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. 88104152 IDENTITY(Standard Characters, see http://uspto.report/TM/88104152/mark.png) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 041 for Planning, promoting and producing live musical events
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: Planning, promoting and producing live musical events; Entertainment services, namely, organizing and producing live musical eventsClass 041 for Entertainment services, namely, organizing and producing live musical events
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.

ADDITIONAL STATEMENTS
Miscellaneous Statement
In reply to the Office Action issued in the above-identified service mark application on November 5, 2018, please rewrite the description of the applicant's services to read as follows: Entertainment services, namely, organizing and producing live musical events (in International Class 41). This application has been amended merely to clarify the nature of the applicant's services in International Class 41 only. However, no new services have been added and the scope of the original services has not been changed. In this same regard, the applicant's services described above fall solely into a single service mark class. Therefore, no additional fee is required to be paid to maintain this application. It is noted from the Office Action that a search of the Office database has found no conflicting registered or pending mark which would bar registration of the applicant's mark under Section 2(d) of the Trademark Act. Having complied with all of the requirements in the Office Action, and there being no remaining issues to be resolved, it is submitted that the applied for mark IDENTITY is now in condition for registration. An early Notice of Publication is earnestly solicited in this regard.


SIGNATURE(S)
Response Signature
Signature: /Morland C. Fischer/     Date: 11/08/2018
Signatory's Name: Morland C. Fischer
Signatory's Position: Attorney of record

Signatory's Phone Number: 949-476-0600

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: 88104152
Internet Transmission Date: Thu Nov 08 16:44:32 EST 2018
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XXX-201811081644328
79665-88104152-6103b492ce8163ca85fdcc53a
89b778713f5391dcfb1ee1bd82a6d62459f6f697
6-N/A-N/A-20181108164246681336