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 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
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 featuring music; downloadable music files; phonograph records; phonograph records featuring music; r recorded video discs featuring music and recorded video tapes featuring music; prerecorded 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; downloadable computer software for music-composition using artificial intelligence; Music-composition software; music-composition software, prerecorded or downloadable; computer software for processing digital music files; prerecorded or downloadable computer software for processing digital music files; computer programs for data processing; recorded computer programs for data processing; computer software for creating and editing music and sounds; prerecorded or downloadable computer software for creating and editing music and sounds; computers; computer memory drives; computer peripheral devices; computer operating programs recorded; prerecorded or downloadable 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; prerecorded or downloadable 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 featuring music; prerecorded 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; downloadable computer software for music-composition using artificial intelligence; music-composition software, prerecorded or downloadable; prerecorded or downloadable computer software for processing digital music files; recorded computer programs for data processing; prerecorded or downloadable computer software for creating and editing music and sounds; computers; computer memory drives; computer peripheral devices; prerecorded or downloadable 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; prerecorded or downloadable 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 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
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 with artificial intelligence for viewing, organizing, editing, uploading, processing and composing digital music files, music and sounds; Development and creation of computer programs with artificial intelligence for use in music recording; 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; providing non-downloadable computer programs with artificial intelligence; computer software design, computer programming, or maintenance of computer software; providing non-downloadable computer programs with artificial intelligence for use for in viewing, organizing, editing, uploading, processing and composing digital music files, music and sounds; providing non-downloadable computer programs with artificial intelligence for use for in music recording; development and creation of computer programs for music composition; 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 soundsClass 042 for Development and creation of computer programs with artificial intelligence for viewing, organizing, editing, uploading, processing and composing digital music files, music and sounds; Development and creation of computer programs with artificial intelligence for use in music recording; 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 for use for in viewing, organizing, editing, uploading, processing and composing digital music files, music and sounds; providing non-downloadable computer programs with artificial intelligence for use for in music recording; development and creation of computer programs for music composition; 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.

The applicant's current attorney information: Robert B.G. Horowitz, Esq.. Robert B.G. Horowitz, Esq. of BAKER & HOSTETLER LLP, is located at

      45 ROCKEFELLER PLAZA, 14TH FLOOR
      NEW YORK, New York 10111
      US
The docket/reference number is 41279.3183.

The phone number is 212-589-4200.

The fax number is 212 589-4201.

The email address is bhipdocket@bakerlaw.com

The applicants proposed attorney information: Robert B.G. Horowitz, Esq.. Other appointed attorneys are Kevin M. Wallace, Esq.. Robert B.G. Horowitz, Esq. of BAKER & HOSTETLER LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      45 ROCKEFELLER PLAZA, 14TH FLOOR
      NEW YORK, New York 10111
      United States
The docket/reference number is 41279.3183.

The phone number is 212-589-4200.

The fax number is 212 589-4201.

The email address is bhipdocket@bakerlaw.com

Robert B.G. Horowitz, Esq. 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: ROBERT B.G. HOROWITZ, ESQ.. ROBERT B.G. HOROWITZ, ESQ. of BAKER & HOSTETLER LLP, is located at

      45 ROCKEFELLER PLAZA, 14TH FLOOR
      NEW YORK, New York 10111
      US
The docket/reference number is 41279.3183.

The phone number is 212-589-4200.

The fax number is 212 589-4201.

The email address is bhipdocket@bakerlaw.com; rhorowitz@bakerlaw.com; jcupito@bakerlaw.com

The applicants proposed correspondence information: Robert B.G. Horowitz, Esq.. Robert B.G. Horowitz, Esq. of BAKER & HOSTETLER LLP, is located at

      45 ROCKEFELLER PLAZA, 14TH FLOOR
      NEW YORK, New York 10111
      United States
The docket/reference number is 41279.3183.

The phone number is 212-589-4200.

The fax number is 212 589-4201.

The email address is bhipdocket@bakerlaw.com; rhorowitz@bakerlaw.com; jcupito@bakerlaw.com

SIGNATURE(S)
Response Signature
Signature: /Robert B.G. Horowitz/     Date: 01/27/2020
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 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:    ROBERT B.G. HOROWITZ, ESQ.
   BAKER & HOSTETLER LLP
   
   45 ROCKEFELLER PLAZA, 14TH FLOOR
   NEW YORK, New York 10111
Mailing Address:    Robert B.G. Horowitz, Esq.
   BAKER & HOSTETLER LLP
   45 ROCKEFELLER PLAZA, 14TH FLOOR
   NEW YORK, New York 10111
        
Serial Number: 88281273
Internet Transmission Date: Mon Jan 27 11:39:33 EST 2020
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XX-2020012711393359
4941-88281273-7001d3eef596a4afd82f38f49c
bbc8dea4e6a57b7c77ba81ccd36ec3e7c8f99f61
3-N/A-N/A-20200127105215351713