio and multimedia entertainment publishing services; online digital video, audio and multimedia publishing services; entertainment services, namely, live, televised and movie appearances by a professional entertainer; film production; presentation of live show performances; entertainment in the nature of live dance performances; movie studio services; production of radio and TV programs; entertainment, namely, a continuing news show regarding social event, social media and tabloid news broadcast over television; providing online entertainment information; providing real time news in the field of entertainment via a global computer network; entertainment services, namely, providing an on-line board game; entertainment in the nature of television news shows; entertainment services in the nature of on-line journals, namely, blogs featuring entertainment news in the nature of social event, social media and tabloid news
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 11/01/2015 and first used in commerce at least as early as 11/01/2015 , 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 Screen shot from the owner's website showing the mark in use with the services, which are available. .
"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

Filing Basis: Section 44(d), Priority based on foreign filing: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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority based upon a foreign application. 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, 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 or services that meet the certification standards of the applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on [ European Union Trademark - EUTM application number 016552391 filed 04/04/2017]. 15 U.S.C.Section 1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration. If ultimately the applicant does not rely on Section 44(e) as a basis for registration, a valid claim of priority may be retained.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 042 for Application service provider (ASP), namely, hosting computer software applications of others; Application service provider (ASP) featuring software for use in transmitting of multimedia content via the Internet and other computer and communications networks; hosting of digital multimedia content, including digital entertainment and educational multimedia content, for others on the Internet
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 11/01/2015 and first used in commerce at least as early as 11/01/2015 , and is now in use in such commerce.

Filing Basis: Section 44(d), Priority based on foreign filing: 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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority based upon a foreign application. For a certification 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, 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 or services that meet the certification standards of the applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on[ European Union Trademark - EUTM application number 016552391 filed 04/04/2017]. 15 U.S.C.Section 1126(d), as amended.

Proposed: Class 042 for Application service provider (ASP), namely, hosting computer software applications of others; Application service provider (ASP) featuring software for use in transmitting of multimedia content via the Internet and other computer and communications networks; hosting of digital multimedia content, including digital entertainment and educational multimedia content, for others on the Internet
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 11/01/2015 and first used in commerce at least as early as 11/01/2015 , and is now in use in such commerce.
Applicant hereby submits one(or more) specimen(s) for Class 042 . The specimen(s) submitted consists of Screen shot from the owner's website showing the mark in use with the services, which are available. .
"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

Filing Basis: Section 44(d), Priority based on foreign filing: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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority based upon a foreign application. 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, 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 or services that meet the certification standards of the applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on [ European Union Trademark - EUTM application number 016552391 filed 04/04/2017]. 15 U.S.C.Section 1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration. If ultimately the applicant does not rely on Section 44(e) as a basis for registration, a valid claim of priority may be retained.

ADDITIONAL STATEMENTS
Description of mark
The mark consists of the letters "LT" in a stylized font, outlined in a dotted line, with the edges of the letters rounded. The top half of the letter "L" is shaded and the bottom half of the letter "T" is shaded.

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: /Sarah M. Stemer/      Date: 04/24/2018
Signatory's Name: Sarah M. Stemer
Signatory's Position: Florida Bar Member
Signatory's Phone Number: 9549251100


Response Signature
Signature: /Sarah M. Stemer/     Date: 04/24/2018
Signatory's Name: Sarah M. Stemer
Signatory's Position: Florida Bar Member

Signatory's Phone Number: 9549251100

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: 87624882
Internet Transmission Date: Tue Apr 24 15:27:49 EDT 2018
TEAS Stamp: USPTO/ROA-XX.XX.XXX.XX-20180424152749770
259-87624882-510d6ac5a257b442c53bdcdba11
50b16a4ab8f699d56b1ac2dc643f96399730532d
-N/A-N/A-20180424151259077172


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