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