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. 88383999 TIKTOK(Standard Characters, see http://uspto.report/TM/88383999/mark.png) has been amended as follows:

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

US Application Serial No. 88066616 was abandoned on May 28, 2019. Therefore, it no longer presents a bar to the registration of the applicant's mark. Accordingly, applicant hereby requests the potential 2(d) refusal be withdrawn.

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, namely, providing an online interactive database of videos and user generated content containing digital images, photos, text, graphics, music, audio, video clips, multimedia content, and visual and audio performances; providing music videos over the Internet or other communications networks
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 80/2/2180 and first used in commerce at least as early as 08/02/2018 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Entertainment services, namely, providing an online interactive database of videos and user generated content containing digital images, photos, text, graphics, music, audio, video clips, multimedia content, and visual and audio performances; providing music videos over the Internet or other communications networks; Providing non-downloadable music videos over the Internet or other communications networks.Class 041 for Entertainment services, namely, providing an online interactive database of videos and user generated content containing digital images, photos, text, graphics, music, audio, video clips, multimedia content, and visual and audio performances; Providing non-downloadable music videos over the Internet or other communications networks.
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 08/02/2018 and first used in commerce at least as early as 08/02/2018 , and is now in use in such commerce.
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 042 for Creating a virtual environment in the nature of an online community for registered users to create, produce, edit, manipulate, transmit, share, and comment on videos or other electronic media
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 80/2/2180 and first used in commerce at least as early as 08/02/2018 , and is now in use in such commerce.

Proposed: Class 042 for Creating a virtual environment in the nature of an online community for registered users to create, produce, edit, manipulate, transmit, share, and comment on videos or other electronic media
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 08/02/2018 and first used in commerce at least as early as 08/02/2018 , and is now in use in such commerce.
The applicant's current attorney information: Jacqueline M. Lesser. Jacqueline M. Lesser of BAKER & HOSTETLER LLP, is located at

      CIRA CENTRE, 12TH FLOOR
      2929 ARCH STREET
      PHILADELPHIA, Pennsylvania 19104-2891
      US
The docket/reference number is 107114.00132.

The phone number is 215-568-3100.

The fax number is 215-568-3439.

The email address is bhipdocket@bakerlaw.com

The applicants proposed attorney information: Jacqueline M. Lesser. Other appointed attorneys are (Miranda) Aiqing Wang, Nancy Rubner Frandsen, Lesley Grossberg, Kevin M. Bovard, Lisa B. Gehman. Jacqueline M. Lesser of Baker & Hostetler 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

      Cira Centre, 12th Floor
      2929 Arch street
      Philadelphia, Pennsylvania 19104-2891
      United States
The docket/reference number is 107114.00132.

The phone number is 215-568-3100.

The fax number is 215-568-3439.

The email address is bhipdocket@bakerlaw.com

Jacqueline M. Lesser 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: JACQUELINE M. LESSER. JACQUELINE M. LESSER of BAKER & HOSTETLER LLP, is located at

      CIRA CENTRE, 12TH FLOOR
      2929 ARCH STREET
      PHILADELPHIA, Pennsylvania 19104-2891
      US
The docket/reference number is 107114.00132.

The phone number is 215-568-3100.

The fax number is 215-568-3439.

The email address is bhipdocket@bakerlaw.com; mwang@bakerlaw.com; jlesser@bakerlaw.com; ahsu@bakerlaw.com

The applicants proposed correspondence information: Jacqueline M. Lesser. Jacqueline M. Lesser of Baker & Hostetler LLP, is located at

      Cira Centre, 12th Floor
      2929 Arch street
      Philadelphia, Pennsylvania 19104-2891
      United States
The docket/reference number is 107114.00132.

The phone number is 215-568-3100.

The fax number is 215-568-3439.

The email address is bhipdocket@bakerlaw.com; jlesser@bakerlaw.com; mwang@bakerlaw.com; ahsu@bakerlaw.com

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: /Jacqueline M. Lesser/      Date: 10/10/2019
Signatory's Name: Jacqueline M. Lesser
Signatory's Position: Attorney of record, PA bar member
Signatory's Phone Number: 215-568-3100


Response Signature
Signature: /Jacqueline M. Lesser/     Date: 10/10/2019
Signatory's Name: Jacqueline M. Lesser
Signatory's Position: Attorney of Record, PA Bar

Signatory's Phone Number: 215-564-2155

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:    JACQUELINE M. LESSER
   BAKER & HOSTETLER LLP
   CIRA CENTRE, 12TH FLOOR
   2929 ARCH STREET
   PHILADELPHIA, Pennsylvania 19104-2891
Mailing Address:    Jacqueline M. Lesser
   Baker & Hostetler LLP
   Cira Centre, 12th Floor
   2929 Arch street
   Philadelphia, Pennsylvania 19104-2891
        
Serial Number: 88383999
Internet Transmission Date: Thu Oct 10 12:54:28 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XX-2019101012542880
5726-88383999-61010247dc8ba17d98d3758136
f3f53134f9ef8a147398730be773fd543f4e7-N/
A-N/A-20191010101654563169