Response to Office Action

JPEGMAFIA

JPEG Mafia, LLC

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)

Response to Office Action


The table below presents the data as entered.

Input Field
Entered
SERIAL NUMBER 88283174
LAW OFFICE ASSIGNED LAW OFFICE 111
MARK SECTION
MARK mark
LITERAL ELEMENT JPEGMAFIA
STANDARD CHARACTERS YES
USPTO-GENERATED IMAGE YES
MARK STATEMENT The mark consists of standard characters, without claim to any particular font style, size or color.
OWNER SECTION (current)
NAME JPEG Mafia, LLC
INTERNAL ADDRESS Suite 500
MAILING ADDRESS 16133 Ventura Blvd.
CITY Encino
STATE California
ZIP/POSTAL CODE 91436
COUNTRY/REGION/JURISDICTION/U.S. TERRITORY United States
OWNER SECTION (proposed)
NAME JPEG Mafia, LLC
INTERNAL ADDRESS Suite 500
MAILING ADDRESS 16133 Ventura Blvd.
CITY Encino
STATE California
ZIP/POSTAL CODE 91436
COUNTRY/REGION/JURISDICTION/U.S. TERRITORY United States
EMAIL XXXX
GOODS AND/OR SERVICES SECTION (current)
INTERNATIONAL CLASS 009
DESCRIPTION
AUDIO AND VIDEO RECORDINGS FEATURING MUSIC AND ARTISTIC PERFORMANCES; MUSICAL RECORDINGS; MUSICAL SOUND RECORDINGS; DIGITAL MUSIC DOWNLOADABLE FROM THE INTERNET; DOWNLOADABLE MUSIC FILES; DOWNLOADABLE MUSICAL SOUND RECORDINGS; DOWNLOADABLE SOUND RECORDINGS PROVIDED VIA THE INTERNET AND WIRELESS DEVICES; SOUND RECORDINGS FEATURING MUSIC AND LYRICS; MUSICAL VIDEO RECORDINGS
FILING BASIS Section 1(a)
        FIRST USE ANYWHERE DATE At least as early as 11/09/2014
        FIRST USE IN COMMERCE DATE At least as early as 05/15/2015
GOODS AND/OR SERVICES SECTION (proposed)
INTERNATIONAL CLASS 009
DESCRIPTION
AUDIO AND VIDEO RECORDINGS FEATURING MUSIC AND ARTISTIC PERFORMANCES; MUSICAL RECORDINGS; MUSICAL SOUND RECORDINGS; DIGITAL MUSIC DOWNLOADABLE FROM THE INTERNET; DOWNLOADABLE MUSIC FILES; DOWNLOADABLE MUSICAL SOUND RECORDINGS; DOWNLOADABLE SOUND RECORDINGS PROVIDED VIA THE INTERNET AND WIRELESS DEVICES; SOUND RECORDINGS FEATURING MUSIC AND LYRICS; MUSICAL VIDEO RECORDINGS
FILING BASIS Section 1(a)
       FIRST USE ANYWHERE DATE At least as early as 11/09/2014
       FIRST USE IN COMMERCE DATE At least as early as 05/15/2015
       STATEMENT TYPE "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing date of the application"[for an application based on Section 1(a), Use in Commerce] OR "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce prior either to the filing of the Amendment to Allege Use or expiration of the filing deadline for filing a Statement of Use" [for an application based on Section 1(b) Intent-to-Use]. OR "The attached specimen is a true copy of the specimen that was originally submitted with the application, amendment to allege use, or statement of use" [for an illegible specimen].
       SPECIMEN
       FILE NAME(S)
\\TICRS\EXPORT18\IMAGEOUT 18\882\831\88283174\xml2 \ ROA0002.JPG
        \\TICRS\EXPORT18\IMAGEOUT 18\882\831\88283174\xml2 \ ROA0003.JPG
       SPECIMEN DESCRIPTION These are two covers for two different sound recordings (a series); one recording is titled "Millennium", and one is titled "Puff Daddy". The recording "Puff Daddy" has nothing to do with the artist Sean Combs a/k/a "Puff Daddy", it is simply the title the artist chose; Sean Combs does not perform or relate to the recording in any way.
ADDITIONAL STATEMENTS SECTION
MISCELLANEOUS STATEMENT The applicant produces the goods and controls their quality.
CORRESPONDENCE INFORMATION (current)
NAME David J Fein
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE davidjfeinlaw@gmail.com
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) NOT PROVIDED
CORRESPONDENCE INFORMATION (proposed)
NAME David J Fein
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE davidjfeinlaw@gmail.com
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) NOT PROVIDED
SIGNATURE SECTION
DECLARATION SIGNATURE /david j fein/
SIGNATORY'S NAME David J Fein
SIGNATORY'S POSITION Attorney of record, New York Bar member
SIGNATORY'S PHONE NUMBER 917-804-4688
DATE SIGNED 02/18/2020
RESPONSE SIGNATURE /david j fein/
SIGNATORY'S NAME David J Fein
SIGNATORY'S POSITION Attorney of record, New York Bar member
SIGNATORY'S PHONE NUMBER 917-804-4688
DATE SIGNED 02/18/2020
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Tue Feb 18 18:57:04 ET 2020
TEAS STAMP USPTO/ROA-XX.XX.XXX.X-202
00218185704037036-8828317
4-710367197f0be29edd8f4d3
9e2b244813c59e1a1e14c8fbe
cf97fe6355b9f6d75d-N/A-N/
A-20200218183107570134



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. 88283174 JPEGMAFIA(Standard Characters, see http://uspto.report/TM/88283174/mark.png) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 009 for AUDIO AND VIDEO RECORDINGS FEATURING MUSIC AND ARTISTIC PERFORMANCES; MUSICAL RECORDINGS; MUSICAL SOUND RECORDINGS; DIGITAL MUSIC DOWNLOADABLE FROM THE INTERNET; DOWNLOADABLE MUSIC FILES; DOWNLOADABLE MUSICAL SOUND RECORDINGS; DOWNLOADABLE SOUND RECORDINGS PROVIDED VIA THE INTERNET AND WIRELESS DEVICES; SOUND RECORDINGS FEATURING MUSIC AND LYRICS; MUSICAL VIDEO RECORDINGS
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 11/09/2014 and first used in commerce at least as early as 05/15/2015 , and is now in use in such commerce.


Proposed:
Class 009 for AUDIO AND VIDEO RECORDINGS FEATURING MUSIC AND ARTISTIC PERFORMANCES; MUSICAL RECORDINGS; MUSICAL SOUND RECORDINGS; DIGITAL MUSIC DOWNLOADABLE FROM THE INTERNET; DOWNLOADABLE MUSIC FILES; DOWNLOADABLE MUSICAL SOUND RECORDINGS; DOWNLOADABLE SOUND RECORDINGS PROVIDED VIA THE INTERNET AND WIRELESS DEVICES; SOUND RECORDINGS FEATURING MUSIC AND LYRICS; MUSICAL VIDEO RECORDINGS
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 11/09/2014 and first used in commerce at least as early as 05/15/2015 , and is now in use in such commerce.
Applicant hereby submits one(or more) specimen(s) for Class 009. The specimen(s) submitted consists of These are two covers for two different sound recordings (a series); one recording is titled "Millennium", and one is titled "Puff Daddy". The recording "Puff Daddy" has nothing to do with the artist Sean Combs a/k/a "Puff Daddy", it is simply the title the artist chose; Sean Combs does not perform or relate to the recording in any way..
"The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing date of the application"[for an application based on Section 1(a), Use in Commerce] OR "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce prior either to the filing of the Amendment to Allege Use or expiration of the filing deadline for filing a Statement of Use" [for an application based on Section 1(b) Intent-to-Use]. OR "The attached specimen is a true copy of the specimen that was originally submitted with the application, amendment to allege use, or statement of use" [for an illegible specimen].
Specimen File1

Specimen File2


OWNER AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: JPEG Mafia, LLC, a limited liability company legally organized under the laws of California, having an address of

            Suite 500      16133 Ventura Blvd.
      Encino, California 91436
      United States

Proposed: JPEG Mafia, LLC, a limited liability company legally organized under the laws of California, having an address of
      Suite 500
      16133 Ventura Blvd.
      Encino, California 91436
      United States
      Email Address: XXXX

ADDITIONAL STATEMENTS
Miscellaneous Statement
The applicant produces the goods and controls their quality.

Correspondence Information (current):
      David J Fein
      PRIMARY EMAIL FOR CORRESPONDENCE: davidjfeinlaw@gmail.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED
Correspondence Information (proposed):
      David J Fein
      PRIMARY EMAIL FOR CORRESPONDENCE: davidjfeinlaw@gmail.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

Requirement for Email and Electronic Filing: I understand that a valid email address must be maintained by the owner/holder and the owner's/holder's attorney, if appointed, and that all official trademark correspondence must be submitted via the Trademark Electronic Application System (TEAS).

SIGNATURE(S)
Declaration Signature

DECLARATION: The signatory being warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. § 1001, and that such willful false statements and the like may jeopardize the validity of the application or submission or any registration resulting therefrom, declares that, if the applicant submitted the application or allegation of use (AOU) unsigned, all statements in the application or AOU and this submission based on the signatory's own knowledge are true, and all statements in the application or AOU and this submission made on information and belief are believed to be true.

STATEMENTS FOR UNSIGNED SECTION 1(a) APPLICATION/AOU: If the applicant filed an unsigned application under 15 U.S.C. §1051(a) or AOU under 15 U.S.C. §1051(c), the signatory additionally believes that: the applicant is the owner of the mark sought to be registered; the mark is in use in commerce and was in use in commerce as of the filing date of the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; the original specimen(s), if applicable, shows the mark in use in commerce as of the filing date of the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; for a collective trademark, collective service mark, collective membership mark application, or certification mark application, the applicant is exercising legitimate control over the use of the mark in commerce and was exercising legitimate control over the use of the mark in commerce as of the filing date of the application or AOU; for a certification mark application, the applicant is not engaged 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. To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services/collective membership organization of such other persons, to cause confusion or mistake, or to deceive.

STATEMENTS FOR UNSIGNED SECTION 1(b)/SECTION 44 APPLICATION AND FOR SECTION 66(a) COLLECTIVE/CERTIFICATION MARK APPLICATION: If the applicant filed an unsigned application under 15 U.S.C. §§ 1051(b), 1126(d), and/or 1126(e), or filed a collective/certification mark application under 15 U.S.C. §1141f(a), the signatory additionally believes that: for a trademark or service mark application, the applicant is entitled to use the mark in commerce on or in connection with the goods/services specified in the application; the applicant has a bona fide intention to use the mark in commerce and had a bona fide intention to use the mark in commerce as of the application filing date; for a collective trademark, collective service mark, collective membership mark, or certification mark application, the applicant has a bona fide intention, and is entitled, to exercise legitimate control over the use of the mark in commerce and had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce as of the application filing date; the signatory is properly authorized to execute the declaration on behalf of the applicant; for a certification mark application, 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. To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services/collective membership organization of such other persons, to cause confusion or mistake, or to deceive.



Signature: /david j fein/      Date: 02/18/2020
Signatory's Name: David J Fein
Signatory's Position: Attorney of record, New York Bar member
Signatory's Phone Number: 917-804-4688


Response Signature
Signature: /david j fein/     Date: 02/18/2020
Signatory's Name: David J Fein
Signatory's Position: Attorney of record, New York Bar member

Signatory's Phone Number: 917-804-4688

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:    David J Fein
   
   STE 6E
   175 ADAMS ST
   BROOKLYN, New York 11201
Mailing Address:    David J Fein
   STE 6E
   175 ADAMS ST
   BROOKLYN, New York 11201
        
Serial Number: 88283174
Internet Transmission Date: Tue Feb 18 18:57:04 ET 2020
TEAS Stamp: USPTO/ROA-XX.XX.XXX.X-202002181857040370
36-88283174-710367197f0be29edd8f4d39e2b2
44813c59e1a1e14c8fbecf97fe6355b9f6d75d-N
/A-N/A-20200218183107570134


Response to Office Action [image/jpeg]

Response to Office Action [image/jpeg]


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