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)

---

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. 88232096 D (Stylized and/or with Design, see http://uspto.report/TM/88232096/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 009 for DVDs, all featuring television programming in the subject area of general human interest; digital media, namely, downloadable prerecorded video clips, prerecorded audio clips, text and graphics held in electronic personal computers and handheld wireless devices, all featuring subjects of general human interest; downloadable audio, video and audiovisual content provided via computer and communications networks featuring television programming in the subject area of general human interest; computer software for use in processing, transmitting, receiving, organizing, manipulating, playing, reviewing, reproducing and streaming audio, video and multimedia content including text, data, image, audio, video and audiovisual files all featuring television programming in the subject area of general human interest; computer software for controlling the operation of audio and video devices and for viewing, searching and/or playing audio, video, digital images, and other multimedia content; computer software for interactive entertainment, which allows users to customize the viewing, listening, and playing experience by selecting and arranging the display and performance of audio, video and audiovisual elements; downloadable software for mobile devices
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: DVDs, all featuring television programming in the subject area of general human interest; digital media, namely, downloadable prerecorded video clips, prerecorded audio clips, text and graphics held in electronic personal computers and handheld wireless devices, all featuring subjects of general human interest; downloadable audio, video and audiovisual content provided via computer and communications networks featuring television programming in the subject area of general human interest; computer software for use in processing, transmitting, receiving, organizing, manipulating, playing, reviewing, reproducing and streaming audio, video and multimedia content including text, data, image, audio, video and audiovisual files all featuring television programming in the subject area of general human interest; computer software for controlling the operation of audio and video devices and for viewing, searching and/or playing audio, video, digital images, and other multimedia content; computer software for controlling the operation of audio and video devices and for viewing, searching and playing audio, video, digital images, and other multimedia content; computer software for interactive entertainment, which allows users to customize the viewing, listening, and playing experience by selecting and arranging the display and performance of audio, video and audiovisual elements; downloadable software for mobile devices; downloadable software for mobile devices, namely, software for viewing, searching and playing audio, video, digital images, and other multimedia contentClass 009 for DVDs, all featuring television programming in the subject area of general human interest; digital media, namely, downloadable prerecorded video clips, prerecorded audio clips, text and graphics held in electronic personal computers and handheld wireless devices, all featuring subjects of general human interest; downloadable audio, video and audiovisual content provided via computer and communications networks featuring television programming in the subject area of general human interest; computer software for use in processing, transmitting, receiving, organizing, manipulating, playing, reviewing, reproducing and streaming audio, video and multimedia content including text, data, image, audio, video and audiovisual files all featuring television programming in the subject area of general human interest; computer software for controlling the operation of audio and video devices and for viewing, searching and playing audio, video, digital images, and other multimedia content; computer software for interactive entertainment, which allows users to customize the viewing, listening, and playing experience by selecting and arranging the display and performance of audio, video and audiovisual elements; downloadable software for mobile devices, namely, software for viewing, searching and playing audio, video, digital images, and other multimedia content
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 041 for Entertainment services, namely, multimedia television programs in the field of general human interest provided via various platforms across multiple forms of transmission media; providing entertainment information regarding ongoing television programs and a television network via a global computer network; providing ongoing television programs in the field of general human interest; production of television programs; over the top (OTT) television entertainment programming in the field of general human interest; entertainment services in the nature of providing television programs, clips, graphics and information relating to television programs in the field of general human interest, via the internet, electronic communications networks, computer networks and wireless communications networks
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: Entertainment services, namely, multimedia television programs in the field of general human interest provided via various platforms across multiple forms of transmission media; Entertainment services, namely, providing ongoing multimedia television programs in the field of general human interest provided via various platforms across multiple forms of transmission media; providing entertainment information regarding ongoing television programs and a television network via a global computer network; providing ongoing television programs in the field of general human interest; production of television programs; over the top (OTT) television entertainment programming in the field of general human interest; over-the-top (OTT) television entertainment programming in the field of general human interest, namely, ongoing television programs in the field of general human interest provided as streaming media over the internet; entertainment services in the nature of providing television programs, clips, graphics and information relating to television programs in the field of general human interest, via the internet, electronic communications networks, computer networks and wireless communications networks; entertainment services in the nature of providing ongoing television programs, non-downloadable clips, non-downloadable graphics and entertainment information relating to television programs in the field of general human interest, via the internet, electronic communications networks, computer networks and wireless communications networksClass 041 for Entertainment services, namely, providing ongoing multimedia television programs in the field of general human interest provided via various platforms across multiple forms of transmission media; providing entertainment information regarding ongoing television programs and a television network via a global computer network; providing ongoing television programs in the field of general human interest; production of television programs; over-the-top (OTT) television entertainment programming in the field of general human interest, namely, ongoing television programs in the field of general human interest provided as streaming media over the internet; entertainment services in the nature of providing ongoing television programs, non-downloadable clips, non-downloadable graphics and entertainment information relating to television programs in the field of general human interest, via the internet, electronic communications networks, computer networks and wireless communications networks
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.

The applicant's current attorney information: Anthony V. Lupo. Anthony V. Lupo of ARENT FOX LLP, is located at

      1717 K STREET, NW
      WASHINGTON, District of Columbia 20006
      US
The docket/reference number is 039351.TBA.

The phone number is 202-857-6000.

The fax number is 2028576395.

The email address is tmdocket@arentfox.com

The applicants proposed attorney information: Anthony V. Lupo. Anthony V. Lupo of ARENT FOX LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      1717 K STREET, NW
      WASHINGTON, District of Columbia 20006
      United States
The docket/reference number is 039351.13365.

The phone number is 202-857-6000.

The fax number is 2028576395.

The email address is tmdocket@arentfox.com

Anthony V. Lupo submitted the following statement: The attorney of record is an active member in good standing of the bar of the highest court of a U.S. state, the District of Columbia, or any U.S. Commonwealth or territory.
The applicant's current correspondence information: ANTHONY V. LUPO. ANTHONY V. LUPO of ARENT FOX LLP, is located at

      1717 K STREET, NW
      WASHINGTON, District of Columbia 20006
      US
The docket/reference number is 039351.TBA.

The phone number is 202-857-6000.

The fax number is 2028576395.

The email address is tmdocket@arentfox.com

The applicants proposed correspondence information: Anthony V. Lupo. Anthony V. Lupo of ARENT FOX LLP, is located at

      1717 K STREET, NW
      WASHINGTON, District of Columbia 20006
      United States
The docket/reference number is 039351.13365.

The phone number is 202-857-6000.

The fax number is 2028576395.

The email address is tmdocket@arentfox.com

SIGNATURE(S)
Declaration Signature
Original PDF file:
HS_20447535-151725694_._D___Globe_Logo__2019__-_executed_dec.pdf
Converted PDF file(s) (1 page)
Signature File1
Signatory's Name: David S. Modzeleski
Signatory's Position: Senior Vice President, Intellectual Property and Litigation
Signatory's Phone Number: 2028576000


Response Signature
Signature: /Zarui A. Kocharyan/     Date: 09/06/2019
Signatory's Name: Zarui A. Kocharyan
Signatory's Position: Attorney of record, DC Bar Member

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:    ANTHONY V. LUPO
   ARENT FOX LLP
   
   1717 K STREET, NW
   WASHINGTON, District of Columbia 20006
Mailing Address:    Anthony V. Lupo
   ARENT FOX LLP
   1717 K STREET, NW
   WASHINGTON, District of Columbia 20006
        
Serial Number: 88232096
Internet Transmission Date: Fri Sep 06 15:21:39 EDT 2019
TEAS Stamp: USPTO/ROA-XXX.X.XX.XX-201909061521397082
98-88232096-610601a2c5bb9e1118d5f8e46099
67cad782b3c9e11758bc40ff6feb279619a936-N
/A-N/A-20190905151725694207