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. 88400893 ECHO(Standard Characters, see http://uspto.report/TM/88400893/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 Arguments and evidence in support of response to office action. has been attached.
Original PDF file:
evi_162219100162-20200109172107662474_._ROA_for_ECHO__88400893_.pdf
Converted PDF file(s) ( 31 pages)
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CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 035 for Entertainment marketing services, namely, marketing, promotion and advertising for recording and performing artists; Dissemination of advertising, promotional and publicity material related to entertainment, recording and performing artists; Advertising and publicity services, namely, promoting the goods, services, brand identity and commercial information and news of recording and performing artists through print, audio, video, digital and on-line mediums and by telecommunications
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 marketing services, namely, marketing, promotion and advertising for recording and performing artists; Dissemination of advertising, promotional and publicity material related to entertainment, recording and performing artists; Advertising and publicity services, namely, promoting the goods, services, brand identity and commercial information and news of recording and performing artists through print, audio, video, digital and on-line mediums and by telecommunications; Advertising and publicity services, namely, promoting the goods, services, brand identity and commercial information and news of recording and performing artists through print, audio, video, digital and on-line mediums and through telecommunications networksClass 035 for Entertainment marketing services, namely, marketing, promotion and advertising for recording and performing artists; Dissemination of advertising, promotional and publicity material related to entertainment, recording and performing artists; Advertising and publicity services, namely, promoting the goods, services, brand identity and commercial information and news of recording and performing artists through print, audio, video, digital and on-line mediums and through telecommunications networks
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 proposes to amend the following class of goods/services in the application:
Current: Class 038 for Delivery of digital music by electronic transmission; Providing access to digital music websites on the Internet; Transmission and delivery of digital music via the Internet; Delivery of music by telecommunications
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: Delivery of digital music by electronic transmission; Providing access to digital music websites on the Internet; Transmission and delivery of digital music via the Internet; Delivery of music by telecommunications; Delivery of music by telecommunications networksClass 038 for Delivery of digital music by electronic transmission; Providing access to digital music websites on the Internet; Transmission and delivery of digital music via the Internet; Delivery of music by telecommunications networks
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 proposes to amend the following class of goods/services in the application:
Current: Class 041 for Production of music; Music video production; Production of films and videos for entertainment purposes; Providing on-line music, non-downloadable; Production of sound and music video recordings; Entertainment services, namely, providing non-downloadable prerecorded music, films, videos, images, messages, and information in the field of music, and commentary and articles about music, all on-line via a global computer network including webpages and by telecommunications
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: Production of music; Music video production; Production of films and videos for entertainment purposes; Providing on-line music, non-downloadable; Production of sound and music video recordings; Entertainment services, namely, providing non-downloadable prerecorded music, films, videos, images, messages, and information in the field of music, and commentary and articles about music, all on-line via a global computer network including webpages and by telecommunications; Entertainment services, namely, providing non-downloadable prerecorded music, films, videos, images, messages, and information in the field of music, and commentary and articles about music, all on-line via a global computer network including webpages and through telecommunications networksClass 041 for Production of music; Music video production; Production of films and videos for entertainment purposes; Providing on-line music, non-downloadable; Production of sound and music video recordings; Entertainment services, namely, providing non-downloadable prerecorded music, films, videos, images, messages, and information in the field of music, and commentary and articles about music, all on-line via a global computer network including webpages and through telecommunications networks
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 AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: The Echo Label Limited, a corporation of United Kingdom, having an address of
      8th Floor, 5 Merchant Square
      London, W21AS
      United Kingdom

Proposed: The Echo Label Limited, private limited company legally organized under the laws of United Kingdom, having an address of
      8th Floor, 5 Merchant Square
      London, W21AS
      United Kingdom

The applicant's current attorney information: Christopher Erickson. Christopher Erickson of TONKON TORP LLP, is located at

      888 SW FIFTH AVE., SUITE 1600
      PORTLAND, Oregon 97204
      US
The docket/reference number is 40664.

The phone number is 503-221-1440.

The email address is trademark@tonkon.com

The applicants proposed attorney information: Christopher Erickson. Christopher Erickson of TONKON TORP LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      888 SW FIFTH AVE., SUITE 1600
      PORTLAND, Oregon 97204
      United States
The docket/reference number is 40664.

The phone number is 503-221-1440.

The email address is trademark@tonkon.com

Christopher Erickson 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: CHRISTOPHER ERICKSON. CHRISTOPHER ERICKSON of TONKON TORP LLP, is located at

      888 SW FIFTH AVE., SUITE 1600
      PORTLAND, Oregon 97204
      US
The docket/reference number is 40664.

The phone number is 503-221-1440.

The email address is trademark@tonkon.com

The applicants proposed correspondence information: Christopher Erickson. Christopher Erickson of TONKON TORP LLP, is located at

      888 SW FIFTH AVE., SUITE 1600
      PORTLAND, Oregon 97204
      United States
The docket/reference number is 40664.

The phone number is 503-221-1440.

The email address is trademark@tonkon.com

SIGNATURE(S)
Response Signature
Signature: /Christopher Erickson/     Date: 01/09/2020
Signatory's Name: Christopher Erickson
Signatory's Position: Attorney of record

Signatory's Phone Number: 503-221-1440

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:    CHRISTOPHER ERICKSON
   TONKON TORP LLP
   
   888 SW FIFTH AVE., SUITE 1600
   PORTLAND, Oregon 97204
Mailing Address:    Christopher Erickson
   TONKON TORP LLP
   888 SW FIFTH AVE., SUITE 1600
   PORTLAND, Oregon 97204
        
Serial Number: 88400893
Internet Transmission Date: Thu Jan 09 18:08:06 EST 2020
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.XXX-20200109180806
220766-88400893-700b5ec46ac118246f8f6c5a
1875ba973ca5d5fc1e6652624a27b1f054da015a
7-N/A-N/A-20200109172107662474