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:

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; 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. 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:
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; 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 02/02/2019 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.
Original PDF file:
FRU0-21623410986-16504944 0_._R1733286.PDF
Converted PDF file(s) ( 1 page) Foreign Registration-1

Applicant proposes to amend the following:

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 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. 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:
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 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 02/01/2019 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.
Original PDF file:
FRU1-21623410986-16504944 0_._R1733286.PDF
Converted PDF file(s) ( 1 page) Foreign Registration-1

Applicant proposes to amend the following:

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 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. 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:
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 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 02/01/2019 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.
Original PDF file:
FRU2-21623410986-16504944 0_._R1733286.PDF
Converted PDF file(s) ( 1 page) Foreign Registration-1

OWNER AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: Twin Peaks Festivals Limited a(n) private limited company, legally organized under the laws of United Kingdom, having an address of
      4th Floor, 100 Grays Inn Road
      LONDON, WC1X8AL
      United Kingdom

Proposed: Twin Peaks Festivals Limited, private limited company legally organized under the laws of United Kingdom, having an address of
      4th Floor, 100 Grays Inn Road
      LONDON, WC1X8AL
      United Kingdom
      Email Address: XXXX
Correspondence Information (current):
      Michael D. Fishman
      PRIMARY EMAIL FOR CORRESPONDENCE: tmdocketing@fishstewip.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

The docket/reference number is 66221-0284.
Correspondence Information (proposed):
      Michael D. Fishman
      PRIMARY EMAIL FOR CORRESPONDENCE: tmdocketing@fishstewip.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

The docket/reference number is 66221-0284.

Requirement for Email and Electronic Filing: I understand that a valid email address must be maintained by the owner/holder and the owner's/holder's attorney, if appointed, and that all official trademark correspondence must be submitted via the Trademark Electronic Application System (TEAS).

SIGNATURE(S)
Response Signature
Signature: /mdf/     Date: 03/04/2020
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 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
   
   800 Tower Drive, Suite 610
   Troy, Michigan 48098
Mailing Address:    Michael D. Fishman
   FISHMAN STEWART PLLC
   800 Tower Drive, Suite 610
   Troy, Michigan 48098
        
Serial Number: 88151812
Internet Transmission Date: Thu Mar 05 14:22:57 ET 2020
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.XX-202003051422573
54719-88151812-71036a519e7217ed5a8191bcb
eda67bb6394b49fe91dbd8d5e88ea85d571d51c2
9-N/A-N/A-20200228165049440719