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. 88419719 DCP (Stylized and/or with Design, see http://uspto.report/TM/88419719/mark.png) has been amended as follows:

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

See attached PDF

EVIDENCE
Evidence in the nature of Applicant's Response in PDF has been attached.
Original PDF file:
evi_260420001303c048484bf5556c6fa3cf-20200122163055381906_._DCP_OAR.pdf
Converted PDF file(s) ( 6 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Evidence-6

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, production and distribution of television programs and motion picture films; Production of pre-recorded audio and video cassettes, pre-recorded audio and video tapes, and pre-recorded audio and video discs, CDs, DVDs and VCDs featuring musical performances, documentaries, dance performances, scripted comedy and drama stories, reality shows, awards shows and game shows; providing online non-downloadable multimedia entertainment content in the field of television, audio and video entertainment via a global communications network; providing online information and blogs in the field of television, audio and video entertainment via a global communications network, multimedia production of television and movie programming featuring musical performances, documentaries, dance performances, scripted comedy and drama stories, reality shows, awards shows and game shows
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, namely, production and distribution of television programs and motion picture films; Production of pre-recorded audio and video cassettes, pre-recorded audio and video tapes, and pre-recorded audio and video discs, CDs, DVDs and VCDs featuring musical performances, documentaries, dance performances, scripted comedy and drama stories, reality shows, awards shows and game shows; providing online non-downloadable multimedia entertainment content in the field of television, audio and video entertainment via a global communications network; providing online information and blogs in the field of television, audio and video entertainment via a global communications network, multimedia production of television and movie programming featuring musical performances, documentaries, dance performances, scripted comedy and drama stories, reality shows, awards shows and game shows; none of the above relating to Digital Cinema PackagesClass 041 for Entertainment services, namely, production and distribution of television programs and motion picture films; Production of pre-recorded audio and video cassettes, pre-recorded audio and video tapes, and pre-recorded audio and video discs, CDs, DVDs and VCDs featuring musical performances, documentaries, dance performances, scripted comedy and drama stories, reality shows, awards shows and game shows; providing online non-downloadable multimedia entertainment content in the field of television, audio and video entertainment via a global communications network; providing online information and blogs in the field of television, audio and video entertainment via a global communications network, multimedia production of television and movie programming featuring musical performances, documentaries, dance performances, scripted comedy and drama stories, reality shows, awards shows and game shows; none of the above relating to Digital Cinema Packages
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: Darren B. Cohen. Darren B. Cohen of REED SMITH LLP, is located at

      599 LEXINGTON AVENUE
      NEW YORK, New York 10022
      US
The docket/reference number is 363712.20002.

The phone number is 212-549-0346.

The email address is dcohen@reedsmith.com

The applicants proposed attorney information: Darren B. Cohen. Darren B. Cohen of REED SMITH LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      599 LEXINGTON AVENUE
      NEW YORK, New York 10022
      United States
The docket/reference number is 363712.20002.

The phone number is 212-549-0346.

The email address is dcohen@reedsmith.com

Darren B. Cohen 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: DARREN B. COHEN. DARREN B. COHEN of REED SMITH LLP, is located at

      599 LEXINGTON AVENUE
      NEW YORK, New York 10022
      US
The docket/reference number is 363712.20002.

The phone number is 212-549-0346.

The email address is dcohen@reedsmith.com; nycipdocketing@reedsmith.com

The applicants proposed correspondence information: Darren B. Cohen. Darren B. Cohen of REED SMITH LLP, is located at

      599 LEXINGTON AVENUE
      NEW YORK, New York 10022
      United States
The docket/reference number is 363712.20002.

The phone number is 212-549-0346.

The email address is dcohen@reedsmith.com; nycip@reedsmith.com

ADDITIONAL STATEMENTS
Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 1493611, 3685452, 4577397, and others.


SIGNATURE(S)
Response Signature
Signature: /Darren B. Cohen/     Date: 01/22/2020
Signatory's Name: Darren B. Cohen
Signatory's Position: Attorney of Record, New York State Bar Member

Signatory's Phone Number: (212) 549-0346

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:    DARREN B. COHEN
   REED SMITH LLP
   
   599 LEXINGTON AVENUE
   NEW YORK, New York 10022
Mailing Address:    Darren B. Cohen
   REED SMITH LLP
   599 LEXINGTON AVENUE
   NEW YORK, New York 10022
        
Serial Number: 88419719
Internet Transmission Date: Wed Jan 22 16:38:45 EST 2020
TEAS Stamp: USPTO/ROA-XXXX:XXXX:XXXX:XXXX:XXXX:XXXX:
XXXX:XXXX-20200122163845820817-88419719-
700bc132dab485f85bbde303ec5bb1f1dddd2ad1
c17d26eb285b47e7857aee61-N/A-N/A-2020012
2163055381906