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. 88197584 ATOM(Standard Characters, see ) has been amended as follows:

ARGUMENT(S)
In response to the substantive refusal(s), please note the following:

Prior –Filed Application:

Application Serial No. 87897242 should be abandoned in due course for failure to respond to an Office Action.

The Examining Attorney cites Application Serial No. 87897242 as a potential bar to the instant application. This cited application should be abandoned in due course as the Applicant did not timely respond to an outstanding Office Action. Applicant herein requests that the Examining Attorney withdraw this potential refusal as being moot.

 

Having responded to each of the Examining Attorney’s concerns, Applicant believes that the application is now in condition for allowance and respectfully solicits such action at an early date.  If a telephone interview will advance the allowance of the application, enabling an Examiner’s amendment or other meaningful discussion of the case, Applicant requests the Examining Attorney contact Applicant’s representative at the number listed below.

 

It is not believed that any additional fees are due; however, in the event any additional fees are due, the Examining Attorney is authorized to charge Applicant’s attorney's deposit account no. 03-2030.

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 009 for downloadable software for music synthesis
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: downloadable software for music synthesis; Downloadable software for music synthesis being downloadable software for arranging and producing musicClass 009 for Downloadable software for music synthesis being downloadable software for arranging and producing music
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.

SIGNATURE(S)
Response Signature
Signature: /DanielMCislo/     Date: 03/07/2019
Signatory's Name: Daniel M. Cislo
Signatory's Position: Attorney of Record, California Bar Member

Signatory's Phone Number: 310-979-9190

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: 88197584
Internet Transmission Date: Thu Mar 07 13:09:59 EST 2019
TEAS Stamp: USPTO/ROA-X.X.XXX.XX-2019030713095911676
8-88197584-620556fad2e419c39e6818e1a84a3
c4aaa2a6f8fc7cbf832ca6643359d8df830-N/A-
N/A-20190307130855853162