Response to Office Action

ARTSY

ART.SY, Inc.

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 88309882
LAW OFFICE ASSIGNED LAW OFFICE 110
MARK SECTION
MARK http://uspto.report/TM/88309882/mark.png
LITERAL ELEMENT ARTSY
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.
GOODS AND/OR SERVICES SECTION (035)(current)
INTERNATIONAL CLASS 035
DESCRIPTION
Art gallery services; On-line art galleries; Providing an on-line searchable database featuring artistic works and business contacts at museums and galleries; Maintaining a registry of works of art; inventory management for others in the field of art; Providing an on-line marketplace featuring artwork; Providing an on-line searchable database featuring artistic works and business contacts at museums and galleries; Provision of an on-line marketplace for buyers and sellers of art and for the auctioning of art
FILING BASIS Section 1(a)
        FIRST USE ANYWHERE DATE At least as early as 07/09/2010
        FIRST USE IN COMMERCE DATE At least as early as 07/09/2010
GOODS AND/OR SERVICES SECTION (035)(proposed)
INTERNATIONAL CLASS 035
TRACKED TEXT DESCRIPTION
Art gallery services; Retail store services for works of art provided by art galleries; On-line art galleries; online retail store services for works of art provided by art galleries; Providing an on-line searchable database featuring artistic works and business contacts at museums and galleries; Maintaining a registry of works of art; inventory management for others in the field of art; Providing an on-line marketplace featuring artwork; Provision of an on-line marketplace for buyers and sellers of art and for the auctioning of art; Providing an on-line searchable database featuring artistic works and business contacts at museums and galleries
FINAL DESCRIPTION
Retail store services for works of art provided by art galleries; online retail store services for works of art provided by art galleries; Maintaining a registry of works of art; inventory management for others in the field of art; Providing an on-line marketplace featuring artwork; Provision of an on-line marketplace for buyers and sellers of art and for the auctioning of art
FILING BASIS Section 1(a)
       FIRST USE ANYWHERE DATE At least as early as 07/09/2010
       FIRST USE IN COMMERCE DATE At least as early as 07/09/2010
GOODS AND/OR SERVICES SECTION (041)(current)
INTERNATIONAL CLASS 041
DESCRIPTION
Providing a website in the field of art; Providing an on-line searchable database featuring information about art, artists, artistic works, artistic styles, and relationships between artists, artistic works, and artistic styles via global communications networks; entertainment services, namely, providing a website featuring images of artistic works, information in the field of art, and information concerning relationships between artists, artistic works and artistic styles, all on-line via a global computer network; Providing an Internet website portal in the field of art; Providing a website featuring information about artistic styles; Providing editorial, news and other information in the field of art
FILING BASIS Section 1(a)
        FIRST USE ANYWHERE DATE At least as early as 07/09/2010
        FIRST USE IN COMMERCE DATE At least as early as 07/09/2010
GOODS AND/OR SERVICES SECTION (041)(proposed)
INTERNATIONAL CLASS 041
TRACKED TEXT DESCRIPTION
Providing a website in the field of art; Providing an on-line searchable database featuring information about art, artists, artistic works, artistic styles, and relationships between artists, artistic works, and artistic styles via global communications networks; entertainment services, namely, providing a website featuring images of artistic works, information in the field of art, and information concerning relationships between artists, artistic works and artistic styles, all on-line via a global computer network; Providing an Internet website portal in the field of art; Providing a website featuring information about artistic styles; Providing editorial, news and other information in the field of art; Providing an on-line searchable database featuring artistic works; Art exhibition services; providing online art exhibitions
FINAL DESCRIPTION
Providing a website in the field of art; Providing an on-line searchable database featuring information about art, artists, artistic works, artistic styles, and relationships between artists, artistic works, and artistic styles via global communications networks; entertainment services, namely, providing a website featuring images of artistic works, information in the field of art, and information concerning relationships between artists, artistic works and artistic styles, all on-line via a global computer network; Providing an Internet website portal in the field of art; Providing a website featuring information about artistic styles; Providing editorial, news and other information in the field of art; Providing an on-line searchable database featuring artistic works; Art exhibition services; providing online art exhibitions
FILING BASIS Section 1(a)
       FIRST USE ANYWHERE DATE At least as early as 07/09/2010
       FIRST USE IN COMMERCE DATE At least as early as 07/09/2010
ADDITIONAL STATEMENTS SECTION
MISCELLANEOUS STATEMENT Applicant deletes the disclaimer stating that "No claim is made to the exclusive right to use Bespoke apart from the mark as shown." This disclaimer was erroneously filed by a third party.
ATTORNEY SECTION (current)
NAME Sharona Sternberg
ATTORNEY BAR MEMBERSHIP NUMBER NOT SPECIFIED
YEAR OF ADMISSION NOT SPECIFIED
U.S. STATE/ COMMONWEALTH/ TERRITORY NOT SPECIFIED
FIRM NAME SUNSTEIN KANN MURPHY & TIMBERS, LLP
STREET 125 SUMMER ST
CITY BOSTON
STATE Massachusetts
POSTAL CODE 02110-1616
COUNTRY US
PHONE 617-443-9292
FAX 617-443-0004
EMAIL trademarks@sunsteinlaw.com
AUTHORIZED TO COMMUNICATE VIA EMAIL Yes
DOCKET/REFERENCE NUMBER 3763/2008
ATTORNEY SECTION (proposed)
NAME Sharona Sternberg
ATTORNEY BAR MEMBERSHIP NUMBER XXX
YEAR OF ADMISSION XXXX
U.S. STATE/ COMMONWEALTH/ TERRITORY XX
FIRM NAME SUNSTEIN KANN MURPHY & TIMBERS, LLP
STREET 125 SUMMER ST
CITY BOSTON
STATE Massachusetts
POSTAL CODE 02110-1616
COUNTRY United States
PHONE 617-443-9292
FAX 617-443-0004
EMAIL trademarks@sunsteinlaw.com
AUTHORIZED TO COMMUNICATE VIA EMAIL Yes
DOCKET/REFERENCE NUMBER 3763/2008
OTHER APPOINTED ATTORNEY Bruce D. Sunstein; Robert L. Kann; Robert M. Asher; Edward J. Dailey; Joel R. Leeman; Kerry L. Timbers; Peter J. Karol; Steven A. Abreu; Sharona Sternberg; Lawrence M. Green; Erin E. Connors
CORRESPONDENCE SECTION (current)
NAME SHARONA STERNBERG
FIRM NAME SUNSTEIN KANN MURPHY & TIMBERS, LLP
STREET 125 SUMMER ST
CITY BOSTON
STATE Massachusetts
POSTAL CODE 02110-1616
COUNTRY US
PHONE 617-443-9292
FAX 617-443-0004
EMAIL trademarks@sunsteinlaw.com
AUTHORIZED TO COMMUNICATE VIA EMAIL Yes
DOCKET/REFERENCE NUMBER 3763/2008
CORRESPONDENCE SECTION (proposed)
NAME Sharona Sternberg
FIRM NAME SUNSTEIN KANN MURPHY & TIMBERS, LLP
STREET 125 SUMMER ST
CITY BOSTON
STATE Massachusetts
POSTAL CODE 02110-1616
COUNTRY United States
PHONE 617-443-9292
FAX 617-443-0004
EMAIL trademarks@sunsteinlaw.com
AUTHORIZED TO COMMUNICATE VIA EMAIL Yes
DOCKET/REFERENCE NUMBER 3763/2008
SIGNATURE SECTION
RESPONSE SIGNATURE /Sharona H. Sternberg/
SIGNATORY'S NAME Sharona Sternberg
SIGNATORY'S POSITION Attorney of Record, MA Bar Member
SIGNATORY'S PHONE NUMBER 6174439292
DATE SIGNED 10/24/2019
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Thu Oct 24 11:46:45 EDT 2019
TEAS STAMP USPTO/ROA-XX.XX.XX.XX-201
91024114645684043-8830988
2-610765e72b3b1bf9fb94cb8
94fdf52a76551242e91df1eed
f9f1bd1dd9b8ee5-N/A-N/A-2
0191024113205496005



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. 88309882 ARTSY(Standard Characters, see http://uspto.report/TM/88309882/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 035 for Art gallery services; On-line art galleries; Providing an on-line searchable database featuring artistic works and business contacts at museums and galleries; Maintaining a registry of works of art; inventory management for others in the field of art; Providing an on-line marketplace featuring artwork; Providing an on-line searchable database featuring artistic works and business contacts at museums and galleries; Provision of an on-line marketplace for buyers and sellers of art and for the auctioning of art
Original Filing Basis:
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 07/09/2010 and first used in commerce at least as early as 07/09/2010 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Art gallery services; Retail store services for works of art provided by art galleries; On-line art galleries; online retail store services for works of art provided by art galleries; Providing an on-line searchable database featuring artistic works and business contacts at museums and galleries; Maintaining a registry of works of art; inventory management for others in the field of art; Providing an on-line marketplace featuring artwork; Provision of an on-line marketplace for buyers and sellers of art and for the auctioning of art; Providing an on-line searchable database featuring artistic works and business contacts at museums and galleriesClass 035 for Retail store services for works of art provided by art galleries; online retail store services for works of art provided by art galleries; Maintaining a registry of works of art; inventory management for others in the field of art; Providing an on-line marketplace featuring artwork; Provision of an on-line marketplace for buyers and sellers of art and for the auctioning of art
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 07/09/2010 and first used in commerce at least as early as 07/09/2010 , and is now in use in such commerce.
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 041 for Providing a website in the field of art; Providing an on-line searchable database featuring information about art, artists, artistic works, artistic styles, and relationships between artists, artistic works, and artistic styles via global communications networks; entertainment services, namely, providing a website featuring images of artistic works, information in the field of art, and information concerning relationships between artists, artistic works and artistic styles, all on-line via a global computer network; Providing an Internet website portal in the field of art; Providing a website featuring information about artistic styles; Providing editorial, news and other information in the field of art
Original Filing Basis:
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 07/09/2010 and first used in commerce at least as early as 07/09/2010 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Providing a website in the field of art; Providing an on-line searchable database featuring information about art, artists, artistic works, artistic styles, and relationships between artists, artistic works, and artistic styles via global communications networks; entertainment services, namely, providing a website featuring images of artistic works, information in the field of art, and information concerning relationships between artists, artistic works and artistic styles, all on-line via a global computer network; Providing an Internet website portal in the field of art; Providing a website featuring information about artistic styles; Providing editorial, news and other information in the field of art; Providing an on-line searchable database featuring artistic works; Art exhibition services; providing online art exhibitionsClass 041 for Providing a website in the field of art; Providing an on-line searchable database featuring information about art, artists, artistic works, artistic styles, and relationships between artists, artistic works, and artistic styles via global communications networks; entertainment services, namely, providing a website featuring images of artistic works, information in the field of art, and information concerning relationships between artists, artistic works and artistic styles, all on-line via a global computer network; Providing an Internet website portal in the field of art; Providing a website featuring information about artistic styles; Providing editorial, news and other information in the field of art; Providing an on-line searchable database featuring artistic works; Art exhibition services; providing online art exhibitions
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 07/09/2010 and first used in commerce at least as early as 07/09/2010 , and is now in use in such commerce.
The applicant's current attorney information: Sharona Sternberg. Sharona Sternberg of SUNSTEIN KANN MURPHY & TIMBERS, LLP, is located at

      125 SUMMER ST
      BOSTON, Massachusetts 02110-1616
      US
The docket/reference number is 3763/2008.

The phone number is 617-443-9292.

The fax number is 617-443-0004.

The email address is trademarks@sunsteinlaw.com

The applicants proposed attorney information: Sharona Sternberg. Other appointed attorneys are Bruce D. Sunstein; Robert L. Kann; Robert M. Asher; Edward J. Dailey; Joel R. Leeman; Kerry L. Timbers; Peter J. Karol; Steven A. Abreu; Sharona Sternberg; Lawrence M. Green; Erin E. Connors. Sharona Sternberg of SUNSTEIN KANN MURPHY & TIMBERS, 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

      125 SUMMER ST
      BOSTON, Massachusetts 02110-1616
      United States
The docket/reference number is 3763/2008.

The phone number is 617-443-9292.

The fax number is 617-443-0004.

The email address is trademarks@sunsteinlaw.com

Sharona Sternberg 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: SHARONA STERNBERG. SHARONA STERNBERG of SUNSTEIN KANN MURPHY & TIMBERS, LLP, is located at

      125 SUMMER ST
      BOSTON, Massachusetts 02110-1616
      US
The docket/reference number is 3763/2008.

The phone number is 617-443-9292.

The fax number is 617-443-0004.

The email address is trademarks@sunsteinlaw.com

The applicants proposed correspondence information: Sharona Sternberg. Sharona Sternberg of SUNSTEIN KANN MURPHY & TIMBERS, LLP, is located at

      125 SUMMER ST
      BOSTON, Massachusetts 02110-1616
      United States
The docket/reference number is 3763/2008.

The phone number is 617-443-9292.

The fax number is 617-443-0004.

The email address is trademarks@sunsteinlaw.com

ADDITIONAL STATEMENTS
Miscellaneous Statement
Applicant deletes the disclaimer stating that "No claim is made to the exclusive right to use Bespoke apart from the mark as shown." This disclaimer was erroneously filed by a third party.


SIGNATURE(S)
Response Signature
Signature: /Sharona H. Sternberg/     Date: 10/24/2019
Signatory's Name: Sharona Sternberg
Signatory's Position: Attorney of Record, MA Bar Member

Signatory's Phone Number: 6174439292

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:    SHARONA STERNBERG
   SUNSTEIN KANN MURPHY & TIMBERS, LLP
   
   125 SUMMER ST
   BOSTON, Massachusetts 02110-1616
Mailing Address:    Sharona Sternberg
   SUNSTEIN KANN MURPHY & TIMBERS, LLP
   125 SUMMER ST
   BOSTON, Massachusetts 02110-1616
        
Serial Number: 88309882
Internet Transmission Date: Thu Oct 24 11:46:45 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XX.XX.XX-201910241146456840
43-88309882-610765e72b3b1bf9fb94cb894fdf
52a76551242e91df1eedf9f1bd1dd9b8ee5-N/A-
N/A-20191024113205496005



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