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. 88026277 VITA(Standard Characters, see http://uspto.report/TM/88026277/mark.png) has been amended as follows:

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

See attached PDF file for legal discussion.


EVIDENCE
Evidence in the nature of Legal Discussion (VITA); Exh A _ Vita Definition by Merriam-Webster; Exh B _ Vita translation by Google; Exh C _ Party Definition by Merriam-Webster; Exh D _ Discos by Britannica Encyclopedia has been attached.
Original PDF file:
evi_7510110651-20190429175927422412_._RTOA1_Legal_Discussion_v01__VITA_.pdf
Converted PDF file(s) ( 4 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Original PDF file:
evi_7510110651-20190429175927422412_._Exh_A___Vita__Definition_by_Merriam-Webster.pdf
Converted PDF file(s) ( 1 page)
Evidence-1
Original PDF file:
evi_7510110651-20190429175927422412_._Exh_B___Vita_translation_by_Google.pdf
Converted PDF file(s) ( 1 page)
Evidence-1
Original PDF file:
evi_7510110651-20190429175927422412_._Exh_C___Party_Definition_by_Merriam-Webster.pdf
Converted PDF file(s) ( 1 page)
Evidence-1
Original PDF file:
evi_7510110651-20190429175927422412_._Exh_D___Discos_by_Britannica_Encyclopedia.pdf
Converted PDF file(s) ( 1 page)
Evidence-1

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 041 for Organizing and conducting festivals featuring sporting events, live music concerts, live stage performances, entertainment activities for children and youth, and art exhibitions
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: Organizing and conducting festivals featuring sporting events, live music concerts, live stage performances, entertainment activities for children and youth, and art exhibitions; Organizing and conducting community festivals featuring sporting events, live music concerts, live stage performances, entertainment activities for children and youth, and art exhibitionsClass 041 for Organizing and conducting community festivals featuring sporting events, live music concerts, live stage performances, entertainment activities for children and youth, and art exhibitions
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: /wld/     Date: 04/29/2019
Signatory's Name: Warren L. Dranit
Signatory's Position: Attorney of record, State Bar of California member

Signatory's Phone Number: 707.524.1900

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: 88026277
Internet Transmission Date: Mon Apr 29 18:11:10 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XX-2019042918111008
3974-88026277-6204d1165cca37081b38874416
0b5722c9bf53a9b2afd51b1a93db32f2681d1-N/
A-N/A-20190429175927422412