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. 88106965 COOK(Standard Characters, see http://uspto.report/TM/88106965/mark.png) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant hereby deletes the following class of goods/services from the application.
Class 041 for (Based on Use in Commerce) Entertainment media production services for the internet; Entertainment services in the nature of production of multimedia entertainment content; Entertainment services, namely, multimedia production services; Entertainment services, namely, non-downloadable ringtones, pre-recorded music, and graphics presented to mobile communications devices via a global computer network and wireless networks; Entertainment services, namely, providing non-downloadable playback of music via global communications networks; Entertainment services by a musical artist and producer, namely, musical composition for others and production of musical sound recordings; Entertainment services in the nature of recording, production and post-production services in the field of music; Multimedia entertainment services in the nature of recording, production and post-production services in the fields of music, video, and films; Production of music; Production of musical videos; Production of sound and music video recordings(Based on Intent to Use) Entertainment in the nature of live performances by artist; Entertainment services in the nature of live audio performances by artist; Entertainment services in the nature of live music performances; Entertainment services, namely, dance events by a recording artist; Entertainment services, namely, live appearances by a rapper; Entertainment services, namely, personal appearances by a rapper; Entertainment services, namely, televised appearances by a rapper; Entertainment, namely, live music concerts; Entertainment services in the nature of live musical performances; Entertainment services in the nature of live visual and audio performances by artist; Entertainment services in the nature of live visual and audio performances, namely, musical, variety, news and comedy shows; Entertainment services in the nature of live vocal performances by artist; Providing voice overs for tapes, records and other recorded media for entertainment and education purposes

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 009 for Musical recordings; Audio and video recordings featuring music and artistic performances; Compact discs featuring music; Compact discs featuring music and spoken word in the form of poetry; Digital music downloadable from the Internet; Downloadable music files; Downloadable musical sound recordings; Downloadable ring tones, graphics and music via a global computer network and wireless devices; Downloadable video recordings featuring music; Downloadable video recordings featuring artist; Downloadable music via the internet and wireless devices; Sound recordings featuring artist; Video recordings featuring artist
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 08/05/2007 and first used in commerce at least as early as 04/01/2012 , and is now in use in such commerce.

Proposed: Class 009 for Musical recordings; Audio and video recordings featuring music and artistic performances; Compact discs featuring music; Compact discs featuring music and spoken word in the form of poetry; Digital music downloadable from the Internet; Downloadable music files; Downloadable musical sound recordings; Downloadable ring tones, graphics and music via a global computer network and wireless devices; Downloadable video recordings featuring music; Downloadable video recordings featuring artist; Downloadable music via the internet and wireless devices; Sound recordings featuring artist; Video recordings featuring artist
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 08/05/2007 and first used in commerce at least as early as 04/01/2012 , and is now in use in such commerce.
Applicant hereby submits one(or more) specimen(s) for Class 009 .
"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 File1
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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: /Christopher Deverell-Balcells/      Date: 02/21/2019
Signatory's Name: Christopher Deverell-Balcells
Signatory's Position: Owner
Signatory's Phone Number: 3052152334


Response Signature
Signature: /Christopher Deverell-Balcells/     Date: 02/21/2019
Signatory's Name: Christopher Deverell-Balcells
Signatory's Position: Owner

Signatory's Phone Number: 3052152334

The signatory has confirmed that he/she is not represented by either an authorized attorney or Canadian attorney/agent, and that he/she is either: (1) the owner/holder ; or (2) a person(s) with legal authority to bind the owner/holder; and if an authorized U.S. attorney or Canadian attorney/agent previously represented him/her in this matter, either he/she has filed a signed revocation of power of attorney with the USPTO or the USPTO has granted the request of his/her prior representative to withdraw.

        
Serial Number: 88106965
Internet Transmission Date: Thu Feb 21 17:18:07 EST 2019
TEAS Stamp: USPTO/ROA-XX.XX.XXX.XXX-2019022117180732
4462-88106965-620a29cbd3ff296bc4553624a9
8d62783d56447ad0ddfc6599d3ca8f8aadafcebe
-N/A-N/A-20190221165049375261