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. 88326906 TRUE REACH AND FREQUENCY(Standard Characters, see http://uspto.report/TM/88326906/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 Computer software to enable the tracking of video, advertisement, and other multimedia content consumed by viewers across broadcast television, cable television, Internet-based video services, and other video sources via television sets, set-top boxes, computers, tablets, mobile devices, watches, automobiles, and other consumer electronics devices; software and software applications for embedding in televisions, set-top boxes, computers, tablets, mobile devices, watches, automobiles, and other consumer electronics devices to enable the tracking of video, advertisement, and other multimedia content consumed by viewers across broadcast television, cable television, Internet-based video services, and other video sources
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 10/01/2015 and first used in commerce at least as early as 10/01/2015 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Computer software to enable the tracking of video, advertisement, and other multimedia content consumed by viewers across broadcast television, cable television, Internet-based video services, and other video sources via television sets, set-top boxes, computers, tablets, mobile devices, watches, automobiles, and other consumer electronics devices; Downloadable computer software to enable the tracking of video, advertisement, and other multimedia content consumed by viewers across broadcast television, cable television, Internet-based video services, and other video sources via television sets, set-top boxes, computers, tablets, mobile devices, watches, automobiles, and other consumer electronics devices; software and software applications for embedding in televisions, set-top boxes, computers, tablets, mobile devices, watches, automobiles, and other consumer electronics devices to enable the tracking of video, advertisement, and other multimedia content consumed by viewers across broadcast television, cable television, Internet-based video services, and other video sources; downloadable software and downloadable software applications for embedding in televisions, set-top boxes, computers, tablets, mobile devices, watches, automobiles, and other consumer electronics devices to enable the tracking of video, advertisement, and other multimedia content consumed by viewers across broadcast television, cable television, Internet-based video services, and other video sourcesClass 009 for Downloadable computer software to enable the tracking of video, advertisement, and other multimedia content consumed by viewers across broadcast television, cable television, Internet-based video services, and other video sources via television sets, set-top boxes, computers, tablets, mobile devices, watches, automobiles, and other consumer electronics devices; downloadable software and downloadable software applications for embedding in televisions, set-top boxes, computers, tablets, mobile devices, watches, automobiles, and other consumer electronics devices to enable the tracking of video, advertisement, and other multimedia content consumed by viewers across broadcast television, cable television, Internet-based video services, and other video sources
Deleted Filing Basis: 1(a)
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 035 for Advertising, marketing; dissemination of advertising for others via an online communications network on the Internet; advertising, promotion, and marketing services in the field of the provision of electronic media or information over the Internet or other communications network; business services for advertisers for the tracking of video, advertisement, and other multimedia content consumed by viewers across broadcast television, cable television, Internet-based video services, and other video sources via television sets, set-top boxes, computers, tablets, mobile devices, watches, automobiles, and other consumer electronics devices
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 10/01/2015 and first used in commerce at least as early as 10/01/2015 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Advertising, marketing; dissemination of advertising for others via an online communications network on the Internet; advertising, promotion, and marketing services in the field of the provision of electronic media or information over the Internet or other communications network; business services for advertisers for the tracking of video, advertisement, and other multimedia content consumed by viewers across broadcast television, cable television, Internet-based video services, and other video sources via television sets, set-top boxes, computers, tablets, mobile devices, watches, automobiles, and other consumer electronics devices; tracking consumption of video, advertisement, and other multimedia content by viewers across broadcast television, cable television, Internet-based video services, and other video sources via television sets, set-top boxes, computers, tablets, mobile devices, watches, automobiles, and other consumer electronics devices for business and advertising purposesClass 035 for Advertising, marketing; dissemination of advertising for others via an online communications network on the Internet; advertising, promotion, and marketing services in the field of the provision of electronic media or information over the Internet or other communications network; tracking consumption of video, advertisement, and other multimedia content by viewers across broadcast television, cable television, Internet-based video services, and other video sources via television sets, set-top boxes, computers, tablets, mobile devices, watches, automobiles, and other consumer electronics devices for business and advertising purposes
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 10/01/2015 and first used in commerce at least as early as 10/01/2015 , and is now in use in such commerce.
The applicant's current attorney information: David Yang. David Yang of HAWKINSON YANG LLP, is located at

      925 N. LA BREA AVE., 4TH FL.
      LOS ANGELES, California 90038
      US

The phone number is 213-634-0370.

The email address is dyang@hycounsel.com

The applicants proposed attorney information: David Yang. Other appointed attorneys are Matt Hawkinson. David Yang of Hawkinson Yang 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

      5670 Wilshire Blvd. Ste. 1800
      Los Angeles, California 90038
      United States

The phone number is 213-634-0370.

The email address is dyang@hycounsel.com

David Yang 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: DAVID YANG. DAVID YANG of HAWKINSON YANG LLP, is located at

      925 N. LA BREA AVE., 4TH FL.
      LOS ANGELES, California 90038
      US

The phone number is 213-634-0370.

The email address is dyang@hycounsel.com; mhawkinson@hycounsel.com; trademark@samba.tv

The applicants proposed correspondence information: David Yang. David Yang of Hawkinson Yang LLP, is located at

      5670 Wilshire Blvd. Ste. 1800
      Los Angeles, California 90038
      United States

The phone number is 213-634-0370.

The email address is dyang@hycounsel.com

ADDITIONAL STATEMENTS
Disclaimer
No claim is made to the exclusive right to use REACH AND FREQUENCY apart from the mark as shown.


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 yang/      Date: 11/12/2019
Signatory's Name: David Yang
Signatory's Position: Attorney of record
Signatory's Phone Number: 2136340341


Response Signature
Signature: /david yang/     Date: 11/12/2019
Signatory's Name: David Yang
Signatory's Position: Attorney of record

Signatory's Phone Number: 2136340341

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 YANG
   HAWKINSON YANG LLP
   
   925 N. LA BREA AVE., 4TH FL.
   LOS ANGELES, California 90038
Mailing Address:    David Yang
   Hawkinson Yang LLP
   5670 Wilshire Blvd. Ste. 1800
   Los Angeles, California 90038
        
Serial Number: 88326906
Internet Transmission Date: Tue Nov 12 21:03:23 EST 2019
TEAS Stamp: USPTO/ROA-XX.XX.XXX.XXX-2019111221032318
0418-88326906-70074573ecf93d59d14df219a2
44db6f2ee62a61d109d8516e2501396c75d7b73d
e-N/A-N/A-20191112205335976378