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. 88359236 FYRE FESTIVAL(Standard Characters, see http://uspto.report/TM/88359236/mark.png) has been amended as follows:

ARGUMENT(S)
In response to the substantive refusal(s), please note the following:

Please see the actual argument text attached within the Evidence section.

EVIDENCE
Evidence in the nature of Applicant's Response to Office Action has been attached.
Original PDF file:
evi_206173105194-20191206161918158921_._FYRE_FESTIVAL_88359236.pdf
Converted PDF file(s) ( 3 pages)
Evidence-1
Evidence-2
Evidence-3

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 041 for Entertainment services in the nature of musical and arts events and festivals; entertainment services, namely, organizing and producing musical and arts events and festivals; providing podcasts in the field of music and entertainment; multimedia entertainment services in the nature of development, recording, production and post-production services in the fields of music, video and films; provision of information relating to live performances, road shows, live stage events, theatrical performances, live music concerts and audience participation in such events; providing a website featuring information on music, musical and arts events and festivals
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: Entertainment services in the nature of musical and arts events and festivals; Entertainment services in the nature organizing live musical concerts, arts events, and festivals featuring live musical performances and art; entertainment services, namely, organizing and producing musical and arts events and festivals; entertainment services, namely, organizing and producing live musical concerts, live music festivals, and arts events; providing podcasts in the field of music and entertainment; multimedia entertainment services in the nature of development, recording, production and post-production services in the fields of music, video and films; provision of information relating to live performances, road shows, live stage events, theatrical performances, live music concerts and audience participation in such events; providing a website featuring information on music, musical and arts events and festivals; providing a website featuring information on music, musical and arts events and festivals.Class 041 for Entertainment services in the nature organizing live musical concerts, arts events, and festivals featuring live musical performances and art; entertainment services, namely, organizing and producing live musical concerts, live music festivals, and arts events; providing podcasts in the field of music and entertainment; multimedia entertainment services in the nature of development, recording, production and post-production services in the fields of music, video and films; provision of information relating to live performances, road shows, live stage events, theatrical performances, live music concerts and audience participation in such events; providing a website featuring information on music, musical and arts events and festivals.
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.

The applicant's current attorney information: Andrea L. Calvaruso. Andrea L. Calvaruso of KELLEY DRYE & WARREN LLP, is located at

      101 PARK AVENUE
      NEW YORK, New York 10178
      US

The phone number is 212-808-7800.

The fax number is 212-808-7897.

The email address is trademarks@kelleydrye.com

The applicants proposed attorney information: Andrea L. Calvaruso. Other appointed attorneys are Patricia L. Werner and all other authorized attorneys of Kelley Drye & Warren LLP. Andrea L. Calvaruso of KELLEY DRYE & WARREN 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

      101 PARK AVENUE
      NEW YORK, New York 10178
      United States

The phone number is 212-808-7800.

The fax number is 212-808-7897.

The email address is trademarks@kelleydrye.com

Andrea L. Calvaruso 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: ANDREA L. CALVARUSO. ANDREA L. CALVARUSO of KELLEY DRYE & WARREN LLP, is located at

      101 PARK AVENUE
      NEW YORK, New York 10178
      US

The phone number is 212-808-7800.

The fax number is 212-808-7897.

The email address is trademarks@kelleydrye.com; ccastro@kelleydrye.com

The applicants proposed correspondence information: Andrea L. Calvaruso. Andrea L. Calvaruso of KELLEY DRYE & WARREN LLP, is located at

      101 PARK AVENUE
      NEW YORK, New York 10178
      United States

The phone number is 212-808-7800.

The fax number is 212-808-7897.

The email address is trademarks@kelleydrye.com; ccastro@kelleydrye.com

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


SIGNATURE(S)
Response Signature
Signature: /Patricia L. Werner/     Date: 12/06/2019
Signatory's Name: Patricia L. Werner
Signatory's Position: Attorney of record, New York Bar member

Signatory's Phone Number: 212-808-7800

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:    ANDREA L. CALVARUSO
   KELLEY DRYE & WARREN LLP
   
   101 PARK AVENUE
   NEW YORK, New York 10178
Mailing Address:    Andrea L. Calvaruso
   KELLEY DRYE & WARREN LLP
   101 PARK AVENUE
   NEW YORK, New York 10178
        
Serial Number: 88359236
Internet Transmission Date: Fri Dec 06 16:24:26 EST 2019
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.XXX-20191206162426
859505-88359236-7004a68c3d8a9fcc83759bc2
dfd7dfc32e4e6ac394e8ad7827620357bb454ee3
-N/A-N/A-20191206161918158921