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. 88381989 IT HAPPENS HERE(Standard Characters, see http://uspto.report/TM/88381989/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 038 for Radio broadcasting services; Television broadcasting services; Entertainment services in the nature of radio segments, television segments, concerts, and events in the fields of music and variety; Hosting of digital music, video, and entertainment content
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: Radio broadcasting services; television broadcasting services; Entertainment services in the nature of radio segments, television segments, concerts, and events in the fields of music and variety; providing access to digital music websites on the Internet; Hosting of digital music, video, and entertainment contentClass 038 for Radio broadcasting services; television broadcasting services; providing access to digital music websites on the Internet
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 hereby adds the following class of goods/services to the application:
New: Class 041 for Entertainment services in the nature of ongoing radio and television segments in the fields of music and variety; entertainment, namely, live music concerts; providing on-line music, not downloadable
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: John Cyril Malloy, III (a member of the Bar of the State of Florida). John Cyril Malloy, III (a member of the Bar of the State of Florida) of MALLOY & MALLOY, P.L., is located at

      2800 S.W. 3RD AVENUE
      MIAMI, Florida 33129
      US
The docket/reference number is 5709.40141.

The phone number is 305-858-8000.

The fax number is 305-858-0008.

The email address is Trademarks@malloylaw.com

The applicants proposed attorney information: John Cyril Malloy, III (a member of the Bar of the State of Florida). Other appointed attorneys are Jennie S. Malloy (a member of the Bar of the State of Florida), Peter A. Matos (a member of the Bar of the State of Florida), John Fulton, Jr. (a member of the Bar of the State of Florida), Oliver A. Ruiz (a member of the Bar of the State of Florida), Meredith Frank Mendez (a member of the Bar of the State of Florida), William John Eagan (a member of the Bar of the State of Florida), Jessica Neer McDonald (a member of the Bar of the State of Florida), Jonathan Woodard (a member of the Bar of the State of Florida), Mary Beth Hasty (a member of the Bar of the State of Florida), and John Vander Wagen ( a member of the Bar of the State of Virginia). John Cyril Malloy, III (a member of the Bar of the State of Florida) of MALLOY & MALLOY, P.L., is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      2800 S.W. 3RD AVENUE
      MIAMI, Florida 33129
      United States
The docket/reference number is 5709.40141.

The phone number is 305-858-8000.

The fax number is 305-858-0008.

The email address is JCMalloy@malloylaw.com

John Cyril Malloy, III (a member of the Bar of the State of Florida) 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: JOHN CYRIL MALLOY, III (A MEMBER OF THE BAR OF THE. JOHN CYRIL MALLOY, III (A MEMBER OF THE BAR OF THE of MALLOY & MALLOY, P.L., is located at

      2800 S.W. 3RD AVENUE
      MIAMI, Florida 33129
      US
The docket/reference number is 5709.40141.

The phone number is 305-858-8000.

The fax number is 305-858-0008.

The email address is jcmalloy@malloylaw.com; Trademarks@malloylaw.com; JNMcDonald@malloylaw.com; Filing@malloylaw.com

The applicants proposed correspondence information: John Cyril Malloy, III (a member of the Bar of the State of Florida). John Cyril Malloy, III (a member of the Bar of the State of Florida) of MALLOY & MALLOY, P.L., is located at

      2800 S.W. 3RD AVENUE
      MIAMI, Florida 33129
      United States
The docket/reference number is 5709.40141.

The phone number is 305-858-8000.

The fax number is 305-858-0008.

The email address is JCMalloy@malloylaw.com; Trademarks@malloylaw.com; Filing@malloylaw.com; JNMcDonald@malloylaw.com

FEE(S)
Fee(s) in the amount of $275 is being submitted.

SIGNATURE(S)
Declaration Signature
The filing Attorney has elected not to submit the signed declaration, believing no supporting declaration is required under the Trademark Rules of Practice.
Response Signature
Signature: /John Cyril Malloy III/     Date: 12/18/2019
Signatory's Name: John Cyril Malloy, III
Signatory's Position: Attorney of record, Florida bar member

Signatory's Phone Number: 305-858-8000

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:    JOHN CYRIL MALLOY, III (A MEMBER OF THE BAR OF THE
   MALLOY & MALLOY, P.L.
   
   2800 S.W. 3RD AVENUE
   MIAMI, Florida 33129
Mailing Address:    John Cyril Malloy, III (a member of the Bar of the State of Florida)
   MALLOY & MALLOY, P.L.
   2800 S.W. 3RD AVENUE
   MIAMI, Florida 33129
        
RAM Sale Number: 88381989
RAM Accounting Date: 12/18/2019
        
Serial Number: 88381989
Internet Transmission Date: Wed Dec 18 10:49:25 EST 2019
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XXX-201912181049250
06426-88381989-700ba602f2240976813244417
73166fa675b82a34ed748bf3ca9b363ae7c7bfc3
-CC-49236655-20191218103852213001