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. 88222605 MILAN (Stylized and/or with Design, see http://uspto.report/TM/88222605/mark.png) has been amended as follows:

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

                                                                                                   RESPONSE TO PRIORITY ACTION

 

This Response is submitted by Milan Entertainment, Inc. (“Applicant”), through its undersigned counsel, in response to the Priority Action that issued March 17, 2019 in connection with the above-referenced application.

 

                                                                                                                      REMARKS 

Applicant confirms that Applicant’s goods are not manufactured, packaged , shipped from, sold in or have any connections with the geographic location named in the mark, specifically Milan, Italy.

 

As requested, applicant provides the following information and confirms that:

1) The wording in the mark “MILAN” has no meaning or significance in the trade or industry in which the Applicant’s goods are manufactured or provided and has no meaning or significance as applied to Applicant’s goods and such wording is not a term of art within the music industry.
(Applicant adopted the wording “MILAN” in the mark to fill certain criteria, namely, a word that was easy to remember, easy to pronounce, was two syllables and was pronounced identically worldwide).

2) Applicant does not conduct business in Milan, Italy.

3) There is no connection between the Applicant and Milan, Italy.

Applicant respectfully submits that the requirement for a disclaimer of the wording MILAN because the wording is primarily geographically descriptive is now moot since Applicant has no connection with Milan, Italy. Accordingly, it is respectfully requested that this application be passed to publication without a disclaimer of the wording MILAN.

SIGNATURE(S)
Response Signature
Signature: /Bela Amladi/     Date: 04/17/2019
Signatory's Name: Bela Amladi
Signatory's Position: Attorney of Record, NY bar member, Proskauer Rose LLP

Signatory's Phone Number: 212-969-3000

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: 88222605
Internet Transmission Date: Wed Apr 17 13:17:48 EDT 2019
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.XX-201904171317485
02957-88222605-6207d533f614eb5768c1742eb
dd378a83b6d8b13663e3186e9dcba67efbd2c7dc
5b-N/A-N/A-20190417125632179420