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)

---

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. 88305837 24P TRUE CINEMA (Stylized and/or with Design, see http://uspto.report/TM/88305837/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 Optical disc players and recorders for audio, video and computer data; television sets; cameras; photographic equipment; cinematographic machines and apparatus; optical machines and apparatus; measuring or testing machines and instruments; digital cameras; mobile telephones; television receivers; LCD large-screen displays; loudspeakers; portable audio players; compact disc players; record players; sound recording machines and apparatus; audio-frequency apparatus; DVD players; DVD recorders; videodisc players; videotape recorders; video recorders; video screens; headphones; earphones; telecommunication machines and apparatus; smartphones; personal digital assistants in the shape of a watch; computers; computer software; computer programs; electronic machines, apparatus and their parts; electronic circuits and CD-ROMs recorded with automatic performance programs for electronic musical instruments; phonograph records; downloadable music files; downloadable image files; recorded video discs and video tapes; electronic publications, downloadable; exposed cinematographic films; exposed slide films; slide film mounts; 3D spectacles
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: Optical disc players and recorders for audio, video and computer data; television sets; cameras; photographic equipment; cinematographic machines and apparatus; optical machines and apparatus, namely, optical disc players; optical machines and apparatus; digital cameras; measuring or testing machines and instruments; mobile telephones; television receivers; LCD large-screen displays; loudspeakers; portable audio players; compact disc players; record players; sound recording machines and apparatus; audio-frequency transformers; DVD players; audio-frequency apparatus; DVD recorders; videodisc players; videotape recorders; video recorders; video screens; headphones; earphones; telecommunication machines and apparatus; smartphones; personal digital assistants in the shape of a watch; computers; downloadable computer software for controlling and improving the sound quality from audio equipment and the image quality from video equipment; electronic circuits and CD-ROMs recorded with automatic performance programs for electronic musical instruments; computer software; phonograph records featuring music; computer programs; downloadable music files; electronic machines, apparatus and their parts; exposed cinematographic films; exposed slide films; phonograph records; slide film mounts; 3D spectacles; downloadable image files; recorded video discs and video tapes; electronic publications, downloadableClass 009 for Optical disc players and recorders for audio, video and computer data; television sets; cameras; cinematographic machines and apparatus; optical machines and apparatus, namely, optical disc players; digital cameras; mobile telephones; television receivers; LCD large-screen displays; loudspeakers; portable audio players; compact disc players; record players; sound recording machines and apparatus; audio-frequency transformers; DVD players; DVD recorders; videodisc players; videotape recorders; video recorders; video screens; headphones; earphones; telecommunication machines and apparatus; smartphones; personal digital assistants in the shape of a watch; computers; downloadable computer software for controlling and improving the sound quality from audio equipment and the image quality from video equipment; electronic circuits and CD-ROMs recorded with automatic performance programs for electronic musical instruments; phonograph records featuring music; downloadable music files; exposed cinematographic films; exposed slide films; slide film mounts; 3D spectacles
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.

ADDITIONAL STATEMENTS
Disclaimer
No claim is made to the exclusive right to use "24P TRUE CINEMA" apart from the mark as shown.


SIGNATURE(S)
Response Signature
Signature: /Robert B.G. Horowitz/     Date: 08/01/2019
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: 88305837
Internet Transmission Date: Thu Aug 01 12:33:06 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XX-2019080112330676
9065-88305837-620aacf9445ac7f6b980cd3da1
12834bb7eae74492a2a4edf665237c52a0d6fc-N
/A-N/A-20190801122504459821