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. 88208280 CLICKNCLEAR(Standard Characters, see http://uspto.report/TM/88208280/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 Entertainment services, namely, producing cheerleading, figure skating, dance, hip hop and gymnastics competitions and events; providing digital music from the Internet; providing digital music from the Internet; video recordings provided from the Internet; audio production; video production; sound production; music production; multimedia production; audio mixing services; video mixing services; music mixing services; sound mixing services; multimedia mixing services; entertainment services for matching users with audio and video recordings; entertainment services for sharing audio and video recordings; entertainment, namely, providing streamed or downloadable music, film or video to users online via a communication network; music library services; music recording services; sound recording services; music publishing services
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 [ United Kingdom registration number 3315993 registered 09/28/2018 with a renewal date of __________ and an expiration date of 09/28/2028 ], 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, producing cheerleading, figure skating, dance, hip hop and gymnastics competitions and events; providing digital music from the Internet; providing digital music from the Internet; video recordings provided from the Internet; audio production; video production; sound production; music production; multimedia production; audio mixing services; video mixing services; music mixing services; sound mixing services; multimedia mixing services; music library services; entertainment services for matching users with audio and video recordings; music recording services; entertainment services for sharing audio and video recordings; sound recording services; entertainment, namely, providing streamed or downloadable music, film or video to users online via a communication network; music publishing servicesClass 041 for Entertainment services, namely, producing cheerleading, figure skating, dance, hip hop and gymnastics competitions and events; providing digital music from the Internet; video recordings provided from the Internet; audio production; video production; sound production; music production; multimedia production; audio mixing services; video mixing services; music mixing services; sound mixing services; multimedia mixing services; music library services; music recording services; sound recording services; music publishing services
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 [ United Kingdom registration number 3315993 registered 09/28/2018 with a renewal date of __________ and an expiration date of 09/28/2028 ], 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 045 for Legal services; licensing of intellectual property rights; licensing of copyright and related rights; licensing services relating to performance rights; licensing services relating to music publishing; obtaining licences from rights-holders for others; granting of licences for intellectual property rights, performance rights and copyright; provision of licences in relation to sound recordings, music and lyrics for use at competitive sporting events, including, but not limited to, use to accompany cheerleading, figure skating, dance, hip hop and gymnastics performances; provision of mixing, remixing and editing licences in relation to sound recordings, music and lyrics for use at competitive sporting events, including, but not limited to, use to accompany cheerleading, figure skating, dance, hip hop and gymnastics performances; legal services relating to the management, control and granting of licence rights for others; legal services relating to the protection and exploitation of copyright for film, television, theatre and music productions; legal services relating to the exploitation of ancillary rights relating to film, television, video and music productions; providing legal information and legal advice for owners and users of intellectual property rights, copyright and related rights; advisory services relating to licensing; advisory services relating to intellectual property rights, copyright and related rights; advisory services relating to intellectual property rights licensing; management of intellectual property rights; management of copyright and related rights; management of licensing schemes for intellectual property rights, copyright and related rights; exploitation of intellectual property rights, copyright and related rights; exploitation of intellectual property rights, copyright and related rights by licensing; services for the exploitation of music rights
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 [ United Kingdom registration number 3315993 registered 09/28/2018 with a renewal date of __________ and an expiration date of 09/28/2028 ], 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: Legal services; licensing of intellectual property rights; licensing of copyright and related rights; licensing services relating to performance rights; licensing services relating to music publishing; obtaining licences from rights-holders for others; granting of licences for intellectual property rights, performance rights and copyright; provision of licences in relation to sound recordings, music and lyrics for use at competitive sporting events, including, but not limited to, use to accompany cheerleading, figure skating, dance, hip hop and gymnastics performances; provision of mixing, remixing and editing licences in relation to sound recordings, music and lyrics for use at competitive sporting events, including, but not limited to, use to accompany cheerleading, figure skating, dance, hip hop and gymnastics performances; legal services relating to the management, control and granting of licence rights for others; legal services relating to the protection and exploitation of copyright for film, television, theatre and music productions; legal services relating to the exploitation of ancillary rights relating to film, television, video and music productions; providing legal information and legal advice for owners and users of intellectual property rights, copyright and related rights; advisory services relating to licensing; advisory services relating to intellectual property rights, copyright and related rights; advisory services relating to intellectual property rights licensing; management of intellectual property rights; management of licensing schemes for intellectual property rights, copyright and related rights; management of copyright and related rights; exploitation of intellectual property rights, copyright and related rights; exploitation of intellectual property rights, copyright and related rights by licensing; legal services for the exploitation of music rights; services for the exploitation of music rightsClass 045 for Legal services; licensing of intellectual property rights; licensing of copyright and related rights; licensing services relating to performance rights; licensing services relating to music publishing; obtaining licences from rights-holders for others; granting of licences for intellectual property rights, performance rights and copyright; provision of licences in relation to sound recordings, music and lyrics for use at competitive sporting events, including, but not limited to, use to accompany cheerleading, figure skating, dance, hip hop and gymnastics performances; provision of mixing, remixing and editing licences in relation to sound recordings, music and lyrics for use at competitive sporting events, including, but not limited to, use to accompany cheerleading, figure skating, dance, hip hop and gymnastics performances; legal services relating to the management, control and granting of licence rights for others; legal services relating to the protection and exploitation of copyright for film, television, theatre and music productions; legal services relating to the exploitation of ancillary rights relating to film, television, video and music productions; providing legal information and legal advice for owners and users of intellectual property rights, copyright and related rights; advisory services relating to licensing; advisory services relating to intellectual property rights, copyright and related rights; advisory services relating to intellectual property rights licensing; management of licensing schemes for intellectual property rights, copyright and related rights; exploitation of intellectual property rights, copyright and related rights; exploitation of intellectual property rights, copyright and related rights by licensing; legal services for the exploitation of music rights
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 [ United Kingdom registration number 3315993 registered 09/28/2018 with a renewal date of __________ and an expiration date of 09/28/2028 ], 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.

SIGNATURE(S)
Response Signature
Signature: /Steven Abreu/     Date: 07/02/2019
Signatory's Name: Steven A. Abreu
Signatory's Position: Attorney of record, MA bar member

Signatory's Phone Number: 6174439292

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: 88208280
Internet Transmission Date: Tue Jul 02 11:51:42 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XX.XX.XX-201907021151423555
93-88208280-620191c1f787c9aa90cd281a3aff
cd2e7abd39ea97c087a84cc21231f8fc76e279-N
/A-N/A-20190702114421446326