TEAS Request Reconsideration after FOA

ACOUSTIC SURFACE AUDIO

Sony Corporation

TEAS Request Reconsideration after FOA

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 1960 (Rev 10/2011)
OMB No. 0651-0050 (Exp 09/20/2020)

Request for Reconsideration after Final Action


The table below presents the data as entered.

Input Field
Entered
SERIAL NUMBER 88048286
LAW OFFICE ASSIGNED LAW OFFICE 113
MARK SECTION
MARK http://uspto.report/TM/88048286/mark.png
LITERAL ELEMENT ACOUSTIC SURFACE AUDIO
STANDARD CHARACTERS YES
USPTO-GENERATED IMAGE YES
MARK STATEMENT The mark consists of standard characters, without claim to any particular font style, size or color.
ARGUMENT(S)
The Office Action dated June 3, 2019 has been received and carefully reviewed. The Hon. Trademark Attorney has continued her refusal to register the mark due to descriptiveness under Section 2(e) (1) of the Act. In response, Applicant advises that it has today submitted a Statement of Use and also seeks to amend this application for registration on the Supplemental Register.
ADDITIONAL STATEMENTS SECTION
SUPPLEMENTAL REGISTER The applicant seeks registration of the mark on the Supplemental Register (i.e., a change of the words 'Principal Register' to 'Supplemental Register'). NOTE: The applicant has separately filed an Allegation of Use, to change the basis of this application from Section 1(b), intent-to-use, to Section 1(a), use in commerce.
ATTORNEY SECTION (current)
NAME Robert B.G. Horowitz,
ATTORNEY BAR MEMBERSHIP NUMBER NOT SPECIFIED
YEAR OF ADMISSION NOT SPECIFIED
U.S. STATE/ COMMONWEALTH/ TERRITORY NOT SPECIFIED
FIRM NAME BAKER & HOSTETLER LLP
INTERNAL ADDRESS 14TH FLOOR
STREET 45 ROCKEFELLER PLAZA
CITY NEW YORK
STATE New York
POSTAL CODE 10111
COUNTRY US
PHONE 212-589-4200
FAX 212 589-4201
EMAIL bhipdocket@bakerlaw.com
AUTHORIZED TO COMMUNICATE VIA EMAIL Yes
DOCKET/REFERENCE NUMBER 41279.3158
ATTORNEY SECTION (proposed)
NAME Robert B.G. Horowitz,
ATTORNEY BAR MEMBERSHIP NUMBER XXX
YEAR OF ADMISSION XXXX
U.S. STATE/ COMMONWEALTH/ TERRITORY XX
FIRM NAME BAKER & HOSTETLER LLP
INTERNAL ADDRESS 14TH FLOOR
STREET 45 ROCKEFELLER PLAZA
CITY NEW YORK
STATE New York
POSTAL CODE 10111
COUNTRY United States
PHONE 212-589-4200
FAX 212 589-4201
EMAIL bhipdocket@bakerlaw.com
AUTHORIZED TO COMMUNICATE VIA EMAIL Yes
DOCKET/REFERENCE NUMBER 41279.3158
CORRESPONDENCE SECTION (current)
NAME ROBERT B.G. HOROWITZ,
FIRM NAME BAKER & HOSTETLER LLP
INTERNAL ADDRESS 14TH FLOOR
STREET 45 ROCKEFELLER PLAZA
CITY NEW YORK
STATE New York
POSTAL CODE 10111
COUNTRY US
PHONE 212-589-4200
FAX 212 589-4201
EMAIL bhipdocket@bakerlaw.com; rhorowitz@bakerlaw.com; jcupito@bakerlaw.com
AUTHORIZED TO COMMUNICATE VIA EMAIL Yes
DOCKET/REFERENCE NUMBER 41279.3158
CORRESPONDENCE SECTION (proposed)
NAME Robert B.G. Horowitz,
FIRM NAME BAKER & HOSTETLER LLP
INTERNAL ADDRESS 14TH FLOOR
STREET 45 ROCKEFELLER PLAZA
CITY NEW YORK
STATE New York
POSTAL CODE 10111
COUNTRY United States
PHONE 212-589-4200
FAX 212 589-4201
EMAIL bhipdocket@bakerlaw.com; rhorowitz@bakerlaw.com; jcupito@bakerlaw.com
AUTHORIZED TO COMMUNICATE VIA EMAIL Yes
DOCKET/REFERENCE NUMBER 41279.3158
SIGNATURE SECTION
RESPONSE SIGNATURE /Robert B.G. Horowitz/
SIGNATORY'S NAME Robert B.G. Horowitz
SIGNATORY'S POSITION Attorney for Applicant
SIGNATORY'S PHONE NUMBER 212 589-4200
DATE SIGNED 09/04/2019
AUTHORIZED SIGNATORY YES
CONCURRENT APPEAL NOTICE FILED NO
FILING INFORMATION SECTION
SUBMIT DATE Wed Sep 04 14:41:25 EDT 2019
TEAS STAMP USPTO/RFR-XX.XXX.XXX.XX-2
0190904144125973256-88048
286-6101ddf4d10a625409d32
2eed697b3efc2fcbdec1bd75f
59c333853bca8d68da-N/A-N/
A-20190904143440441635



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 1960 (Rev 10/2011)
OMB No. 0651-0050 (Exp 09/20/2020)

Request for Reconsideration after Final Action


To the Commissioner for Trademarks:

Application serial no. 88048286 ACOUSTIC SURFACE AUDIO(Standard Characters, see http://uspto.report/TM/88048286/mark.png) has been amended as follows:

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

The Office Action dated June 3, 2019 has been received and carefully reviewed. The Hon. Trademark Attorney has continued her refusal to register the mark due to descriptiveness under Section 2(e) (1) of the Act. In response, Applicant advises that it has today submitted a Statement of Use and also seeks to amend this application for registration on the Supplemental Register.

The applicant's current attorney information: Robert B.G. Horowitz,. Robert B.G. Horowitz, of BAKER & HOSTETLER LLP, is located at

      14TH FLOOR
      45 ROCKEFELLER PLAZA
      NEW YORK, New York 10111
      US
The docket/reference number is 41279.3158.

The phone number is 212-589-4200.

The fax number is 212 589-4201.

The email address is bhipdocket@bakerlaw.com

The applicants proposed attorney information: Robert B.G. Horowitz,. Robert B.G. Horowitz, of BAKER & HOSTETLER LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      14TH FLOOR
      45 ROCKEFELLER PLAZA
      NEW YORK, New York 10111
      United States
The docket/reference number is 41279.3158.

The phone number is 212-589-4200.

The fax number is 212 589-4201.

The email address is bhipdocket@bakerlaw.com

Robert B.G. Horowitz, submitted the following statement: The attorney of record is an active member in good standing of the bar of the highest court of a U.S. state, the District of Columbia, or any U.S. Commonwealth or territory.
The applicant's current correspondence information: ROBERT B.G. HOROWITZ,. ROBERT B.G. HOROWITZ, of BAKER & HOSTETLER LLP, is located at

      14TH FLOOR
      45 ROCKEFELLER PLAZA
      NEW YORK, New York 10111
      US
The docket/reference number is 41279.3158.

The phone number is 212-589-4200.

The fax number is 212 589-4201.

The email address is bhipdocket@bakerlaw.com; rhorowitz@bakerlaw.com; jcupito@bakerlaw.com

The applicants proposed correspondence information: Robert B.G. Horowitz,. Robert B.G. Horowitz, of BAKER & HOSTETLER LLP, is located at

      14TH FLOOR
      45 ROCKEFELLER PLAZA
      NEW YORK, New York 10111
      United States
The docket/reference number is 41279.3158.

The phone number is 212-589-4200.

The fax number is 212 589-4201.

The email address is bhipdocket@bakerlaw.com; rhorowitz@bakerlaw.com; jcupito@bakerlaw.com

ADDITIONAL STATEMENTS
Supplemental Register
The applicant seeks registration of the mark on the Supplemental Register (i.e., a change of the words 'Principal Register' to 'Supplemental Register'). NOTE: The applicant has separately filed an Allegation of Use, to change the basis of this application from Section 1(b), intent-to-use, to Section 1(a), use in commerce.


SIGNATURE(S)
Request for Reconsideration Signature
Signature: /Robert B.G. Horowitz/     Date: 09/04/2019
Signatory's Name: Robert B.G. Horowitz
Signatory's Position: Attorney for Applicant

Signatory's Phone Number: 212 589-4200

The signatory has confirmed that he/she is a U.S.-licensed attorney who is an active member in good standing of the bar of the highest court of a U.S. state (including the District of Columbia and any U.S. Commonwealth or territory); 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.-licensed attorney not currently associated with his/her company/firm previously represented the owner/holder in this matter: the owner/holder has revoked their power of attorney by a signed revocation or substitute power of attorney with the USPTO; the USPTO has granted that attorney's withdrawal request; the owner/holder has filed a power of attorney appointing him/her in this matter; or the owner's/holder's appointed U.S.-licensed attorney has filed a power of attorney appointing him/her as an associate attorney in this matter.

The applicant is not filing a Notice of Appeal in conjunction with this Request for Reconsideration.

Mailing Address:    ROBERT B.G. HOROWITZ,
   BAKER & HOSTETLER LLP
   14TH FLOOR
   45 ROCKEFELLER PLAZA
   NEW YORK, New York 10111
Mailing Address:    Robert B.G. Horowitz,
   BAKER & HOSTETLER LLP
   14TH FLOOR
   45 ROCKEFELLER PLAZA
   NEW YORK, New York 10111
        
Serial Number: 88048286
Internet Transmission Date: Wed Sep 04 14:41:25 EDT 2019
TEAS Stamp: USPTO/RFR-XX.XXX.XXX.XX-2019090414412597
3256-88048286-6101ddf4d10a625409d322eed6
97b3efc2fcbdec1bd75f59c333853bca8d68da-N
/A-N/A-20190904143440441635



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