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. 88422702 HOUSE (Stylized and/or with Design, see http://uspto.report/TM/88422702/mark.png) has been amended as follows:

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

The Section 2(e)(1) refusal to register is obviated due to the request that the application be amended to assert a claim of acquired distinctiveness under Section 2(f), included herein.

As specified herein, (a) the identifications of services for the Class 35, Class 36, and Class 41 services are amended to conform, in general, to the trademark examining attorney's suggested identification, and (b) services in Class 43 are added to conform to the trademark examining attorney's suggested identification.

The Miscellaneous Statement set forth in the application may be deleted, as the dates of first use have been amended by this Response, thereby eliminating the need for the Miscellaneous Statement.

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 035 for promotional, advertising and digital media marketing services, namely, promoting the sale of the goods and services of others via the Internet; promoting live entertainment events for others and merchandise related thereto; business marketing and consulting services in the fields of music, news and entertainment; management of professional artists, musicians and media talent; business management, event management services and business marketing and consulting services in the field of sports, news and entertainment; advertising, marketing and promotional services related to all industries for the purpose of facilitating networking and socializing opportunities for business purposes; development of marketing strategies, concepts and tactics, namely, audience development, brand awareness, online community building and digital word of mouth communications; experiential, event and live advertising; promoting the goods and services of others by arranging for businesses to affiliate their goods and services with the goods and services of third parties by means of sponsorship arrangements and license agreements; event management services, namely, providing marketing, promotion and organization of special events; marketing services, namely, development of marketing strategies, concepts and tactics, namely, audience development, brand awareness, online community building and digital word of mouth and social media communications; post-production editing services for video and audio commercials; preparing advertisements for others, namely, preparing video advertising and promotional videos for commercial use via the internet and television, digital cable and video-on-demand or download; producing promotional videotapes, video discs and audio visual recordings; providing collaborative co-working facilities equipped with recording studios, sound studios, photo studios, screening rooms, film, television and audio editing labs, conference rooms and music rehearsal rooms; promoting public awareness of equality and human rights, arts, education and culture, health and wellness, the planet Earth, community engagement, and shelter, safety and security
Original Filing Basis:
Filing Basis: Section 1(a), Use in Commerce: For all applications: The mark is in use in commerce and was in use in commerce as of the application filing date. The provided specimen shows the mark in use in commerce (see specimen statement below). For a collective trademark, collective service mark, collective membership mark, 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 application filing date. 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. The mark was first used at least as early as 00/00/2010 and first used in commerce at least as early as 00/00/2010 , and is now in use in such commerce.

Proposed:
Tracked Text Description: promotional, advertising and digital media marketing services, namely, promoting the sale of the goods and services of others via the Internet; promoting live entertainment events for others and merchandise related thereto; business marketing and consulting services in the fields of music, news and entertainment; management of professional artists, musicians and media talent; business management, event management services and business marketing and consulting services in the field of sports, news and entertainment; advertising, marketing and promotional services related to all industries for the purpose of facilitating networking and socializing opportunities for business purposes; development of marketing strategies, concepts and tactics, namely, audience development, brand awareness, online community building and digital word of mouth communications; experiential, event and live advertising; promoting the goods and services of others by arranging for businesses to affiliate their goods and services with the goods and services of third parties by means of sponsorship arrangements and license agreements; event management services, namely, providing marketing, promotion and organization of special events; marketing services, namely, development of marketing strategies, concepts and tactics, namely, audience development, brand awareness, online community building and digital word of mouth and social media communications; post-production editing services for video and audio commercials; preparing advertisements for others, namely, preparing video advertising and promotional videos for commercial use via the internet and television, digital cable and video-on-demand or download; producing promotional videotapes, video discs and audio visual recordings; providing collaborative co-working facilities equipped with recording studios, sound studios, photo studios, screening rooms, film, television and audio editing labs, conference rooms and music rehearsal rooms; (First Use and Use In Commerce 08/30/2018 promoting public awareness of equality and human rights, arts, education and culture, health and wellness, the planet Earth, community engagement, and shelter, safety and security); promoting public awareness of equality and human rights, arts, education and culture, health and wellness, the planet Earth, community engagement, and shelter, safety and securityClass 035 for promotional, advertising and digital media marketing services, namely, promoting the sale of the goods and services of others via the Internet; promoting live entertainment events for others and merchandise related thereto; business marketing and consulting services in the fields of music, news and entertainment; management of professional artists, musicians and media talent; business management, event management services and business marketing and consulting services in the field of sports, news and entertainment; advertising, marketing and promotional services related to all industries for the purpose of facilitating networking and socializing opportunities for business purposes; development of marketing strategies, concepts and tactics, namely, audience development, brand awareness, online community building and digital word of mouth communications; experiential, event and live advertising; promoting the goods and services of others by arranging for businesses to affiliate their goods and services with the goods and services of third parties by means of sponsorship arrangements and license agreements; event management services, namely, providing marketing, promotion and organization of special events; marketing services, namely, development of marketing strategies, concepts and tactics, namely, audience development, brand awareness, online community building and digital word of mouth and social media communications; post-production editing services for video and audio commercials; preparing advertisements for others, namely, preparing video advertising and promotional videos for commercial use via the internet and television, digital cable and video-on-demand or download; producing promotional videotapes, video discs and audio visual recordings; (First Use and Use In Commerce 08/30/2018 promoting public awareness of equality and human rights, arts, education and culture, health and wellness, the planet Earth, community engagement, and shelter, safety and security)
Filing Basis: Section 1(a), Use in Commerce:For all applications: The mark is in use in commerce and was in use in commerce as of the application filing date. The provided specimen shows the mark in use in commerce (see specimen statement below). For a collective trademark, collective service mark, collective membership mark, 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 application filing date. 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. The mark was first used at least as early as 00/00/2012 and first used in commerce at least as early as 00/00/2012 , and is now in use in such commerce.
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 036 for charitable foundation services, namely, providing fundraising activities and investment management services to support medical education and research and procedures for those in need; charitable foundation services, namely, providing fundraising activities to support medical research and procedures for those in need; charitable foundation services, namely, providing fundraising activities, funding, scholarships and/or financial assistance for promoting public awareness of equality and human rights, arts, education and culture, health and wellness, the planet Earth, community engagement, and shelter, safety and security; charitable foundation services, namely, providing fundraising activities, supplemental funding, capital improvement funding, scholarships and financial assistance for programs and services of others
Original Filing Basis:
Filing Basis: Section 1(a), Use in Commerce: For all applications: The mark is in use in commerce and was in use in commerce as of the application filing date. The provided specimen shows the mark in use in commerce (see specimen statement below). For a collective trademark, collective service mark, collective membership mark, 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 application filing date. 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. The mark was first used at least as early as 08/30/2018 and first used in commerce at least as early as 08/30/2018 , and is now in use in such commerce.

Proposed:
Tracked Text Description: charitable foundation services, namely, providing fundraising activities and investment management services to support medical education and research and procedures for those in need; rental of offices for co-working; (First Use and Use In Commerce 08/30/2018 charitable foundation services, namely, providing fundraising activities and investment management services to support medical education and research and procedures for those in need; charitable foundation services, namely, providing fundraising activities to support medical research and procedures for those in need; charitable foundation services, namely, providing fundraising activities, supplemental funding, capital improvement funding, scholarships and financial assistance for programs and services of others; charitable foundation services, namely, providing fundraising activities, funding, scholarships and/or financial assistance for promoting public awareness of equality and human rights, arts, education and culture, health and wellness, the planet Earth, community engagement, and shelter, safety and security; charitable foundation services, namely, providing fundraising activities, supplemental funding, capital improvement funding, scholarships and financial assistance for programs and services of others)Class 036 for rental of offices for co-working; (First Use and Use In Commerce 08/30/2018 charitable foundation services, namely, providing fundraising activities and investment management services to support medical education and research and procedures for those in need; charitable foundation services, namely, providing fundraising activities to support medical research and procedures for those in need; charitable foundation services, namely, providing fundraising activities, funding, scholarships and/or financial assistance for promoting public awareness of equality and human rights, arts, education and culture, health and wellness, the planet Earth, community engagement, and shelter, safety and security; charitable foundation services, namely, providing fundraising activities, supplemental funding, capital improvement funding, scholarships and financial assistance for programs and services of others)
Filing Basis: Section 1(a), Use in Commerce:For all applications: The mark is in use in commerce and was in use in commerce as of the application filing date. The provided specimen shows the mark in use in commerce (see specimen statement below). For a collective trademark, collective service mark, collective membership mark, 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 application filing date. 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. The mark was first used at least as early as 09/01/2010 and first used in commerce at least as early as 09/01/2010 , and is now in use in such commerce.
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 041 for entertainment services, namely, presentation and production of live musical and audio visual performances by an individual or group entertainment, namely, live music concerts; entertainment information services, namely, providing information and news releases about musical artists; entertainment services in the nature of arranging social entertainment events; entertainment services in the nature of development, creation, production and post-production services of multimedia entertainment content; entertainment services, namely, production and distribution of television shows, internet shows and motion pictures; digital audio and video recording, production and editing via various platforms across multiple forms of transmission media services; digital video, audio, and multimedia publishing, recording and distribution services; entertainment media production services for motion pictures, television and the internet; multimedia entertainment services in the nature of development, recording production and post-production services in the fields of music, video and films
Original Filing Basis:
Filing Basis: Section 1(a), Use in Commerce: For all applications: The mark is in use in commerce and was in use in commerce as of the application filing date. The provided specimen shows the mark in use in commerce (see specimen statement below). For a collective trademark, collective service mark, collective membership mark, 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 application filing date. 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. The mark was first used at least as early as 00/00/2012 and first used in commerce at least as early as 00/00/2012 , and is now in use in such commerce.

Proposed:
Tracked Text Description: entertainment services, namely, presentation and production of live musical and audio visual performances by an individual or group entertainment, namely, live music concerts; rental of recording studios; rental of sound recording studios; rental of photography studios; rental of audio, video, and film production studios; rental of audio, video, and film editing lab studios; rental of audio, video and film screening rooms; rental of music rehearsal facilities; (First Use and Use In Commerce 00/00/2012 entertainment services, namely, presentation and production of live musical and audio visual performances by an individual or group entertainment, namely, live music concerts; multimedia entertainment services in the nature of development, recording production and post-production services in the fields of music, video and films; entertainment information services, namely, providing information and news releases about musical artists; entertainment services in the nature of arranging social entertainment events; entertainment services in the nature of development, creation, production and post-production services of multimedia entertainment content; entertainment services, namely, production and distribution of television shows, internet shows and motion pictures; digital audio and video recording, production and editing via various platforms across multiple forms of transmission media services; digital video, audio, and multimedia publishing, recording and distribution services; entertainment media production services for motion pictures, television and the internet; multimedia entertainment services in the nature of development, recording production and post-production services in the fields of music, video and films)Class 041 for rental of recording studios; rental of sound recording studios; rental of photography studios; rental of audio, video, and film production studios; rental of audio, video, and film editing lab studios; rental of audio, video and film screening rooms; rental of music rehearsal facilities; (First Use and Use In Commerce 00/00/2012 entertainment services, namely, presentation and production of live musical and audio visual performances by an individual or group entertainment, namely, live music concerts; entertainment information services, namely, providing information and news releases about musical artists; entertainment services in the nature of arranging social entertainment events; entertainment services in the nature of development, creation, production and post-production services of multimedia entertainment content; entertainment services, namely, production and distribution of television shows, internet shows and motion pictures; digital audio and video recording, production and editing via various platforms across multiple forms of transmission media services; digital video, audio, and multimedia publishing, recording and distribution services; entertainment media production services for motion pictures, television and the internet; multimedia entertainment services in the nature of development, recording production and post-production services in the fields of music, video and films)
Filing Basis: Section 1(a), Use in Commerce:For all applications: The mark is in use in commerce and was in use in commerce as of the application filing date. The provided specimen shows the mark in use in commerce (see specimen statement below). For a collective trademark, collective service mark, collective membership mark, 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 application filing date. 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. The mark was first used at least as early as 09/01/2010 and first used in commerce at least as early as 09/01/2010 , and is now in use in such commerce.
Applicant hereby adds the following class of goods/services to the application:
New: Class 043 for rental of conference rooms
Filing Basis: Section 1(a), Use in Commerce: For all applications: The mark is in use in commerce and was in use in commerce as of the application filing date. The provided specimen shows the mark in use in commerce (see specimen statement below). For a collective trademark, collective service mark, collective membership mark, 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 application filing date. 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. The mark was first used at least as early as 09/01/2010 and first used in commerce at least as early as 09/01/2010 , and is now in use in such commerce.
Applicant hereby submits a specimen for Class 043 . The specimen(s) submitted consists of flyer distributed to musical artists .
"The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing date of the application"[for an application based on Section 1(a), Use in Commerce] OR "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce prior either to the filing of the Amendment to Allege Use or expiration of the filing deadline for filing a Statement of Use" [for an application based on Section 1(b) Intent-to-Use]. OR "The attached specimen is a true copy of the specimen that was originally submitted with the application, amendment to allege use, or statement of use" [for an illegible specimen].
Original PDF file:
SPN0-7611421572-20191029112800066284_._6.0_House_Studios.pdf
Converted PDF file(s) ( 1 page)
Specimen File1

The applicant's current attorney information: Brian L. Alpert. Brian L. Alpert of SILVER, FREEDMAN, TAFF & TIERNAN LLP, is located at

      3299 K ST NW STE 100
      WASHINGTON, District of Columbia 20007-4444
      US

The phone number is 202-295-4522.

The fax number is 202-337-5502.

The email address is bla@sfttlaw.com

The applicants proposed attorney information: Brian L. Alpert. Brian L. Alpert of SILVER, FREEDMAN, TAFF & TIERNAN LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      3299 K ST NW STE 100
      WASHINGTON, District of Columbia 20007-4444
      United States
The docket/reference number is #02906.0002.

The phone number is 202-295-4522.

The fax number is 202-337-5502.

The email address is bla@sfttlaw.com

Brian L. Alpert 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: BRIAN L. ALPERT. BRIAN L. ALPERT of SILVER, FREEDMAN, TAFF & TIERNAN LLP, is located at

      3299 K ST NW STE 100
      WASHINGTON, District of Columbia 20007-4444
      US

The phone number is 202-295-4522.

The fax number is 202-337-5502.

The email address is bla@sfttlaw.com

The applicants proposed correspondence information: Brian L. Alpert. Brian L. Alpert of SILVER, FREEDMAN, TAFF & TIERNAN LLP, is located at

      3299 K ST NW STE 100
      WASHINGTON, District of Columbia 20007-4444
      United States
The docket/reference number is #02906.0002.

The phone number is 202-295-4522.

The fax number is 202-337-5502.

The email address is bla@sfttlaw.com

ADDITIONAL STATEMENTS
Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 5855268, 5855275, 5855289, and others.


Miscellaneous Statement
Please delete the miscellaneous statement of record.


SECTION 2(f) Claim of Acquired Distinctiveness, based on Active Prior Registration(s)
The mark has become distinctive of the goods/services as evidenced by the ownership on the Principal Register for the same mark for sufficiently similar goods/services of active U.S. Registration No(s). 5855268 5855275 5855289 5855316 5866099


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: /bla/     Date: 10/29/2019
Signatory's Name: Brian L. Alpert
Signatory's Position: Attorney of record, MD and DC bar member

Signatory's Phone Number: 202-295-4522

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:    BRIAN L. ALPERT
   SILVER, FREEDMAN, TAFF & TIERNAN LLP
   
   3299 K ST NW STE 100
   WASHINGTON, District of Columbia 20007-4444
Mailing Address:    Brian L. Alpert
   SILVER, FREEDMAN, TAFF & TIERNAN LLP
   3299 K ST NW STE 100
   WASHINGTON, District of Columbia 20007-4444
        
RAM Sale Number: 88422702
RAM Accounting Date: 10/29/2019
        
Serial Number: 88422702
Internet Transmission Date: Tue Oct 29 12:16:33 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XX-2019102912163371
0521-88422702-7003037bbddff95c04101130eb
386ce5de18b53576636ade5b76fd0571bd201f-C
C-16312536-20191029112800066284