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 |
88452777 |
| LAW OFFICE ASSIGNED |
LAW OFFICE 101 |
| MARK SECTION |
| MARK FILE NAME |
http://uspto.report/TM/88452777/mark.png |
| LITERAL ELEMENT |
RX MUSIC |
| STANDARD CHARACTERS |
NO |
| USPTO-GENERATED IMAGE |
NO |
COLOR(S) CLAIMED
(If applicable) |
Color is not claimed as a feature of the mark. |
DESCRIPTION OF THE MARK
(and Color Location, if applicable) |
The mark consists of several intersecting and parallel lines forming a stylized geometric shape with words "RX MUSIC" below the design
element. |
| GOODS AND/OR SERVICES SECTION (current) |
| INTERNATIONAL CLASS |
009 |
| DESCRIPTION |
| Downloadable computer software for playback of customized music and video content for bars, restaurants, casinos, fitness clubs,
offices, retail outlets and other businesses; Computer application software for mobile phones, tablets, computers and other devices, namely, software for use in the provision and management of
background music, video content, custom music programming and development of digital signage for businesses and retail outlets |
| FILING BASIS |
Section 1(a) |
| FIRST USE ANYWHERE DATE |
At least as early as 03/26/2018 |
| FIRST USE IN COMMERCE DATE |
At least as early as 03/26/2018 |
| GOODS AND/OR SERVICES SECTION (proposed) |
| INTERNATIONAL CLASS |
009 |
| TRACKED TEXT DESCRIPTION |
Downloadable computer software for playback of customized music and video content for bars, restaurants, casinos,
fitness clubs, offices, retail outlets and other businesses; Computer application software for mobile phones, tablets, computers and other devices, namely,
software for use in the provision and management of background music, video content, custom music programming and development of digital signage for businesses and retail outlets; downloadable computer application software for mobile phones, tablets, computers and other devices for use in the provision and management of background music, video content,
custom music programming and development of digital signage for businesses and retail outlets |
| FINAL DESCRIPTION |
| Downloadable computer software for playback of customized music and video content for bars, restaurants, casinos, fitness clubs,
offices, retail outlets and other businesses; downloadable computer application software for mobile phones, tablets, computers and other devices for use in the provision and management of background
music, video content, custom music programming and development of digital signage for businesses and retail outlets |
| FILING BASIS |
Section 1(a) |
| FIRST USE ANYWHERE DATE |
At least as early as 03/26/2018 |
| FIRST USE IN COMMERCE DATE |
At least as early as 03/26/2018 |
| ADDITIONAL STATEMENTS SECTION |
| DISCLAIMER |
No claim is made to the exclusive right to use MUSIC apart from the mark as shown. |
DESCRIPTION OF THE MARK
(and Color Location, if applicable) |
The mark consists of several intersecting and parallel lines forming a stylized geometric shape resembling a letter M with the words "RX MUSIC"
below the design element. |
| SIGNIFICANCE OF MARK |
RX appearing in the mark has no significance nor is it a term of art in the relevant trade or industry or as used in connection with the
goods/services/collective membership organization listed in the application, or any geographical significance. |
| ATTORNEY SECTION (current) |
| NAME |
Sharon H. Schick |
| ATTORNEY BAR MEMBERSHIP NUMBER |
NOT SPECIFIED |
| YEAR OF ADMISSION |
NOT SPECIFIED |
| U.S. STATE/ COMMONWEALTH/ TERRITORY |
NOT SPECIFIED |
| FIRM NAME |
CAPLIN & DRYSDALE, CHTD. |
| INTERNAL ADDRESS |
SUITE 1100 |
| STREET |
1 THOMAS CIRCLE, NW |
| CITY |
WASHINGTON |
| STATE |
District of Columbia |
| POSTAL CODE |
20005 |
| COUNTRY |
US |
| PHONE |
202-862-7856 |
| FAX |
202-429-3301 |
| EMAIL |
sschick@capdale.com |
| AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
| DOCKET/REFERENCE NUMBER |
6262.003 |
| ATTORNEY SECTION (proposed) |
| NAME |
Sharon H. Schick |
| ATTORNEY BAR MEMBERSHIP NUMBER |
XXX |
| YEAR OF ADMISSION |
XXXX |
| U.S. STATE/ COMMONWEALTH/ TERRITORY |
XX |
| FIRM NAME |
CAPLIN & DRYSDALE, CHTD. |
| INTERNAL ADDRESS |
SUITE 1100 |
| STREET |
1 THOMAS CIRCLE, NW |
| CITY |
WASHINGTON |
| STATE |
District of Columbia |
| POSTAL CODE |
20005 |
| COUNTRY |
United States |
| PHONE |
202-862-7856 |
| FAX |
202-429-3301 |
| EMAIL |
sschick@capdale.com |
| AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
| DOCKET/REFERENCE NUMBER |
6262.001 |
| OTHER APPOINTED ATTORNEY |
William M. Klimon |
| CORRESPONDENCE SECTION (current) |
| NAME |
SHARON H. SCHICK |
| FIRM NAME |
CAPLIN & DRYSDALE, CHTD. |
| INTERNAL ADDRESS |
SUITE 1100 |
| STREET |
1 THOMAS CIRCLE, NW |
| CITY |
WASHINGTON |
| STATE |
District of Columbia |
| POSTAL CODE |
20005 |
| COUNTRY |
US |
| PHONE |
202-862-7856 |
| FAX |
202-429-3301 |
| EMAIL |
sschick@capdale.com; ipdocketing@capdale.com |
| AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
| DOCKET/REFERENCE NUMBER |
6262.003 |
| CORRESPONDENCE SECTION (proposed) |
| NAME |
Sharon H. Schick |
| FIRM NAME |
CAPLIN & DRYSDALE, CHTD. |
| INTERNAL ADDRESS |
SUITE 1100 |
| STREET |
1 THOMAS CIRCLE, NW |
| CITY |
WASHINGTON |
| STATE |
District of Columbia |
| POSTAL CODE |
20005 |
| COUNTRY |
United States |
| PHONE |
202-862-7856 |
| FAX |
202-429-3301 |
| EMAIL |
sschick@capdale.com; ipdocketing@capdale.com |
| AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
| DOCKET/REFERENCE NUMBER |
6262.001 |
| SIGNATURE SECTION |
| RESPONSE SIGNATURE |
/Sharon H. Schick/ |
| SIGNATORY'S NAME |
Sharon H. Schick |
| SIGNATORY'S POSITION |
Attorney of record, D.C. bar member |
| SIGNATORY'S PHONE NUMBER |
202-862-7856 |
| DATE SIGNED |
10/24/2019 |
| AUTHORIZED SIGNATORY |
YES |
| FILING INFORMATION SECTION |
| SUBMIT DATE |
Thu Oct 24 15:30:55 EDT 2019 |
| TEAS STAMP |
USPTO/ROA-XXX.XXX.X.XX-20
191024153055159614-884527
77-610b6f4c0e4bc608ead951
1434264c117054d59da0a05aa
88833656aaa9d2318ee-N/A-N
/A-20191024135838773973 |
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.
88452777 RX MUSIC (Stylized and/or with Design, see http://uspto.report/TM/88452777/mark.png) has been amended as follows:
CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 009 for Downloadable computer software for playback of customized music and video content for bars, restaurants, casinos, fitness clubs, offices, retail outlets and other
businesses; Computer application software for mobile phones, tablets, computers and other devices, namely, software for use in the provision and management of background music, video content, custom
music programming and development of digital signage for businesses and retail outlets
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 03/26/2018 and first used in commerce at least as early as 03/26/2018 , and
is now in use in such commerce.
Proposed:
Tracked Text Description: Downloadable computer software for playback of customized music and video content for bars, restaurants, casinos, fitness clubs, offices, retail
outlets and other businesses;
Computer application software for mobile phones, tablets, computers and other devices, namely, software for use in the provision
and management of background music, video content, custom music programming and development of digital signage for businesses and retail outlets;
downloadable
computer application software for mobile phones, tablets, computers and other devices for use in the provision and management of background music, video content, custom music programming and
development of digital signage for businesses and retail outletsClass 009 for Downloadable computer software for playback of customized music and video content for bars, restaurants, casinos,
fitness clubs, offices, retail outlets and other businesses; downloadable computer application software for mobile phones, tablets, computers and other devices for use in the provision and management
of background music, video content, custom music programming and development of digital signage for businesses and retail outlets
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 03/26/2018 and first used in commerce at least as early as 03/26/2018 , and
is now in use in such commerce.
The applicant's current attorney information: Sharon H. Schick. Sharon H. Schick of CAPLIN & DRYSDALE, CHTD., is located at
SUITE 1100
1 THOMAS CIRCLE, NW
WASHINGTON, District of Columbia 20005
US
The docket/reference number is 6262.003.
The phone number is 202-862-7856.
The fax number is 202-429-3301.
The email address is sschick@capdale.com
The applicants proposed attorney information: Sharon H. Schick. Other appointed attorneys are William M. Klimon. Sharon H. Schick of CAPLIN & DRYSDALE, CHTD., is a member of the XX bar,
admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
SUITE 1100
1 THOMAS CIRCLE, NW
WASHINGTON, District of Columbia 20005
United States
The docket/reference number is 6262.001.
The phone number is 202-862-7856.
The fax number is 202-429-3301.
The email address is sschick@capdale.com
Sharon H. Schick 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: SHARON H. SCHICK. SHARON H. SCHICK of CAPLIN & DRYSDALE, CHTD., is located at
SUITE 1100
1 THOMAS CIRCLE, NW
WASHINGTON, District of Columbia 20005
US
The docket/reference number is 6262.003.
The phone number is 202-862-7856.
The fax number is 202-429-3301.
The email address is sschick@capdale.com; ipdocketing@capdale.com
The applicants proposed correspondence information: Sharon H. Schick. Sharon H. Schick of CAPLIN & DRYSDALE, CHTD., is located at
SUITE 1100
1 THOMAS CIRCLE, NW
WASHINGTON, District of Columbia 20005
United States
The docket/reference number is 6262.001.
The phone number is 202-862-7856.
The fax number is 202-429-3301.
The email address is sschick@capdale.com; ipdocketing@capdale.com
ADDITIONAL STATEMENTS
Disclaimer
No claim is made to the exclusive right to use MUSIC apart from the mark as shown.
Description of mark
The mark consists of several intersecting and parallel lines forming a stylized geometric shape resembling a letter M with the words "RX MUSIC" below the design element.
Significance of wording, letter(s), or numeral(s)
RX appearing in the mark has no significance nor is it a term of art in the relevant trade or industry or as used in connection with the goods/services/collective membership organization listed in
the application, or any geographical significance.
SIGNATURE(S)
Response Signature
Signature: /Sharon H. Schick/ Date: 10/24/2019
Signatory's Name: Sharon H. Schick
Signatory's Position: Attorney of record, D.C. bar member
Signatory's Phone Number: 202-862-7856
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: SHARON H. SCHICK
CAPLIN & DRYSDALE, CHTD.
SUITE 1100
1 THOMAS CIRCLE, NW
WASHINGTON, District of Columbia 20005
Mailing Address: Sharon H. Schick
CAPLIN & DRYSDALE, CHTD.
SUITE 1100
1 THOMAS CIRCLE, NW
WASHINGTON, District of Columbia 20005
Serial Number: 88452777
Internet Transmission Date: Thu Oct 24 15:30:55 EDT 2019
TEAS Stamp: USPTO/ROA-XXX.XXX.X.XX-20191024153055159
614-88452777-610b6f4c0e4bc608ead95114342
64c117054d59da0a05aa88833656aaa9d2318ee-
N/A-N/A-20191024135838773973