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. 88280492 MONOPOLY(Standard Characters, see http://uspto.report/TM/88280492/mark.png) has been amended as follows:

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

Inquiries to Which the Applicant Must Respond

• Are/will applicant’s products provide both monophonic and polyphonic voice synthesis? Please explain in detail.

  • Yes, the products will be both monophonic and polyphonic synth

     

• Does/will the applied-for mark feature the words “MONO” and “POLY” differentiated in any way, for example by typeface, design or any separating physical space when presented in connection with the applied-for goods? Please explain in detail and provide examples if they exist.

  • The prefix MONO and the suffix POLY are expected to be in the same font, typeface, and design and together as a single word MONOPOLY. No examples of proposed branding are available at this time.

 

If questions remain, the Examining Attorney is invited to contact Applicant's counsel, E. Russell Tarleton, by email at USTM.docketing@seedip.com or by telephone at (206) 622-4900.

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 015 for Music synthesizers, electronic audio modification equipment, digital sound processors, apparatus for electronic processing of sound, and synthesizers
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: Music synthesizers, electronic audio modification equipment, digital sound processors, apparatus for electronic processing of sound, and synthesizers; Music synthesizers; Modular music synthesizer instruments, namely, electronic audio modification equipment, digital sound processors, apparatus for electronic processing of sound, and synthesizersClass 015 for Music synthesizers; Modular music synthesizer instruments, namely, electronic audio modification equipment, digital sound processors, apparatus for electronic processing of sound, and synthesizers
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: E. Russell Tarleton. E. Russell Tarleton of SEED IP LAW GROUP LLP, is located at

      SUITE 5400
      701 FIFTH AVENUE
      SEATTLE, Washington 98104
      US
The docket/reference number is 790106.208.

The phone number is 206-622-4900.

The fax number is 206-682-6031.

The email address is USTM.docketing@seedip.com

The applicants proposed attorney information: E. Russell Tarleton. E. Russell Tarleton of SEED IP LAW GROUP LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      SUITE 5400
      701 FIFTH AVENUE
      SEATTLE, Washington 98104
      United States
The docket/reference number is 790106.208.

The phone number is 206-622-4900.

The fax number is 206-682-6031.

The email address is USTM.docketing@seedip.com

E. Russell Tarleton 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: E. RUSSELL TARLETON. E. RUSSELL TARLETON of SEED IP LAW GROUP LLP, is located at

      SUITE 5400
      701 FIFTH AVENUE
      SEATTLE, Washington 98104
      US
The docket/reference number is 790106.208.

The phone number is 206-622-4900.

The fax number is 206-682-6031.

The email address is USTM.docketing@seedip.com

The applicants proposed correspondence information: E. Russell Tarleton. E. Russell Tarleton of SEED IP LAW GROUP LLP, is located at

      SUITE 5400
      701 FIFTH AVENUE
      SEATTLE, Washington 98104
      United States
The docket/reference number is 790106.208.

The phone number is 206-622-4900.

The fax number is 206-682-6031.

The email address is USTM.docketing@seedip.com

SIGNATURE(S)
Response Signature
Signature: /E. Russell Tarleton/     Date: 09/19/2019
Signatory's Name: E. Russell Tarleton
Signatory's Position: Attorney for Applicant, Washington State Bar Member

Signatory's Phone Number: 206-622-4900

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:    E. RUSSELL TARLETON
   SEED IP LAW GROUP LLP
   SUITE 5400
   701 FIFTH AVENUE
   SEATTLE, Washington 98104
Mailing Address:    E. Russell Tarleton
   SEED IP LAW GROUP LLP
   SUITE 5400
   701 FIFTH AVENUE
   SEATTLE, Washington 98104
        
Serial Number: 88280492
Internet Transmission Date: Thu Sep 19 15:39:49 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XXX-201909191539495
25869-88280492-6106df2dba26ad7f7a174e97c
b4e93bfeadab437d4463cae2cf3a4b8de445ec-N
/A-N/A-20190919151947821781