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. 88281273 FLOW MACHINES (Stylized and/or with Design, see http://uspto.report/TM/88281273/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 Sound recorded magnetic cards, sheets and tapes; compact discs; downloadable music files; phonograph records; recorded video discs and video tapes; electronic sheet music, downloadable; electronic publications; computer video game programs; electronic circuits and CD-ROMs recorded with programs for hand-held games with liquid crystal displays; ;computer software with artificial intelligence; Music-composition software; computer software for processing digital music files; computer programs for data processing; computer software for creating and editing music and sounds; computers; computer memory drives; computer peripheral devices; computer operating programs recorded; computer software, recorded; computer software; telecommunication machines and apparatus
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: Sound recorded magnetic cards, sheets and tapes; compact discs; compact discs featuring music; downloadable music files; phonograph records; recorded video discs and video tapes; r recorded video discs featuring music and recorded video tapes featuring music; electronic sheet music, downloadable; electronic publications; downloadable electronic publications in the nature of books, magazines and brochures in the field of music; computer video game programs; electronic circuits and CD-ROMs recorded with programs for hand-held games with liquid crystal displays; computer software for music-composition using artificial intelligence; computer software with artificial intelligence; Music-composition software; computer software for processing digital music files; computer programs for data processing; computer software for creating and editing music and sounds; computers; computer memory drives; computer peripheral devices; computer operating programs recorded; ; computer software, recorded; computer operating programs, recorded; computer software; computer software, recorded for viewing, organizing, editing, uploading, processing and composing digital music files, music and sounds; telecommunication machines and apparatus; computer software for viewing, organizing, editing, uploading, processing and composing digital music files, music and sound; telecommunication machines and apparatus, namely, digital music playersClass 009 for Sound recorded magnetic cards, sheets and tapes; compact discs featuring music; downloadable music files; phonograph records; r recorded video discs featuring music and recorded video tapes featuring music; electronic sheet music, downloadable; downloadable electronic publications in the nature of books, magazines and brochures in the field of music; computer video game programs; electronic circuits and CD-ROMs recorded with programs for hand-held games with liquid crystal displays; computer software for music-composition using artificial intelligence; Music-composition software; computer software for processing digital music files; computer programs for data processing; computer software for creating and editing music and sounds; computers; computer memory drives; computer peripheral devices; computer operating programs recorded;; computer operating programs, recorded; computer software, recorded for viewing, organizing, editing, uploading, processing and composing digital music files, music and sounds; computer software for viewing, organizing, editing, uploading, processing and composing digital music files, music and sound; telecommunication machines and apparatus, namely, digital music players
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 Book publishing; electronic desktop publishing; publication of musical texts; provision of information relating to entertainment, music, live performances and entertainment events; provision of entertainment; rental of sound recordings; rental of records or sound-recorded magnetic tapes; arranging and conducting of concerts; arranging and planning of movies, shows, plays, or musical performances; orchestra services; providing on-line music, not downloadable; presentation of live show performances; direction or presentation of plays; presentation of musical performances; production of music; songwriting; record mastering
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: Book publishing; electronic desktop publishing; publication of musical texts; provision of information relating to entertainment, music, live performances and entertainment events; provision of information relating to entertainment, music, live entertainment performances and entertainment events; provision of entertainment; rental of sound recordings; rental of records or sound-recorded magnetic tapes; arranging and conducting of concerts; arranging and planning of movies, shows, plays, or musical performances; orchestra services; providing on-line music, not downloadable; presentation of live show performances; direction or presentation of plays; presentation of musical performances; production of music; songwriting; record masteringClass 041 for Book publishing; electronic desktop publishing; publication of musical texts; provision of information relating to entertainment, music, live entertainment performances and entertainment events; rental of sound recordings; rental of records or sound-recorded magnetic tapes; arranging and conducting of concerts; arranging and planning of movies, shows, plays, or musical performances; orchestra services; providing on-line music, not downloadable; presentation of live show performances; direction or presentation of plays; presentation of musical performances; production of music; songwriting; record mastering
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 Development and creation of computer programs with artificial intelligence; development and creation of computer programs for music composition; development and creation of computer software for processing digital music files; development and creation of computer programs for data processing; development and creation of computer programs for creating and editing music and sounds; computer software design, computer programming, or maintenance of computer software; providing non-downloadable computer programs with artificial intelligence; providing non-downloadable computer programs for music composition; providing non-downloadable computer programs for processing digital music files; providing non-downloadable computer programs for data processing; providing non-downloadable computer programs for creating and editing music and sounds; providing computer programs of data networks; software as a service; cloud computing
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: Development and creation of computer programs with artificial intelligence; development and creation of computer programs for music composition; development and creation of computer software for processing digital music files; development and creation of computer programs for data processing; development and creation of computer programs for creating and editing music and sounds; computer software design, computer programming, or maintenance of computer software; providing non-downloadable computer programs with artificial intelligence; providing non-downloadable computer programs for music composition; providing non-downloadable computer programs for processing digital music files; providing non-downloadable computer programs for data processing; providing non-downloadable computer programs for creating and editing music and sounds; providing computer programs of data networks; software as a service; software as a service (SAAS) services featuring software for viewing, organizing, editing, uploading, processing and composing digital music files, music and sounds; cloud computing; cloud computing featuring software for viewing, organizing, editing, uploading, processing and composing digital music files, music and soundsClass 042 for Development and creation of computer programs with artificial intelligence; development and creation of computer programs for music composition; development and creation of computer software for processing digital music files; development and creation of computer programs for data processing; development and creation of computer programs for creating and editing music and sounds; computer software design, computer programming, or maintenance of computer software; providing non-downloadable computer programs with artificial intelligence; providing non-downloadable computer programs for music composition; providing non-downloadable computer programs for processing digital music files; providing non-downloadable computer programs for data processing; providing non-downloadable computer programs for creating and editing music and sounds; providing computer programs of data networks; software as a service (SAAS) services featuring software for viewing, organizing, editing, uploading, processing and composing digital music files, music and sounds; cloud computing featuring software for viewing, organizing, editing, uploading, processing and composing digital music files, music and sounds
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: /Robert B.G. Horowitz/     Date: 07/18/2019
Signatory's Name: Robert B.G. Horowitz
Signatory's Position: Attorney for Applicant

Signatory's Phone Number: 212 589-4200

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: 88281273
Internet Transmission Date: Thu Jul 18 11:18:51 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XX-2019071811185165
9882-88281273-6203a32467fd3728511932b0c9
462662662888b247127d3d1337a9fd43925ac78-
N/A-N/A-20190718105838251716