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. 88066748 ONERPM (Stylized and/or with Design, see http://uspto.report/TM/88066748/mark.png) has been amended as follows:

MARK
Applicant proposes to amend the mark as follows:
Current: ONERPM (Stylized and/or with Design, see http://uspto.report/TM/88066748/mark.png)
Proposed: ONERPM (Stylized and/or with Design, see mark)
The applicant is not claiming color as a feature of the mark.
The mark consists of the stylized wording "onerpm" on one line with three curves of varying length on top of the letter "e".

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 009 for Downloadable musical sound recordings; Musical sound recordings; video recordings; Downloadable music, mp3 files featuring music and music-related entertainment, music-related images and music-related videos
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 07/01/2010 and first used in commerce at least as early as 07/01/2010 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Downloadable musical sound recordings; Musical sound recordings; video recordings; video recordings featuring music, interviews with recording artists, and musical performances; Downloadable music, mp3 files featuring music and music-related entertainment, music-related images and music-related videos; Downloadable music and mp3 files featuring music and music-related entertainment, music-related images and music-related videosClass 009 for Downloadable musical sound recordings; Musical sound recordings; video recordings featuring music, interviews with recording artists, and musical performances; Downloadable music and mp3 files featuring music and music-related entertainment, music-related images and music-related videos
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 07/01/2010 and first used in commerce at least as early as 07/01/2010 , and is now in use in such commerce.
Applicant hereby submits one(or more) specimen(s) for Class 009 . The specimen(s) submitted consists of Screenshot of iTunes page offering ONErpm videos for download .
"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].
Original PDF file:
SPU0-732419674-20181120111812907855_._iTunes_ONErpm_downloads.pdf
Converted PDF file(s) ( 1 page)
Specimen File1

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 035 for Distributorship in the field of videos and musical sound recordings; online retail store services featuring sound recordings, audio, and audiovisual recordings; licensing of pre-recorded musical and video works; computerized accounting services; Promotion and marketing services and related consulting; Marketing and promotional services in the field of audio, music, video, digital, and multimedia entertainment content; Design, implementation, and execution of advertising campaigns; production and creation of marketing materials in the nature of films, videos, movies, audio recordings, and music recordings; Administration of the licensing of the copyrighted music and videos of others; accounting services in the field of music royalties
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 07/01/2010 and first used in commerce at least as early as 07/01/2010 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Distributorship in the field of videos and musical sound recordings; online retail store services featuring sound recordings, audio, and audiovisual recordings; licensing of pre-recorded musical and video works; Commercial administration of the licensing of musical and video works of others; computerized accounting services; Promotion and marketing services and related consulting; Marketing and promotional services in the field of audio, music, video, digital, and multimedia entertainment content; Design, implementation, and execution of advertising campaigns; Advertising consultation, namely design, implementation, and execution of advertising campaigns; production and creation of marketing materials in the nature of films, videos, movies, audio recordings, and music recordings; Administration of the licensing of the copyrighted music and videos of others; Commercial administration of the licensing of the copyrighted music and videos of others; accounting services in the field of music royaltiesClass 035 for Distributorship in the field of videos and musical sound recordings; online retail store services featuring sound recordings, audio, and audiovisual recordings; Commercial administration of the licensing of musical and video works of others; computerized accounting services; Promotion and marketing services and related consulting; Marketing and promotional services in the field of audio, music, video, digital, and multimedia entertainment content; Advertising consultation, namely design, implementation, and execution of advertising campaigns; production and creation of marketing materials in the nature of films, videos, movies, audio recordings, and music recordings; Commercial administration of the licensing of the copyrighted music and videos of others; accounting services in the field of music royalties
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 07/01/2010 and first used in commerce at least as early as 07/01/2010 , and is now in use in such commerce.
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 038 for Distribution services in the field of audio, video, digital and multimedia content, namely, electronic transmission services via the internet, computers, televisions, mobile devices, tablet computers, and mobile phones; Streaming of audio, audiovisual, musical, and video content via the internet; Electronic delivery of digital musical sound recordings, videos, video clips, films and film footage, and other data of others, namely, texts pertaining to music, videos and films, all via wired and wireless networks to traditional retail, internet retail, entertainment, gaming and consumer product companies and mobile phone and wireless device carriers; Providing telecommunication channels for viewing videos and content via global computer networks
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 07/01/2010 and first used in commerce at least as early as 07/01/2010 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Distribution services in the field of audio, video, digital and multimedia content, namely, electronic transmission services via the internet, computers, televisions, mobile devices, tablet computers, and mobile phones; Electronic transmission services via the internet and electronic communications networks, namely, distribution of audio, video, digital and multimedia content to computers, televisions, mobile devices, tablet computers, and mobile phones; Streaming of audio, audiovisual, musical, and video content via the internet; Electronic delivery of digital musical sound recordings, videos, video clips, films and film footage, and other data of others, namely, texts pertaining to music, videos and films, all via wired and wireless networks to traditional retail, internet retail, entertainment, gaming and consumer product companies and mobile phone and wireless device carriers; Providing telecommunication channels for viewing videos and content via global computer networksClass 038 for Electronic transmission services via the internet and electronic communications networks, namely, distribution of audio, video, digital and multimedia content to computers, televisions, mobile devices, tablet computers, and mobile phones; Streaming of audio, audiovisual, musical, and video content via the internet; Electronic delivery of digital musical sound recordings, videos, video clips, films and film footage, and other data of others, namely, texts pertaining to music, videos and films, all via wired and wireless networks to traditional retail, internet retail, entertainment, gaming and consumer product companies and mobile phone and wireless device carriers; Providing telecommunication channels for viewing videos and content via global computer networks
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 07/01/2010 and first used in commerce at least as early as 07/01/2010 , and is now in use in such commerce.
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 041 for Music publishing services; on-line digital video, audio and multimedia entertainment publishing services; providing a website containing information about musical entertainers and record labels, their recordings, videos, tours, music, and news; production and creation of entertainment in the nature of films, videos, movies, audio recordings, and music recordings; entertainment services, namely, providing audio, films, original series, and other multimedia content over the internet via a global computer network; Entertainment services in the nature of the development, creation, design, production, postproduction, and distribution of audio, video, digital, and multimedia entertainment content; entertainment in the nature of live musical performances; entertainment, namely, live music concerts; sound recording studios; video production studios; entertainment services in the nature of performances rendered by musical artists through audio and video recordings
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 07/01/2010 and first used in commerce at least as early as 07/01/2010 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Music publishing services; on-line digital video, audio and multimedia entertainment publishing services; providing a website containing information about musical entertainers and record labels, their recordings, videos, tours, music, and news; providing a website containing entertainment information about musical entertainers and record labels, their music recordings, non-downloadable videos and prerecorded music, tours, and music news; production and creation of entertainment in the nature of films, videos, movies, audio recordings, and music recordings; Entertainment services, namely, production and creation services of multimedia entertainment in the nature of films, videos, movies, audio recordings, and music recordings; entertainment services, namely, providing audio, films, original series, and other multimedia content over the internet via a global computer network; Entertainment services, namely, providing a web site featuring non-downloadable audio recordings, films, original video series, and multimedia programs in the field of musical entertainers and music over the internet via a global computer network; Entertainment services in the nature of the development, creation, design, production, postproduction, and distribution of audio, video, digital, and multimedia entertainment content; entertainment in the nature of live musical performances; entertainment, namely, live music concerts; sound recording studios; video production studios; entertainment services in the nature of performances rendered by musical artists through audio and video recordings; entertainment services in the nature of live performances rendered by musical artists; Providing a website featuring non-downloadable audio and video recordings featuring performances musical artistsClass 041 for Music publishing services; on-line digital video, audio and multimedia entertainment publishing services; providing a website containing entertainment information about musical entertainers and record labels, their music recordings, non-downloadable videos and prerecorded music, tours, and music news; Entertainment services, namely, production and creation services of multimedia entertainment in the nature of films, videos, movies, audio recordings, and music recordings; Entertainment services, namely, providing a web site featuring non-downloadable audio recordings, films, original video series, and multimedia programs in the field of musical entertainers and music over the internet via a global computer network; Entertainment services in the nature of the development, creation, design, production, postproduction, and distribution of audio, video, digital, and multimedia entertainment content; entertainment in the nature of live musical performances; entertainment, namely, live music concerts; sound recording studios; video production studios; entertainment services in the nature of live performances rendered by musical artists; Providing a website featuring non-downloadable audio and video recordings featuring performances musical artists
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 07/01/2010 and first used in commerce at least as early as 07/01/2010 , and is now in use in such commerce.
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: /Jennifer Newman Sharpe/      Date: 11/20/2018
Signatory's Name: Jennifer Newman Sharpe
Signatory's Position: Attorney of record, New York bar member
Signatory's Phone Number: 6464949491


Response Signature
Signature: /Jennifer Newman Sharpe/     Date: 11/20/2018
Signatory's Name: Jennifer Newman Sharpe
Signatory's Position: Attorney of record, New York bar member

Signatory's Phone Number: 6464949491

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: 88066748
Internet Transmission Date: Tue Nov 20 11:32:11 EST 2018
TEAS Stamp: USPTO/ROA-XX.XX.XXX.XX-20181120113211251
573-88066748-6105f2bdbd8e037af7958c3384a
86646b01da0dba56194476eb993678c1b35614-N
/A-N/A-20181120111812907855