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. 88258588 PYTHON(Standard Characters, see http://uspto.report/TM/88258588/mark.png) has been amended as follows:

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

RESPONSE

Amendment of Identification of Goods

Please delete the original Class 009 goods and insert in its place a new identification of goods in Class 009 as follows:

‑‑Carrying cases specially adapted for music-related electronic equipment, namely, cases for audio tuners, audio receivers, amplifiers, tape players, compact disc players, MP3 controllers/players, audio mixers, audio speakers in the nature of music studio monitors, microphones, audio speakers, compact discs, audio tapes, portable computers, antennas, phonographic record players, audio recording equipment, ANALOG and DIGITAL SOUND MODIFYING AND EHHANCING EQUIPMENT, PEDAL BOARDS, and the cables associated with all of the foregoing equipment, in Class 009.--

Please delete the goods in Class 013.

Please delete the original Class 015 goods and insert in its place a new identification of goods in Class 015 as follows:

  --CASES AND CONTAINERS FOR MUSICAL INSTRUMENTS; CASES AND CONTAINERS FOR MUSICAL INSTRUMENT ACCESSORIES, NAMELY, STORAGE CASES, CARRYING BAGS, AND STORAGE BAGS.

Please delete the goods in Class 028.

REMARKS

This is in response to the Office Action mailed March 26, 2019.  Reconsideration and allowance of the present application is respectfully requested in view of the amendments and comments provided herein. 

Likelihood of Confusion

The Examining Attorney has refused registration of the goods identified in Class 013, contending that there is a likelihood of confusion with the mark in U.S. Reg. No. 0795431.  Merely in order to expedite prosecution and move the application to publication, Applicant has deleted the Class 013 goods from the application.

Prior-Filed Applications

The Examining Attorney has also noted five pending applications (U.S. Application Serial Nos. 87718585, 87819919, 87819936, 87819949, and 87819963), which precede Applicant’s filing date and may present a likelihood of confusion issue.  Although Applicant disagrees that confusion may be likely, Applicant has deleted the Class 028 goods from the application in order to expedite prosecution and move the application to publication.

Objection to the Identification of Goods

The Examining Attorney has indicated that Applicant's Identification of Goods is indefinite and must be clarified.  Applicant has therefore deleted its present identifications for Classes 009 and 015 and has substituted the identification of goods in line with examples found in the USPTO’s ID Manual.  It is now believed that the identification of goods for Classes 009 and 015 are proper, and the Examining Attorney's objections should be withdrawn.  Should the Examining Attorney have any further objections to the Identification of Goods, Applicant respectfully requests that he contact Applicant’s undersigned counsel prior to issuing a further Office Action.

Conclusion

No fee is deemed necessary for this response.  However, if the Examining Attorney believes a fee is appropriate, he is authorized to charge Deposit Account No. 12-1095.

If the Examining Attorney has any questions concerning this matter, he is encouraged to contact Applicant's counsel by telephone.

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant hereby deletes the following class of goods/services from the application.
Class 013 for CARRYING CASES AND CONTAINERS ESPECIALLY ADAPTED FOR FIREARMS AND AMMUNITION

Applicant hereby deletes the following class of goods/services from the application.
Class 028 for CASES AND CONTAINERS SPECIALLY ADAPTED FOR ARCHERY EQUIPMENT; ARCHERY BOW CASES AND CONTAINERS; CASES AND CONTAINERS SPECIALLY ADAPTED FOR HUNTING AND CAMPING EQUIPMENT

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 009 for CARRYING CASES SPECIALLY ADAPTED FOR MUSIC-RELATED ELECTRONIC EQUIPMENT
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: CARRYING CASES SPECIALLY ADAPTED FOR MUSIC-RELATED ELECTRONIC EQUIPMENT; CARRYING CASES SPECIALLY ADAPTED FOR MUSIC-RELATED ELECTRONIC EQUIPMENT, NAMELY, CASES FOR AUDIO TUNERS, AUDIO RECEIVERS, AMPLIFIERS, TAPE PLAYERS, COMPACT DISC PLAYERS, MP3 CONTROLLERS/PLAYERS, AUDIO MIXERS, AUDIO SPEAKERS IN THE NATURE OF MUSIC STUDIO MONITORS, MICROPHONES, AUDIO SPEAKERS, COMPACT DISCS, AUDIO TAPES, PORTABLE COMPUTERS, ANTENNAS, PHONOGRAPHIC RECORD PLAYERS, AUDIO RECORDING EQUIPMENT, ANALOG AND DIGITAL SOUND MODIFYING AND EHHANCING EQUIPMENT, PEDAL BOARDS, AND THE CABLES ASSOCIATED WITH ALL OF THE FOREGOING EQUIPMENTClass 009 for CARRYING CASES SPECIALLY ADAPTED FOR MUSIC-RELATED ELECTRONIC EQUIPMENT, NAMELY, CASES FOR AUDIO TUNERS, AUDIO RECEIVERS, AMPLIFIERS, TAPE PLAYERS, COMPACT DISC PLAYERS, MP3 CONTROLLERS/PLAYERS, AUDIO MIXERS, AUDIO SPEAKERS IN THE NATURE OF MUSIC STUDIO MONITORS, MICROPHONES, AUDIO SPEAKERS, COMPACT DISCS, AUDIO TAPES, PORTABLE COMPUTERS, ANTENNAS, PHONOGRAPHIC RECORD PLAYERS, AUDIO RECORDING EQUIPMENT, ANALOG AND DIGITAL SOUND MODIFYING AND EHHANCING EQUIPMENT, PEDAL BOARDS, AND THE CABLES ASSOCIATED WITH ALL OF THE FOREGOING EQUIPMENT
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 015 for CASES AND CONTAINERS FOR MUSICAL INSTRUMENTS; CASES AND CONTAINERS FOR MUSICAL INSTRUMENT ACCESSORIES
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: CASES AND CONTAINERS FOR MUSICAL INSTRUMENTS; CASES AND CONTAINERS FOR MUSICAL INSTRUMENT ACCESSORIES; CASES AND CONTAINERS FOR MUSICAL INSTRUMENT ACCESSORIES, NAMELY, STORAGE CASES, CARRYING BAGS, AND STORAGE BAGSClass 015 for CASES AND CONTAINERS FOR MUSICAL INSTRUMENTS; CASES AND CONTAINERS FOR MUSICAL INSTRUMENT ACCESSORIES, NAMELY, STORAGE CASES, CARRYING BAGS, AND STORAGE BAGS
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: /Thomas M. Palisi/     Date: 06/20/2019
Signatory's Name: THOMAS M. PALISI
Signatory's Position: ATTORNEY OF RECORD, NJ BAR MEMBER

Signatory's Phone Number: 908-654-5000

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: 88258588
Internet Transmission Date: Thu Jun 20 15:03:24 EDT 2019
TEAS Stamp: USPTO/ROA-XXX.XXX.XX.XXX-201906201503243
30735-88258588-6207b8f28ae7de5dfe377ff4e
ffec41c5c746fb29151e92562ded4bbeabcc4b-N
/A-N/A-20190620101346007030