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; 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
Original Filing Basis:
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; downloadable and recorded computer game programs; 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 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; downloadable and recorded 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
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, before the application may proceed to registration. 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.

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 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
Original Filing Basis:
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; providing analyses and distribution of statistical, quantitative and qualitative information regarding internet websites and their usage for business or commercial purposes; 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; information, advisory and consultancy services, all relating to promotion of 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 for business or commercial purposes; 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 promotion of music or music concerts
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, before the application may proceed to registration. 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.

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; 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
Original Filing Basis:
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; 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; television entertainment services in the nature of ongoing television programs in the field of entertainment news, musical performances, reality television programs; radio entertainment services, namely, providing music programming; 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 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 entertainment services in the nature of ongoing television programs in the field of entertainment news, musical performances, reality television programs; radio entertainment services, namely, providing music programming; 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
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, before the application may proceed to registration. 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.

The applicant's current attorney information: Michael D. Fishman. Michael D. Fishman of FISHMAN STEWART PLLC, is located at

      39533 WOODWARD AVENUE, SUITE 140
      BLOOMFIELD HILLS, Michigan 48304
      US
The docket/reference number is 66221-0284.

The phone number is 248-594-0630.

The fax number is 248-594-0610.

The email address is tmdocketing@fishstewip.com

The applicants proposed attorney information: Michael D. Fishman. Other appointed attorneys are Michelle L. Visser and all other attorneys associated with Customer No. 010291. Michael D. Fishman of FISHMAN STEWART PLLC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      800 Tower Drive, Suite 610
      Troy, Michigan 48098
      United States
The docket/reference number is 66221-0284.

The phone number is 248-594-0630.

The fax number is 248-594-0610.

The email address is tmdocketing@fishstewip.com

Michael D. Fishman submitted the following statement: The attorney of record is an active member in good standing of the bar of the highest court of a U.S. state, the District of Columbia, or any U.S. Commonwealth or territory.
The applicant's current correspondence information: MICHAEL D. FISHMAN. MICHAEL D. FISHMAN of FISHMAN STEWART PLLC, is located at

      39533 WOODWARD AVENUE, SUITE 140
      BLOOMFIELD HILLS, Michigan 48304
      US
The docket/reference number is 66221-0284.

The phone number is 248-594-0630.

The fax number is 248-594-0610.

The email address is tmdocketing@fishstewip.com

The applicants proposed correspondence information: Michael D. Fishman. Michael D. Fishman of FISHMAN STEWART PLLC, is located at

      800 Tower Drive, Suite 610
      Troy, Michigan 48098
      United States
The docket/reference number is 66221-0284.

The phone number is 248-594-0630.

The fax number is 248-594-0610.

The email address is tmdocketing@fishstewip.com

SIGNATURE(S)
Response Signature
Signature: /Michelle L. Visser/     Date: 01/27/2020
Signatory's Name: Michelle L. Visser
Signatory's Position: Attorney, Michigan bar member

Signatory's Phone Number: 248-594-0644

The signatory has confirmed that he/she is a U.S.-licensed attorney who is an active member in good standing of the bar of the highest court of a U.S. state (including the District of Columbia and any U.S. Commonwealth or territory); 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.-licensed attorney not currently associated with his/her company/firm previously represented the owner/holder in this matter: the owner/holder has revoked their power of attorney by a signed revocation or substitute power of attorney with the USPTO; the USPTO has granted that attorney's withdrawal request; the owner/holder has filed a power of attorney appointing him/her in this matter; or the owner's/holder's appointed U.S.-licensed attorney has filed a power of attorney appointing him/her as an associate attorney in this matter.

Mailing Address:    MICHAEL D. FISHMAN
   FISHMAN STEWART PLLC
   
   39533 WOODWARD AVENUE, SUITE 140
   BLOOMFIELD HILLS, Michigan 48304
Mailing Address:    Michael D. Fishman
   FISHMAN STEWART PLLC
   800 Tower Drive, Suite 610
   Troy, Michigan 48098
        
Serial Number: 88151812
Internet Transmission Date: Mon Jan 27 12:56:46 EST 2020
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.XX-202001271256462
33859-88151812-700986266a4ba41f92886c962
9f0d05ce864dcb22963fc8748dd88d3e2de-N/A-
N/A-20200127124550881375