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. 88337227 AUDIO GO (Stylized and/or with Design, see http://uspto.report/TM/88337227/mark.png) has been amended as follows:

EVIDENCE
Evidence in the nature of PDF of arguments has been attached.
Original PDF file:
evi_1-839136204-20190829170429819299_._AUDIOGO_OAR.pdf
Converted PDF file(s) ( 1 page)
Evidence-1

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 042 for Software as a service; Software as a service featuring an online platform, namely, a demand-side platform (DSP) that allows users to bid on and buy digital audio advertising inventory and manage advertising exchange and data exchange accounts; Software as a service featuring an online platform for placement of digital audio advertising on the internet, internet radio, podcast, simulcast streams, and on-demand audio content; Software as a service featuring an online platform that allows users to programmatically implement, optimize, and measure digital audio advertising; Software as a service featuring an online platform for distribution of digital audio advertising materials on internet radio, podcasts, simulcast streams, and on-demand audio content; Software as a service featuring an online platform for measuring, reporting, and tracking advertising performance; Software as a service featuring an online platform for measuring, reporting, tracking and billing of advertising expenditures
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.

In International Class 042, the mark was first used at least as early as 04/00/2019 and first used in commerce at least as early as 04/00/2019 .

Proposed:
Tracked Text Description: Software as a service; Software as a service featuring an online platform, namely, a demand-side platform (DSP) that allows users to bid on and buy digital audio advertising inventory and manage advertising exchange and data exchange accounts; Software as a service featuring an online platform for placement of digital audio advertising on the internet, internet radio, podcast, simulcast streams, and on-demand audio content; Software as a service featuring an online platform that allows users to programmatically implement, optimize, and measure digital audio advertising; Software as a service featuring an online platform for distribution of digital audio advertising materials on internet radio, podcasts, simulcast streams, and on-demand audio content; Software as a service featuring an online platform for measuring, reporting, and tracking advertising performance; Software as a service featuring an online platform for measuring, reporting, tracking and billing of advertising expendituresClass 042 for Software as a service featuring an online platform, namely, a demand-side platform (DSP) that allows users to bid on and buy digital audio advertising inventory and manage advertising exchange and data exchange accounts; Software as a service featuring an online platform for placement of digital audio advertising on the internet, internet radio, podcast, simulcast streams, and on-demand audio content; Software as a service featuring an online platform that allows users to programmatically implement, optimize, and measure digital audio advertising; Software as a service featuring an online platform for distribution of digital audio advertising materials on internet radio, podcasts, simulcast streams, and on-demand audio content; Software as a service featuring an online platform for measuring, reporting, and tracking advertising performance; Software as a service featuring an online platform for measuring, reporting, tracking and billing of advertising expenditures
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 042, the mark was first used at least as early as 04/00/2019 . and first used in commerce at least as early as 04/00/2019 .

SIGNATURE(S)
Response Signature
Signature: /Matthew S. Slevin/     Date: 08/29/2019
Signatory's Name: Matthew S. Slevin
Signatory's Position: Attorney of record, California bar member

Signatory's Phone Number: 650-988-8500

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.

        
Serial Number: 88337227
Internet Transmission Date: Fri Aug 30 12:22:43 EDT 2019
TEAS Stamp: USPTO/ROA-X.XX.XXX.XXX-20190830122243399
985-88337227-6107f92f638420e11160d7e7ac5
6c4bee770eb5a405bdc77963c484c1d1ce7a729-
N/A-N/A-20190829170429819299