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. 88135810 FOX LIVE(Standard Characters, see http://uspto.report/TM/88135810/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 Education and entertainment services; providing of training; sporting and cultural activities; production, distribution, and presentation of audio and visual works in the nature of motion picture films and television programming, providing on-line information in the field of motion picture films, television programming, and video entertainment via the Internet, entertainment services in the nature of non-downloadable videos and images featuring motion picture films and television programming transmitted via the Internet and wireless communication networks
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: Education and entertainment services; Entertainment services in the nature of action, adventure, comedy, drama, children's entertainment, current event news, documentary, reality shows, live musical and comedy performances, and sports; providing of training; entertainment services, namely, providing online video games; sporting and cultural activities; sporting and cultural activities, namely, providing news and entertainment information in the field of sports, organizing and conducting cultural events, providing an internet website portal in the field of cultural and sporting events, providing information relating to organizing community sporting and cultural activities, organizing and providing youth sports activities; production, distribution, and presentation of audio and visual works in the nature of motion picture films and television programming, providing on-line information in the field of motion picture films, television programming, and video entertainment via the Internet, entertainment services in the nature of non-downloadable videos and images featuring motion picture films and television programming transmitted via the Internet and wireless communication networks; production, distribution, and presentation of audio and visual works in the nature of motion picture films and television programming; providing on-line information in the field of motion picture films, television programming, and video entertainment via the Internet; entertainment services in the nature of non-downloadable videos and images featuring motion picture films and television programming transmitted via the Internet and wireless communication networksClass 041 for Entertainment services in the nature of action, adventure, comedy, drama, children's entertainment, current event news, documentary, reality shows, live musical and comedy performances, and sports; entertainment services, namely, providing online video games; sporting and cultural activities, namely, providing news and entertainment information in the field of sports, organizing and conducting cultural events, providing an internet website portal in the field of cultural and sporting events, providing information relating to organizing community sporting and cultural activities, organizing and providing youth sports activities; production, distribution, and presentation of audio and visual works in the nature of motion picture films and television programming; providing on-line information in the field of motion picture films, television programming, and video entertainment via the Internet; entertainment services in the nature of non-downloadable videos and images featuring motion picture films and television programming transmitted via the Internet and wireless communication networks
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: 88135810
Internet Transmission Date: Wed Jul 10 18:19:30 EDT 2019
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.XX-201907101819300
24138-88135810-620c927fc29335df7279977bd
e15882b5f6215e1d9d9c8ca4667bef81d106334-
N/A-N/A-20190710150041656660