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
The table below presents the data as entered.
Input Field
|
Entered
|
SERIAL NUMBER |
88066748 |
LAW OFFICE ASSIGNED |
LAW OFFICE 101 |
MARK SECTION (current) |
MARK FILE NAME |
http://uspto.report/TM/88066748/mark.png |
LITERAL ELEMENT |
ONERPM |
STANDARD CHARACTERS |
NO |
USPTO-GENERATED IMAGE |
NO |
COLOR(S) CLAIMED
(If applicable) |
Color is not claimed as a feature of the mark. |
DESCRIPTION OF THE MARK
(and Color Location, if applicable) |
The mark consists of stylized wording "onerpm" with three curves of varying length next to each other in the top right corner. |
MARK SECTION (proposed) |
MARK FILE NAME |
\\TICRS\EXPORT17\IMAGEOUT 17\880\667\88066748\xml5\ ROA0002.JPG |
LITERAL ELEMENT |
ONERPM |
STANDARD CHARACTERS |
NO |
USPTO-GENERATED IMAGE |
NO |
COLOR MARK |
NO |
DESCRIPTION OF THE MARK
(and Color Location, if applicable) |
The mark consists of the stylized wording "onerpm" on one line with three curves of varying length on top of the letter "e". |
PIXEL COUNT ACCEPTABLE |
YES |
PIXEL COUNT |
900 x 335 |
GOODS AND/OR SERVICES SECTION (009)(current) |
INTERNATIONAL CLASS |
009 |
DESCRIPTION |
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 |
FILING BASIS |
Section 1(a) |
FIRST USE ANYWHERE DATE |
At least as early as 07/01/2010 |
FIRST USE IN COMMERCE DATE |
At least as early as 07/01/2010 |
GOODS AND/OR SERVICES SECTION (009)(proposed) |
INTERNATIONAL CLASS |
009 |
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 videos |
FINAL DESCRIPTION |
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) |
FIRST USE ANYWHERE DATE |
At least as early as 07/01/2010 |
FIRST USE IN COMMERCE DATE |
At least as early as 07/01/2010 |
STATEMENT TYPE |
"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]. |
SPECIMEN FILE NAME(S) |
ORIGINAL PDF FILE |
SPU0-732419674-20181120111812907855_._iTunes_ONErpm_downloads.pdf |
CONVERTED PDF FILE(S)
(1 page) |
\\TICRS\EXPORT17\IMAGEOUT17\880\667\88066748\xml5\ROA0003.JPG |
SPECIMEN DESCRIPTION |
Screenshot of iTunes page offering ONErpm videos for download |
GOODS AND/OR SERVICES SECTION (035)(current) |
INTERNATIONAL CLASS |
035 |
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; 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 |
FILING BASIS |
Section 1(a) |
FIRST USE ANYWHERE DATE |
At least as early as 07/01/2010 |
FIRST USE IN COMMERCE DATE |
At least as early as 07/01/2010 |
GOODS AND/OR SERVICES SECTION (035)(proposed) |
INTERNATIONAL CLASS |
035 |
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 royalties |
FINAL DESCRIPTION |
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) |
FIRST USE ANYWHERE DATE |
At least as early as 07/01/2010 |
FIRST USE IN COMMERCE DATE |
At least as early as 07/01/2010 |
GOODS AND/OR SERVICES SECTION (038)(current) |
INTERNATIONAL CLASS |
038 |
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; 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) |
FIRST USE ANYWHERE DATE |
At least as early as 07/01/2010 |
FIRST USE IN COMMERCE DATE |
At least as early as 07/01/2010 |
GOODS AND/OR SERVICES SECTION (038)(proposed) |
INTERNATIONAL CLASS |
038 |
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 networks |
FINAL DESCRIPTION |
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) |
FIRST USE ANYWHERE DATE |
At least as early as 07/01/2010 |
FIRST USE IN COMMERCE DATE |
At least as early as 07/01/2010 |
GOODS AND/OR SERVICES SECTION (041)(current) |
INTERNATIONAL CLASS |
041 |
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; 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 |
FILING BASIS |
Section 1(a) |
FIRST USE ANYWHERE DATE |
At least as early as 07/01/2010 |
FIRST USE IN COMMERCE DATE |
At least as early as 07/01/2010 |
GOODS AND/OR SERVICES SECTION (041)(proposed) |
INTERNATIONAL CLASS |
041 |
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 artists |
FINAL DESCRIPTION |
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) |
FIRST USE ANYWHERE DATE |
At least as early as 07/01/2010 |
FIRST USE IN COMMERCE DATE |
At least as early as 07/01/2010 |
SIGNATURE SECTION |
DECLARATION SIGNATURE |
/Jennifer Newman Sharpe/ |
SIGNATORY'S NAME |
Jennifer Newman Sharpe |
SIGNATORY'S POSITION |
Attorney of record, New York bar member |
SIGNATORY'S PHONE NUMBER |
6464949491 |
DATE SIGNED |
11/20/2018 |
RESPONSE SIGNATURE |
/Jennifer Newman Sharpe/ |
SIGNATORY'S NAME |
Jennifer Newman Sharpe |
SIGNATORY'S POSITION |
Attorney of record, New York bar member |
SIGNATORY'S PHONE NUMBER |
6464949491 |
DATE SIGNED |
11/20/2018 |
AUTHORIZED SIGNATORY |
YES |
FILING INFORMATION SECTION |
SUBMIT DATE |
Tue Nov 20 11:32:11 EST 2018 |
TEAS STAMP |
USPTO/ROA-XX.XX.XXX.XX-20
181120113211251573-880667
48-6105f2bdbd8e037af7958c
3384a86646b01da0dba561944
76eb993678c1b35614-N/A-N/
A-20181120111812907855 |
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