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)

---

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. 88135802 FOX LIVE(Standard Characters, see http://uspto.report/TM/88135802/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 009 for Motion picture films; pre-recorded DVDs, high-resolution DVDs, and high-definition DVDs; pre-recorded CDs; downloadable audio and video recordings; downloadable motion pictures, television shows, and video recordings; downloadable ring tones, graphics, computer desktop wallpaper, games and music via a global computer network and wireless devices; computer games software; video games software; computer screen saver software; downloadable software; mobile applications; downloadable electronic publications; mousepads; decorative magnets
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: Motion picture films; Motion picture films featuring action, adventure, comedy, drama, children's entertainment, current event news, documentary and sports; pre-recorded DVDs, high-resolution DVDs, and high-definition DVDs; pre-recorded DVDs, high-resolution DVDs, and high-definition DVDs all featuring action, adventure, comedy, drama, children's entertainment, current event news, documentary, reality shows, live musical and comedy performances, and sports; pre-recorded CDs; pre-recorded CDs featuring action, adventure, comedy, drama, children's entertainment, current event news, documentary, reality shows, live musical and comedy performances, sports, and musical performances; downloadable audio and video recordings; downloadable audio and video recordings featuring action, adventure, comedy, drama, children's entertainment, current event news, documentary, reality shows, live musical and comedy performances, and sports; downloadable motion pictures, television shows, and video recordings; downloadable motion pictures, television shows, and video recordings all featuring action, adventure, comedy, drama, children's entertainment, current event news, documentary, reality shows, live musical and comedy performances, and sports; downloadable ring tones, graphics, computer desktop wallpaper, games and music via a global computer network and wireless devices; computer games software; video games software; computer screen saver software; downloadable software; downloadable software for use in the distribution of digital video, video files, video games, and multimedia content featuring action, adventure, comedy, drama, children's entertainment, current event news, documentary, reality shows, live musical and comedy performances, and sports; mobile applications; downloadable software for accessing entertainment information in the fields of action, adventure, comedy, drama, children's entertainment, current event news, documentary, reality shows, live musical and comedy performances, and sports; downloadable electronic publications; mobile applications for use in the distribution of digital video, video files, video games, and multimedia content featuring action, adventure, comedy, drama, children's entertainment, current event news, documentary, reality shows, live musical and comedy performances, and sports; downloadable electronic publications in the nature of newsletters, magazines, journals, books in the field of action, adventure, comedy, drama, children's entertainment, current event news, documentary, reality shows, live musical and comedy performances, and sports; mousepads; decorative magnetsClass 009 for Motion picture films featuring action, adventure, comedy, drama, children's entertainment, current event news, documentary and sports; pre-recorded DVDs, high-resolution DVDs, and high-definition DVDs all featuring action, adventure, comedy, drama, children's entertainment, current event news, documentary, reality shows, live musical and comedy performances, and sports; pre-recorded CDs featuring action, adventure, comedy, drama, children's entertainment, current event news, documentary, reality shows, live musical and comedy performances, sports, and musical performances; downloadable audio and video recordings featuring action, adventure, comedy, drama, children's entertainment, current event news, documentary, reality shows, live musical and comedy performances, and sports; downloadable motion pictures, television shows, and video recordings all featuring action, adventure, comedy, drama, children's entertainment, current event news, documentary, reality shows, live musical and comedy performances, and sports; downloadable ring tones, graphics, computer desktop wallpaper, games and music via a global computer network and wireless devices; computer games software; video games software; computer screen saver software; downloadable software for use in the distribution of digital video, video files, video games, and multimedia content featuring action, adventure, comedy, drama, children's entertainment, current event news, documentary, reality shows, live musical and comedy performances, and sports; downloadable software for accessing entertainment information in the fields of action, adventure, comedy, drama, children's entertainment, current event news, documentary, reality shows, live musical and comedy performances, and sports; mobile applications for use in the distribution of digital video, video files, video games, and multimedia content featuring action, adventure, comedy, drama, children's entertainment, current event news, documentary, reality shows, live musical and comedy performances, and sports; downloadable electronic publications in the nature of newsletters, magazines, journals, books in the field of action, adventure, comedy, drama, children's entertainment, current event news, documentary, reality shows, live musical and comedy performances, and sports; mousepads; decorative magnets
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
Disclaimer
No claim is made to the exclusive right to use LIVE apart from the mark as shown.


Miscellaneous Statement
The Examining Attorney has informed Applicant of prior pending applications for FOX Word & Device (Serial No. 79245178) and FOX FAMILY (Serial No. 79236840). Applicant notes that if these applications mature into registration, the Examining Attorney may refuse registration under Section 2(d) of the Trademark Act, 15 U.S.C §1052 2(d). Applicant will reserve further arguments respecting these applications until such time as they mature to registration, and if the Examining Attorney refuses registration on the grounds that there is a likelihood of confusion. In addition, please note that this application has been assigned from Twentieth Century Fox Film Corporation to Fox Media LLC. As such, this response is signed by an attorney for Fox Media LLC. The assignment document will be submitted for recordation with the PTO shortly.


SIGNATURE(S)
Response Signature
Signature: /tirzah lowe/     Date: 07/10/2019
Signatory's Name: Tirzah Lowe
Signatory's Position: Attorney for Fox Media LLC (CA Bar Member)

Signatory's Phone Number: 310-369-5040

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: 88135802
Internet Transmission Date: Wed Jul 10 18:18:02 EDT 2019
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.XX-201907101818023
13167-88135802-620ff3ecf21fd85cedc3b6ca5
0b950ea1f98959c073ab461a34c43f4225f7711-
N/A-N/A-20190710161249220469