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. 88151812 SONISPHERE(Standard Characters, see http://uspto.report/TM/88151812/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 Sound recordings featuring music; visual recordings and audiovisual recordings featuring music or live concerts; pre-recorded tapes, cassettes, compact discs, films, and video cassettes featuring music and live musical performances; video recorders; prerecorded CD ROMS featuring music; downloadable music from the internet; games adapted for use with television receivers; computer game programs; computer software in the fields of music and animation; downloadable telephone ring tones; video cameras; cameras; photographic and cinematographic apparatus and instruments, namely, cameras, exposure meters, filters, flash units, projectors and slides; apparatus for recording, transmission, reproduction of sound or images; photographic transparencies, exposed camera film; batteries; encoded magnetic cards, magnetic identifying cards, magnetically encoded credit cards and debit cards; spectacles, spectacle cases, sunglasses; video game discs; mouse pads; screen savers being computer screen saver software; publications in electronic form, typically supplied on line from databases or from facilities provided on the Internet being downloadable electronic publications in the nature of books and magazines featuring music; hologram apparatus
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.

Filing Basis: Section 44(e), Based on Foreign Registration: For all applications: The applicant attaches a copy of [ European Union Trademark - EUTM registration number 008939399 registered 02/28/2010 with a renewal date of __________ and an expiration date of 02/02/2019 ], and translation thereof, if appropriate. 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. 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 on or 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 or services that meet the certification standards of the applicant.

Proposed:
Tracked Text Description: Sound recordings featuring music; visual recordings and audiovisual recordings featuring music or live concerts; pre-recorded tapes, cassettes, compact discs, films, and video cassettes featuring music and live musical performances; video recorders; prerecorded CD ROMS featuring music; downloadable music from the internet; games adapted for use with television receivers; computer game programs; computer software in the fields of music and animation; downloadable computer software in the fields of music and animation; downloadable telephone ring tones; video cameras; cameras; photographic and cinematographic apparatus and instruments, namely, cameras, exposure meters, filters, flash units, projectors and slides; apparatus for recording, transmission, reproduction of sound or images; photographic transparencies, exposed camera film; batteries; encoded magnetic cards, magnetic identifying cards, magnetically encoded credit cards and debit cards; encoded magnetic gift cards, magnetic identifying cards, magnetically encoded credit cards and debit cards; spectacles, spectacle cases, sunglasses; video game discs; mouse pads; screen savers being computer screen saver software; screen savers being downloadable computer screen saver software; publications in electronic form, typically supplied on line from databases or from facilities provided on the Internet being downloadable electronic publications in the nature of books and magazines featuring music; downloadable electronic publications, namely, books and magazines featuring music, typically supplied on line from databases or from facilities provided on the internet; hologram apparatusClass 009 for Sound recordings featuring music; visual recordings and audiovisual recordings featuring music or live concerts; pre-recorded tapes, cassettes, compact discs, films, and video cassettes featuring music and live musical performances; video recorders; prerecorded CD ROMS featuring music; downloadable music from the internet; games adapted for use with television receivers; computer game programs; downloadable computer software in the fields of music and animation; downloadable telephone ring tones; video cameras; cameras; photographic and cinematographic apparatus and instruments, namely, cameras, exposure meters, filters, flash units, projectors and slides; apparatus for recording, transmission, reproduction of sound or images; photographic transparencies, exposed camera film; batteries; encoded magnetic gift cards, magnetic identifying cards, magnetically encoded credit cards and debit cards; spectacles, spectacle cases, sunglasses; video game discs; mouse pads; screen savers being downloadable computer screen saver software; downloadable electronic publications, namely, books and magazines featuring music, typically supplied on line from databases or from facilities provided on the internet; hologram apparatus
Deleted Filing Basis: 1(b)
Filing Basis: Section 44(e), Based on Foreign Registration:For all applications: The applicant attaches a copy of [ European Union Trademark - EUTM registration number 008939399 registered 02/28/2010 with a renewal date of 02/01/2019 and an expiration date of 02/02/2029 ], and translation thereof, if appropriate. 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. 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 on or 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 or services that meet the certification standards of the applicant.
Original PDF file:
FRU0-708893204-135453222_._R1674584.PDF
Converted PDF file(s) ( 1 page)
Foreign Registration-1

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 035 for Retail apparel stores; on-line retail store services featuring a wide variety of consumer goods of others; mail order catalog services featuring clothing and music; on-line wholesale and retail store services featuring downloadable sound, music, image, video and game files; promoting the concerts of others; procurement, namely, purchasing tickets to entertainment events for others; operating online marketplaces for sellers and buyers of goods and services; providing an on-line computer database in the field of locating products, describing products, rating products, pricing products and comparing prices of products; negotiation of commercial transactions for performing artists; business management of performing artists; marketing services; advertising services; online advertising services; advertising services provided via the Internet; provision of advertising space on an Internet website; business advisory services in relation to the internet; price comparison services; promoting the goods and services of others by means of operating an on-line shopping mall with links to the retail web sites of others; provision of online auction services; provision of business information; business management services; business consultancy services; market research services; providing analyses and distribution of statistical, quantitative and qualitative information regarding internet websites and their usage; business information and administration services; on-line trading services; information, advisory and consultancy services, all relating to music or music concerts
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.

Filing Basis: Section 44(e), Based on Foreign Registration: For all applications: The applicant attaches a copy of [ European Union Trademark - EUTM registration number 008939399 registered 02/28/2010 with a renewal date of __________ and an expiration date of 02/02/2019 ], and translation thereof, if appropriate. 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. 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 on or 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 or services that meet the certification standards of the applicant.

Proposed:
Tracked Text Description: Retail apparel stores; on-line retail store services featuring a wide variety of consumer goods of others; mail order catalog services featuring clothing and music; on-line wholesale and retail store services featuring downloadable sound, music, image, video and game files; promoting the concerts of others; procurement, namely, purchasing tickets to entertainment events for others; operating online marketplaces for sellers and buyers of goods and services; providing an on-line computer database in the field of locating products, describing products, rating products, pricing products and comparing prices of products; negotiation of commercial transactions for performing artists; business management of performing artists; marketing services; advertising services; online advertising services; advertising services provided via the Internet; provision of advertising space on an Internet website; business advisory services in relation to the internet; price comparison services; promoting the goods and services of others by means of operating an on-line shopping mall with links to the retail web sites of others; provision of online auction services; provision of business information; business management services; business consultancy services; market research services; providing analyses and distribution of statistical, quantitative and qualitative information regarding internet websites and their usage; business information and administration services; on-line trading services; on-line trading services in which users post requests for products and negotiate transactions via the internet; information, advisory and consultancy services, all relating to music or music concertsClass 035 for Retail apparel stores; on-line retail store services featuring a wide variety of consumer goods of others; mail order catalog services featuring clothing and music; on-line wholesale and retail store services featuring downloadable sound, music, image, video and game files; promoting the concerts of others; procurement, namely, purchasing tickets to entertainment events for others; operating online marketplaces for sellers and buyers of goods and services; providing an on-line computer database in the field of locating products, describing products, rating products, pricing products and comparing prices of products; negotiation of commercial transactions for performing artists; business management of performing artists; marketing services; advertising services; online advertising services; advertising services provided via the Internet; provision of advertising space on an Internet website; business advisory services in relation to the internet; price comparison services; promoting the goods and services of others by means of operating an on-line shopping mall with links to the retail web sites of others; provision of online auction services; provision of business information; business management services; business consultancy services; market research services; providing analyses and distribution of statistical, quantitative and qualitative information regarding internet websites and their usage; business information and administration services; on-line trading services in which users post requests for products and negotiate transactions via the internet; information, advisory and consultancy services, all relating to music or music concerts
Deleted Filing Basis: 1(b)
Filing Basis: Section 44(e), Based on Foreign Registration:For all applications: The applicant attaches a copy of [ European Union Trademark - EUTM registration number 008939399 registered 02/28/2010 with a renewal date of 02/01/2019 and an expiration date of 02/02/2029 ], and translation thereof, if appropriate. 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. 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 on or 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 or services that meet the certification standards of the applicant.
Original PDF file:
FRU1-708893204-135453222_._R1674584.PDF
Converted PDF file(s) ( 1 page)
Foreign Registration-1

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 041 for Entertainment services, namely, digital video, audio, and multimedia publishing services; organisation of music festivals; organisation of music concerts; production of concert, musical and video performances; television and radio entertainment services; digital music and ring tones provided from the internet, namely, providing nondownloadable prerecorded music and ring tones provided from the internet; entertainment services featuring live stage production and cabaret; production of video and/or sound recordings; presentation, production and performance of shows, musical shows, concerts, videos, multimedia videos and radio and television programmes, sound recording and video entertainment services, namely, providing a website featuring non-downloadable music and concert videos; production and distribution of motion picture films; arranging and conducting of seminars, conferences and exhibitions in the field of music; publication of books, magazines and other texts; information, advisory and consultancy services, all relating to music
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.

Filing Basis: Section 44(e), Based on Foreign Registration: For all applications: The applicant attaches a copy of [ European Union Trademark - EUTM registration number 008939399 registered 02/28/2010 with a renewal date of __________ and an expiration date of 02/02/2019 ], and translation thereof, if appropriate. 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. 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 on or 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 or services that meet the certification standards of the applicant.

Proposed:
Tracked Text Description: Entertainment services, namely, digital video, audio, and multimedia publishing services; organisation of music festivals; organization of music festivals; organisation of music concerts; organization of music concerts; production of concert, musical and video performances; television and radio entertainment services; television and radio entertainment services in the field of music and entertainment; digital music and ring tones provided from the internet, namely, providing nondownloadable prerecorded music and ring tones provided from the internet; digital music and ring tones provided from the internet, namely, providing non-downloadable prerecorded music and ring tones provided from the internet; entertainment services featuring live stage production and cabaret; production of video and/or sound recordings; presentation, production and performance of shows, musical shows, concerts, videos, multimedia videos and radio and television programmes, sound recording and video entertainment services, namely, providing a website featuring non-downloadable music and concert videos; presentation, production and performance of shows, musical shows, concerts, videos, multimedia videos and radio and television programs, sound recording and video entertainment services, in the nature of providing a website featuring non-downloadable music and concert videos; production and distribution of motion picture films; arranging and conducting of seminars, conferences and exhibitions in the field of music; publication of books, magazines and other texts; information, advisory and consultancy services, all relating to music; information, advisory and consultancy services, all relating to music, musical selections and arrangements for sound recordings and live performancesClass 041 for Entertainment services, namely, digital video, audio, and multimedia publishing services; organization of music festivals; organization of music concerts; production of concert, musical and video performances; television and radio entertainment services in the field of music and entertainment; digital music and ring tones provided from the internet, namely, providing non-downloadable prerecorded music and ring tones provided from the internet; entertainment services featuring live stage production and cabaret; production of video and/or sound recordings; presentation, production and performance of shows, musical shows, concerts, videos, multimedia videos and radio and television programs, sound recording and video entertainment services, in the nature of providing a website featuring non-downloadable music and concert videos; production and distribution of motion picture films; arranging and conducting of seminars, conferences and exhibitions in the field of music; publication of books, magazines and other texts; information, advisory and consultancy services, all relating to music, musical selections and arrangements for sound recordings and live performances
Deleted Filing Basis: 1(b)
Filing Basis: Section 44(e), Based on Foreign Registration:For all applications: The applicant attaches a copy of [ European Union Trademark - EUTM registration number 008939399 registered 02/28/2010 with a renewal date of 02/01/2019 and an expiration date of 02/02/2029 ], and translation thereof, if appropriate. 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. 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 on or 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 or services that meet the certification standards of the applicant.
Original PDF file:
FRU2-708893204-135453222_._R1674584.PDF
Converted PDF file(s) ( 1 page)
Foreign Registration-1

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: /mdf/      Date: 06/17/2019
Signatory's Name: Michael D. Fishman
Signatory's Position: Attorney of Record
Signatory's Phone Number: 248-594-0630


Response Signature
Signature: /mdf/     Date: 06/17/2019
Signatory's Name: Michael D. Fishman
Signatory's Position: Attorney of Record

Signatory's Phone Number: 248-594-0630

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: 88151812
Internet Transmission Date: Mon Jun 17 16:34:40 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XX.XX.XXX-20190617163440529
597-88151812-620dedb452d899b2799f2d86a80
74efb8838d7a49a09e699cc463236975c575f6c-
N/A-N/A-20190604154154347169