Response to Office Action

MOTHERHOOD SESSIONS

GIMLET MEDIA 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 88327533
LAW OFFICE ASSIGNED LAW OFFICE 106
MARK SECTION
MARK mark
LITERAL ELEMENT MOTHERHOOD SESSIONS
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 GIMLET MEDIA LLC
MAILING ADDRESS 41 FLATBUSH AVENUE, 7TH FLOOR
CITY BROOKLYN
STATE New York
ZIP/POSTAL CODE 11217
COUNTRY/REGION/JURISDICTION/U.S. TERRITORY United States
OWNER SECTION (proposed)
NAME GIMLET MEDIA LLC
MAILING ADDRESS 41 FLATBUSH AVENUE, 7TH FLOOR
CITY BROOKLYN
STATE New York
ZIP/POSTAL CODE 11217
COUNTRY/REGION/JURISDICTION/U.S. TERRITORY United States
EMAIL XXXX
GOODS AND/OR SERVICES SECTION (009) (no change)
GOODS AND/OR SERVICES SECTION (041) (current)
INTERNATIONAL CLASS 041
DESCRIPTION
Entertainment services, namely, providing podcasts and non-downloadable audio recordings in the field of entertainment, news, history, relationships, parenting, and general interests; entertainment in the nature of ongoing television shows featuring information in the fields of entertainment, news, history, relationships, parenting, and general interest; entertainment services, namely, providing non-downloadable movies via a video-on-demand service; production and distribution of television shows and movies
        FIRST USE ANYWHERE DATE At least as early as 04/11/2019
        FIRST USE IN COMMERCE DATE At least as early as 04/11/2019
FILING BASIS Section 1(b)
GOODS AND/OR SERVICES SECTION (041) (proposed)
INTERNATIONAL CLASS 041
DESCRIPTION
Entertainment services, namely, providing podcasts and non-downloadable audio recordings in the field of entertainment, news, history, relationships, parenting, and general interests; entertainment in the nature of ongoing television shows featuring information in the fields of entertainment, news, history, relationships, parenting, and general interest; entertainment services, namely, providing non-downloadable movies via a video-on-demand service; production and distribution of television shows and movies
       FIRST USE ANYWHERE DATE At least as early as 04/11/2019
       FIRST USE IN COMMERCE DATE At least as early as 04/11/2019
       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)
       ORIGINAL PDF FILE SPU1-38111352-20200514130 625299863_._Substitute_Sp ecimen.pdf
       CONVERTED PDF FILE(S)
       (2 pages)
\\TICRS\EXPORT18\IMAGEOUT 18\883\275\88327533\xml1\ ROA0002.JPG
        \\TICRS\EXPORT18\IMAGEOUT 18\883\275\88327533\xml1\ ROA0003.JPG
       SPECIMEN DESCRIPTION a screenshot from Applicants website
DELETED FILING BASIS 1(b)
ADDITIONAL STATEMENTS SECTION
MISCELLANEOUS STATEMENT The podcast episodes depicted in the specimen of use submitted on October 28, 2019 can be both downloaded and streamed. Users can either download a copy of the episode (by selecting the downward arrow on the right of the screenshot) or stream a non-downloadable version of the episode (by selecting the "play" button on the left of the screenshot).
CORRESPONDENCE INFORMATION (current)
NAME Douglas R. Wolf
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE drwtrademarks@wolfgreenfield.com
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) sgstrademarks@wolfgreenfield.com
DOCKET/REFERENCE NUMBER G08892001700
CORRESPONDENCE INFORMATION (proposed)
NAME Douglas R. Wolf
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE drwtrademarks@wolfgreenfield.com
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) azstrademarks@wolfgreenfield.com
DOCKET/REFERENCE NUMBER G08892001700
SIGNATURE SECTION
       ORIGINAL PDF FILE HS_38111352-130625299_._S igned_Declaration.pdf
       CONVERTED PDF FILE(S)
       (1 page)
\\TICRS\EXPORT18\IMAGEOUT 18\883\275\88327533\xml1\ ROA0004.JPG
SIGNATORY'S NAME Dagmara Jastrzebska
SIGNATORY'S POSITION Assistant Secretary
RESPONSE SIGNATURE /Amanda Slade/
SIGNATORY'S NAME Amanda Slade
SIGNATORY'S POSITION Associate Attorney, Wolf, Greenfield & Sacks, P.C., Massachusetts Bar Member
SIGNATORY'S PHONE NUMBER 617-646-8193
DATE SIGNED 05/14/2020
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Thu May 14 14:06:52 ET 2020
TEAS STAMP USPTO/ROA-XX.XXX.XX.X-202
00514140652375368-8832753
3-7103a8fef54af5c812b9b55
274558bb3a2238fe9d4cdb47b
78df2eb4b8a84681f7-N/A-N/
A-20200514130625299863



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. 88327533 MOTHERHOOD SESSIONS(Standard Characters, see http://uspto.report/TM/88327533/mark.png) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 041 for Entertainment services, namely, providing podcasts and non-downloadable audio recordings in the field of entertainment, news, history, relationships, parenting, and general interests; entertainment in the nature of ongoing television shows featuring information in the fields of entertainment, news, history, relationships, parenting, and general interest; entertainment services, namely, providing non-downloadable movies via a video-on-demand service; production and distribution of television shows and movies
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.

In International Class 041, the mark was first used at least as early as 04/11/2019 and first used in commerce at least as early as 04/11/2019.


Proposed:
Class 041 for Entertainment services, namely, providing podcasts and non-downloadable audio recordings in the field of entertainment, news, history, relationships, parenting, and general interests; entertainment in the nature of ongoing television shows featuring information in the fields of entertainment, news, history, relationships, parenting, and general interest; entertainment services, namely, providing non-downloadable movies via a video-on-demand service; production and distribution of television shows and movies

Deleted Filing Basis: 1(b)
In International Class 041, the mark was first used at least as early as 04/11/2019 . and first used in commerce at least as early as 04/11/2019 .

Applicant hereby submits one(or more) specimen(s) for Class 041. The specimen(s) submitted consists of a screenshot from Applicants website.
"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].
Original PDF file:
SPU1-38111352-20200514130 625299863_._Substitute_Sp ecimen.pdf
Converted PDF file(s) ( 2 pages) Specimen File1Specimen File2

OWNER AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: GIMLET MEDIA LLC, a limited liability company legally organized under the laws of Delaware, having an address of
      41 FLATBUSH AVENUE, 7TH FLOOR
      BROOKLYN, New York 11217
      United States

Proposed: GIMLET MEDIA LLC, a limited liability company legally organized under the laws of Delaware, having an address of
      41 FLATBUSH AVENUE, 7TH FLOOR
      BROOKLYN, New York 11217
      United States
      Email Address: XXXX

ADDITIONAL STATEMENTS
Miscellaneous Statement
The podcast episodes depicted in the specimen of use submitted on October 28, 2019 can be both downloaded and streamed. Users can either download a copy of the episode (by selecting the downward arrow on the right of the screenshot) or stream a non-downloadable version of the episode (by selecting the "play" button on the left of the screenshot).

Correspondence Information (current):
      Douglas R. Wolf
      PRIMARY EMAIL FOR CORRESPONDENCE: drwtrademarks@wolfgreenfield.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): sgstrademarks@wolfgreenfield.com

The docket/reference number is G08892001700.
Correspondence Information (proposed):
      Douglas R. Wolf
      PRIMARY EMAIL FOR CORRESPONDENCE: drwtrademarks@wolfgreenfield.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): azstrademarks@wolfgreenfield.com

The docket/reference number is G08892001700.

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
Original PDF file:
HS_38111352-130625299_._S igned_Declaration.pdf
Converted PDF file(s) (1 page) Signature File1
Signatory's Name: Dagmara Jastrzebska
Signatory's Position: Assistant Secretary

Response Signature
Signature: /Amanda Slade/     Date: 05/14/2020
Signatory's Name: Amanda Slade
Signatory's Position: Associate Attorney, Wolf, Greenfield & Sacks, P.C., Massachusetts Bar Member

Signatory's Phone Number: 617-646-8193

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:    Douglas R. Wolf
   WOLF, GREENFIELD & SACKS, P.C.
   
   600 ATLANTIC AVENUE
   BOSTON, Massachusetts 02210
Mailing Address:    Douglas R. Wolf
   WOLF, GREENFIELD & SACKS, P.C.
   600 ATLANTIC AVENUE
   BOSTON, Massachusetts 02210
        
Serial Number: 88327533
Internet Transmission Date: Thu May 14 14:06:52 ET 2020
TEAS Stamp: USPTO/ROA-XX.XXX.XX.X-202005141406523753
68-88327533-7103a8fef54af5c812b9b5527455
8bb3a2238fe9d4cdb47b78df2eb4b8a84681f7-N
/A-N/A-20200514130625299863


Response to Office Action [image/jpeg]

Response to Office Action [image/jpeg]

Response to Office Action [image/jpeg]


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