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
The table below presents the data as entered.
Input Field
|
Entered
|
SERIAL NUMBER |
88216542 |
LAW OFFICE ASSIGNED |
LAW OFFICE 114 |
MARK SECTION |
MARK |
http://uspto.report/TM/88216542/mark.png |
LITERAL ELEMENT |
GUST |
STANDARD CHARACTERS |
YES |
USPTO-GENERATED IMAGE |
YES |
MARK STATEMENT |
The mark consists of standard characters, without claim to any particular font style, size or color. |
GOODS AND/OR SERVICES SECTION (041)(current) |
INTERNATIONAL CLASS |
041 |
DESCRIPTION |
Non-downloadable and downloadable film, short film, story, text, audiovisual content, and audio content production and distribution;
entertainment services in the nature of ongoing audio-visual content and stories provided via online and mobile application transmission over wired and wireless networks in the fields of education,
entertainment, and general interest |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (041)(proposed) |
INTERNATIONAL CLASS |
041 |
TRACKED TEXT DESCRIPTION |
Non-downloadable and downloadable film, short film, story, text, audiovisual content, and audio content
production and distribution; Provision of non-downloadable pictures, sound recordings, films, and short films via a video-on-demand service; entertainment services in the nature of ongoing audio-visual content and stories provided via online and mobile application transmission over wired and wireless networks in the
fields of education, entertainment, and general interest; production and distribution of audio visual content and audio content, namely pictures, sound
recordings, films, and short films; entertainment services in the nature of providing user-generated audio-visual recordings, stories, pictures, sound
recordings, and short films in the fields of education, entertainment and general interest provided via online and mobile application transmission over wired and wireless network |
FINAL DESCRIPTION |
Provision of non-downloadable pictures, sound recordings, films, and short films via a video-on-demand service; production and
distribution of audio visual content and audio content, namely pictures, sound recordings, films, and short films; entertainment services in the nature of providing user-generated audio-visual
recordings, stories, pictures, sound recordings, and short films in the fields of education, entertainment and general interest provided via online and mobile application transmission over wired and
wireless network |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (042)(current) |
INTERNATIONAL CLASS |
042 |
DESCRIPTION |
Provision of non-downloadable software via mobile phone application to distribute to customers non-downloadable and downloadable films,
short films, stories, text, audiovisual content, and audio content in the field of education, entertainment, and general interest |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (042)(proposed) |
INTERNATIONAL CLASS |
042 |
TRACKED TEXT DESCRIPTION |
Provision of non-downloadable software via mobile phone application to distribute to customers
non-downloadable and downloadable films, short films, stories, text, audiovisual content, and audio content in the field of education, entertainment, and general interest; Provision of temporary use of non-downloadable software via mobile phone application for distributing to customers non-downloadable and downloadable films, short films, stories, text,
audiovisual content, and audio content in the field of education, entertainment, and general interest |
FINAL DESCRIPTION |
Provision of temporary use of non-downloadable software via mobile phone application for distributing to customers non-downloadable and
downloadable films, short films, stories, text, audiovisual content, and audio content in the field of education, entertainment, and general interest |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (009)(class added) |
INTERNATIONAL CLASS |
009 |
DESCRIPTION |
Downloadable pictures, sound recordings, films, and short films featuring user-generated audio-visual recordings, stories, pictures,
sound recordings, and short films in the fields of education, entertainment and general interest provided via a video-on-demand service; downloadable multi-media files containing text relating to
user-generated audio-visual recordings, stories, pictures, sound recordings, and short films in the fields of education, entertainment and general interest |
FILING BASIS |
Section 1(b) |
PAYMENT SECTION |
NUMBER OF CLASSES |
1 |
APPLICATION FOR REGISTRATION PER CLASS |
275 |
TOTAL FEES DUE |
275 |
SIGNATURE SECTION |
DECLARATION SIGNATURE |
/Aaron Riedel/ |
SIGNATORY'S NAME |
Aaron Riedel |
SIGNATORY'S POSITION |
Attorney of Record, New York bar member |
DATE SIGNED |
05/28/2019 |
RESPONSE SIGNATURE |
/Aaron Riedel/ |
SIGNATORY'S NAME |
Aaron Riedel |
SIGNATORY'S POSITION |
Attorney of Record, New York bar member |
DATE SIGNED |
05/28/2019 |
AUTHORIZED SIGNATORY |
YES |
FILING INFORMATION SECTION |
SUBMIT DATE |
Tue May 28 10:23:50 EDT 2019 |
TEAS STAMP |
USPTO/ROA-XX.XXX.XX.XXX-2
0190528102350671615-88216
542-62072fd599eca73cd4daa
87abcfd58d61db88171fd8673
df3eefa33977dc7ed71-CC-17
421-20190528101421682980 |
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.
88216542 GUST(Standard Characters, see http://uspto.report/TM/88216542/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 Non-downloadable and downloadable film, short film, story, text, audiovisual content, and audio content production and distribution; entertainment services in the nature
of ongoing audio-visual content and stories provided via online and mobile application transmission over wired and wireless networks in the fields of education, entertainment, and general
interest
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: Non-downloadable and downloadable film, short film, story, text, audiovisual content, and audio content production and
distribution;
Provision of non-downloadable pictures, sound recordings, films, and short films via a video-on-demand service;
entertainment services in the nature of ongoing audio-visual content and stories provided via online and mobile application transmission over wired and wireless networks in the fields of
education, entertainment, and general interest;
production and distribution of audio visual content and audio content, namely pictures, sound recordings, films,
and short films;
entertainment services in the nature of providing user-generated audio-visual recordings, stories, pictures, sound recordings, and short films
in the fields of education, entertainment and general interest provided via online and mobile application transmission over wired and wireless networkClass 041 for Provision of non-downloadable
pictures, sound recordings, films, and short films via a video-on-demand service; production and distribution of audio visual content and audio content, namely pictures, sound recordings, films, and
short films; entertainment services in the nature of providing user-generated audio-visual recordings, stories, pictures, sound recordings, and short films in the fields of education, entertainment
and general interest provided via online and mobile application transmission over wired and wireless network
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.
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 042 for Provision of non-downloadable software via mobile phone application to distribute to customers non-downloadable and downloadable films, short films, stories, text,
audiovisual content, and audio content in the field of education, entertainment, and general interest
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: Provision of non-downloadable software via mobile phone application to distribute to customers non-downloadable and downloadable films,
short films, stories, text, audiovisual content, and audio content in the field of education, entertainment, and general interest;
Provision of temporary use of
non-downloadable software via mobile phone application for distributing to customers non-downloadable and downloadable films, short films, stories, text, audiovisual content, and audio content in the
field of education, entertainment, and general interestClass 042 for Provision of temporary use of non-downloadable software via mobile phone application for distributing to customers
non-downloadable and downloadable films, short films, stories, text, audiovisual content, and audio content in the field of education, entertainment, and general interest
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.
Applicant hereby adds the following class of goods/services to the application:
New: Class 009 for Downloadable pictures, sound recordings, films, and short films featuring user-generated audio-visual recordings, stories, pictures, sound recordings, and short films in the
fields of education, entertainment and general interest provided via a video-on-demand service; downloadable multi-media files containing text relating to user-generated audio-visual recordings,
stories, pictures, sound recordings, and short films in the fields of education, entertainment and general interest
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.
FEE(S)
Fee(s) in the amount of $275 is being submitted.
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: /Aaron Riedel/ Date: 05/28/2019
Signatory's Name: Aaron Riedel
Signatory's Position: Attorney of Record, New York bar member
Response Signature
Signature: /Aaron Riedel/ Date: 05/28/2019
Signatory's Name: Aaron Riedel
Signatory's Position: Attorney of Record, New York bar member
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.
RAM Sale Number: 88216542
RAM Accounting Date: 05/28/2019
Serial Number: 88216542
Internet Transmission Date: Tue May 28 10:23:50 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XXX.XX.XXX-2019052810235067
1615-88216542-62072fd599eca73cd4daa87abc
fd58d61db88171fd8673df3eefa33977dc7ed71-
CC-17421-20190528101421682980