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 |
88384990 |
| LAW OFFICE ASSIGNED |
LAW OFFICE 113 |
| MARK SECTION |
| MARK |
http://uspto.report/TM/88384990/mark.png |
| LITERAL ELEMENT |
CHEYENNE NEWS NOW |
| 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. |
| ARGUMENT(S) |
| The cited applicant, Gray Television Group, Inc. merged into the current Applicant, Gray Media Group, Inc. on 05/01/2019 as evidenced by the
attached merger document. See Exhibit A, Merger Document. As such, the Applicant is the owner of the cited application 87/942,552. |
| EVIDENCE SECTION |
| EVIDENCE FILE NAME(S) |
| ORIGINAL PDF FILE |
evi_41418131-20190930131056101482_._GRAY_MEDIA_GROUP__INC.-DE-Merger__Survivor_.pdf |
CONVERTED PDF FILE(S)
(2 pages) |
\\TICRS\EXPORT17\IMAGEOUT17\883\849\88384990\xml5\ROA0002.JPG |
| |
\\TICRS\EXPORT17\IMAGEOUT17\883\849\88384990\xml5\ROA0003.JPG |
| DESCRIPTION OF EVIDENCE FILE |
Exhibit A: Merger Document |
| GOODS AND/OR SERVICES SECTION (current) |
| INTERNATIONAL CLASS |
041 |
| DESCRIPTION |
| entertainment services, namely, ongoing audio and video series broadcast, streamed and transmitted over television, cable, satellite,
and subscription services and broadcast, streamed and transmitted over the internet and global computer network to digital, wireless, and mobile devices in the field of news, weather, traffic, and
community interest stories; providing a website featuring audio, video, and information in the field of news, weather, traffic and community interest stories and publishing and sharing such audio,
video, and information over social media |
| FILING BASIS |
Section 1(a) |
| FIRST USE ANYWHERE DATE |
At least as early as 04/09/2019 |
| FIRST USE IN COMMERCE DATE |
At least as early as 04/09/2019 |
| GOODS AND/OR SERVICES SECTION (proposed) |
| INTERNATIONAL CLASS |
041 |
| TRACKED TEXT DESCRIPTION |
entertainment services, namely, ongoing audio and video series broadcast, streamed and transmitted over
television, cable, satellite, and subscription services and broadcast, streamed and transmitted over the internet and global computer network to digital, wireless, and mobile devices in the field of
news, weather, traffic, and community interest stories; entertainment services, namely, ongoing audio and video series broadcast, streamed and transmitted over
television, cable, satellite, and subscription services and broadcast, streamed and transmitted over the internet, social media internet websites, and global computer network to digital, wireless,
and mobile devices in the field of news, weather, traffic, and community interest stories; providing a website featuring audio, video, and information in the
field of news, weather, traffic and community interest stories and publishing and sharing such audio, video, and information over social media; providing a
website featuring articles and non-downloadable audio and video clips in the field of current events news, weather, traffic and community interest stories; publishing articles and non-downloadable audio and video clips in the field of current events news, weather, traffic and community interest stories over the internet, social media internet
websites and global computer network |
| FINAL DESCRIPTION |
| entertainment services, namely, ongoing audio and video series broadcast, streamed and transmitted over television, cable, satellite,
and subscription services and broadcast, streamed and transmitted over the internet, social media internet websites, and global computer network to digital, wireless, and mobile devices in the field
of news, weather, traffic, and community interest stories; providing a website featuring articles and non-downloadable audio and video clips in the field of current events news, weather, traffic and
community interest stories; publishing articles and non-downloadable audio and video clips in the field of current events news, weather, traffic and community interest stories over the internet,
social media internet websites and global computer network |
| FILING BASIS |
Section 1(a) |
| FIRST USE ANYWHERE DATE |
At least as early as 04/09/2019 |
| FIRST USE IN COMMERCE DATE |
At least as early as 04/09/2019 |
| ADDITIONAL STATEMENTS SECTION |
| DISCLAIMER |
No claim is made to the exclusive right to use CHEYENNE NEWS apart from the mark as shown. |
| MISCELLANEOUS STATEMENT |
Applicant is the owner of Application Serial No. 87/942,552 |
| ATTORNEY SECTION (current) |
| NAME |
Pam P Smith |
| ATTORNEY BAR MEMBERSHIP NUMBER |
NOT SPECIFIED |
| YEAR OF ADMISSION |
NOT SPECIFIED |
| U.S. STATE/ COMMONWEALTH/ TERRITORY |
NOT SPECIFIED |
| FIRM NAME |
BALCH & BINGHAM LLP |
| STREET |
1901 SIXTH AVE N, SUITE 1500 |
| CITY |
BIRMINGHAM |
| STATE |
Alabama |
| POSTAL CODE |
35203 |
| COUNTRY |
US |
| PHONE |
205-226-3404 |
| FAX |
205-488-5891 |
| EMAIL |
ppsmith@balch.com |
| AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
| ATTORNEY SECTION (proposed) |
| NAME |
Pam P Smith |
| ATTORNEY BAR MEMBERSHIP NUMBER |
XXX |
| YEAR OF ADMISSION |
XXXX |
| U.S. STATE/ COMMONWEALTH/ TERRITORY |
XX |
| FIRM NAME |
BALCH & BINGHAM LLP |
| STREET |
1901 SIXTH AVE N, SUITE 1500 |
| CITY |
BIRMINGHAM |
| STATE |
Alabama |
| POSTAL CODE |
35203 |
| COUNTRY |
United States |
| PHONE |
205-226-3404 |
| FAX |
205-488-5891 |
| EMAIL |
ppsmith@balch.com |
| AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
| CORRESPONDENCE SECTION (current) |
| NAME |
PAM P SMITH |
| FIRM NAME |
BALCH & BINGHAM LLP |
| STREET |
1901 SIXTH AVE N, SUITE 1500 |
| CITY |
BIRMINGHAM |
| STATE |
Alabama |
| POSTAL CODE |
35203 |
| COUNTRY |
US |
| PHONE |
205-226-3404 |
| FAX |
205-488-5891 |
| EMAIL |
ppsmith@balch.com |
| AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
| CORRESPONDENCE SECTION (proposed) |
| NAME |
Pam P Smith |
| FIRM NAME |
BALCH & BINGHAM LLP |
| STREET |
1901 SIXTH AVE N, SUITE 1500 |
| CITY |
BIRMINGHAM |
| STATE |
Alabama |
| POSTAL CODE |
35203 |
| COUNTRY |
United States |
| PHONE |
205-226-3404 |
| FAX |
205-488-5891 |
| EMAIL |
ppsmith@balch.com |
| AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
| SIGNATURE SECTION |
| RESPONSE SIGNATURE |
/ppsmith/ |
| SIGNATORY'S NAME |
Pam P Smith |
| SIGNATORY'S POSITION |
Attorney of record, Alabama bar member |
| SIGNATORY'S PHONE NUMBER |
2052263404 |
| DATE SIGNED |
09/30/2019 |
| AUTHORIZED SIGNATORY |
YES |
| FILING INFORMATION SECTION |
| SUBMIT DATE |
Mon Sep 30 13:16:57 EDT 2019 |
| TEAS STAMP |
USPTO/ROA-X.XX.XX.XXX-201
90930131657959722-8838499
0-610cf9ec4dd85d10207859f
4e3bff5b1d8b799c4e34789a2
dec7e37123e4d30c2-N/A-N/A
-20190930131056101482 |
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.
88384990 CHEYENNE NEWS NOW(Standard Characters, see http://uspto.report/TM/88384990/mark.png) has been amended as follows:
ARGUMENT(S)
In response to the substantive refusal(s), please note the following:
The cited applicant, Gray Television Group, Inc. merged into the current Applicant, Gray Media Group, Inc. on 05/01/2019 as evidenced by the attached merger document. See Exhibit A, Merger Document.
As such, the Applicant is the owner of the cited application 87/942,552.
EVIDENCE
Evidence in the nature of Exhibit A: Merger Document has been attached.
Original PDF file:
evi_41418131-20190930131056101482_._GRAY_MEDIA_GROUP__INC.-DE-Merger__Survivor_.pdf
Converted PDF file(s) ( 2 pages)
Evidence-1
Evidence-2
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, ongoing audio and video series broadcast, streamed and transmitted over television, cable, satellite, and subscription services and
broadcast, streamed and transmitted over the internet and global computer network to digital, wireless, and mobile devices in the field of news, weather, traffic, and community interest stories;
providing a website featuring audio, video, and information in the field of news, weather, traffic and community interest stories and publishing and sharing such audio, video, and information over
social 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 04/09/2019 and first used in commerce at least as early as 04/09/2019 , and
is now in use in such commerce.
Proposed:
Tracked Text Description: entertainment services, namely, ongoing audio and video series broadcast, streamed and transmitted over television, cable, satellite,
and subscription services and broadcast, streamed and transmitted over the internet and global computer network to digital, wireless, and mobile devices in the field of news, weather, traffic, and
community interest stories;
entertainment services, namely, ongoing audio and video series broadcast, streamed and transmitted over television, cable, satellite,
and subscription services and broadcast, streamed and transmitted over the internet, social media internet websites, and global computer network to digital, wireless, and mobile devices in the field
of news, weather, traffic, and community interest stories;
providing a website featuring audio, video, and information in the field of news, weather, traffic
and community interest stories and publishing and sharing such audio, video, and information over social media;
providing a website featuring articles and
non-downloadable audio and video clips in the field of current events news, weather, traffic and community interest stories;
publishing articles and
non-downloadable audio and video clips in the field of current events news, weather, traffic and community interest stories over the internet, social media internet websites and global computer
networkClass 041 for entertainment services, namely, ongoing audio and video series broadcast, streamed and transmitted over television, cable, satellite, and subscription services and
broadcast, streamed and transmitted over the internet, social media internet websites, and global computer network to digital, wireless, and mobile devices in the field of news, weather, traffic, and
community interest stories; providing a website featuring articles and non-downloadable audio and video clips in the field of current events news, weather, traffic and community interest stories;
publishing articles and non-downloadable audio and video clips in the field of current events news, weather, traffic and community interest stories over the internet, social media internet websites
and global computer network
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 04/09/2019 and first used in commerce at least as early as 04/09/2019 , and
is now in use in such commerce.
The applicant's current attorney information: Pam P Smith. Pam P Smith of BALCH & BINGHAM LLP, is located at
1901 SIXTH AVE N, SUITE 1500
BIRMINGHAM, Alabama 35203
US
The phone number is 205-226-3404.
The fax number is 205-488-5891.
The email address is ppsmith@balch.com
The applicants proposed attorney information: Pam P Smith. Pam P Smith of BALCH & BINGHAM LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located
at
1901 SIXTH AVE N, SUITE 1500
BIRMINGHAM, Alabama 35203
United States
The phone number is 205-226-3404.
The fax number is 205-488-5891.
The email address is ppsmith@balch.com
Pam P Smith 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: PAM P SMITH. PAM P SMITH of BALCH & BINGHAM LLP, is located at
1901 SIXTH AVE N, SUITE 1500
BIRMINGHAM, Alabama 35203
US
The phone number is 205-226-3404.
The fax number is 205-488-5891.
The email address is ppsmith@balch.com
The applicants proposed correspondence information: Pam P Smith. Pam P Smith of BALCH & BINGHAM LLP, is located at
1901 SIXTH AVE N, SUITE 1500
BIRMINGHAM, Alabama 35203
United States
The phone number is 205-226-3404.
The fax number is 205-488-5891.
The email address is ppsmith@balch.com
ADDITIONAL STATEMENTS
Disclaimer
No claim is made to the exclusive right to use CHEYENNE NEWS apart from the mark as shown.
Miscellaneous Statement
Applicant is the owner of Application Serial No. 87/942,552
SIGNATURE(S)
Response Signature
Signature: /ppsmith/ Date: 09/30/2019
Signatory's Name: Pam P Smith
Signatory's Position: Attorney of record, Alabama bar member
Signatory's Phone Number: 2052263404
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: PAM P SMITH
BALCH & BINGHAM LLP
1901 SIXTH AVE N, SUITE 1500
BIRMINGHAM, Alabama 35203
Mailing Address: Pam P Smith
BALCH & BINGHAM LLP
1901 SIXTH AVE N, SUITE 1500
BIRMINGHAM, Alabama 35203
Serial Number: 88384990
Internet Transmission Date: Mon Sep 30 13:16:57 EDT 2019
TEAS Stamp: USPTO/ROA-X.XX.XX.XXX-201909301316579597
22-88384990-610cf9ec4dd85d10207859f4e3bf
f5b1d8b799c4e34789a2dec7e37123e4d30c2-N/
A-N/A-20190930131056101482
