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)

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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 09/20/2020)

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 87882566 RECOHAVOC(Standard Characters, see http://uspto.report/TM/87882566/mark.png) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 009 for Musical sound recordings; Audio and video recordings featuring music and artistic performances; downloadable musical recordings; pre-recorded digital media featuring music; audio recordings featuring music performances; digital music downloadable from the Internet; entertainment services, namely, providing non-downloadable prerecorded music on-line via a global computer network
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 07/04/2017 and first used in commerce at least as early as 07/04/2017 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Musical sound recordings; Audio and video recordings featuring music and artistic performances; downloadable musical recordings; pre-recorded digital media featuring music; digital materials, namely, downloadable, pre-recorded audio and video files held in electronic format, featuring music; audio recordings featuring music performances; digital music downloadable from the Internet; entertainment services, namely, providing non-downloadable prerecorded music on-line via a global computer networkClass 009 for Musical sound recordings; Audio and video recordings featuring music and artistic performances; downloadable musical recordings; digital materials, namely, downloadable, pre-recorded audio and video files held in electronic format, featuring music; audio recordings featuring music performances; digital music downloadable from 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 07/04/2017 and first used in commerce at least as early as 07/04/2017 , and is now in use in such commerce.
ADDITIONAL STATEMENTS
Significance of wording, letter(s), or numeral(s)
RECOHAVOC appearing in the mark has no significance nor is it a term of art in the relevant trade or industry or as used in connection with the goods/services/collective membership organization listed in the application, or any geographical significance.


Miscellaneous Statement
The response form does not allow us to re-classify services in Class 009 to Class 041 since they are in actual use and the original basis for the goods originally listed in that class is "intent-to-use." We agree to the examiner's re-classification of the following services which were in Class 009, to be placed into Class 041 with a 1(a) basis: "entertainment services, namely, providing non-downloadable prerecorded music on-line via a global computer network." These services have a date of first use of July 4, 2017 and the specimens previously submitted are specimens for these services as well.


SIGNATURE(S)
Response Signature
Signature: /FrankAMazzeo/     Date: 08/01/2018
Signatory's Name: Frank A. Mazzeo
Signatory's Position: Attorney of Record - PA Bar Member

Signatory's Phone Number: 215 997-0248

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: 87882566
Internet Transmission Date: Wed Aug 01 15:14:53 EDT 2018
TEAS Stamp: USPTO/ROA-XXX.XX.XXX.XX-2018080115145300
2441-87882566-610c7c3f5e8b45bf49f660b728
108efc6e36b4952d019e86107c871a5e6c1e33-N
/A-N/A-20180801151230380060