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 |
88462944 |
| LAW OFFICE ASSIGNED |
LAW OFFICE 101 |
| MARK SECTION |
| MARK |
http://uspto.report/TM/88462944/mark.png |
| LITERAL ELEMENT |
CLAVICLES |
| 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. |
| EVIDENCE SECTION |
EVIDENCE
FILE NAME(S) |
\\TICRS\EXPORT18\IMAGEOUT 18\884\629\88462944\xml1\ ROA0002.JPG |
| |
\\TICRS\EXPORT18\IMAGEOUT 18\884\629\88462944\xml1\ ROA0003.JPG |
| |
\\TICRS\EXPORT18\IMAGEOUT 18\884\629\88462944\xml1\ ROA0004.JPG |
| |
\\TICRS\EXPORT18\IMAGEOUT 18\884\629\88462944\xml1\ ROA0005.JPG |
| |
\\TICRS\EXPORT18\IMAGEOUT 18\884\629\88462944\xml1\ ROA0006.JPG |
| DESCRIPTION OF EVIDENCE FILE |
The evidence submitted is pertaining to the Office Action Response which states, "Registration is refused because the specimen does not show the
applied-for mark in use in commerce in connection with any of the goods and/or services specified in International Class(es) 9 and 41 in the application or amendment to allege use". This evidence
submitted shows the use of the name, Clavicles, in use on two separate CD releases, on a T-Shirt, and on a tour poster. Also included is a sign that we display at our concerts advertising the
aforementioned CD's and T-Shirts. |
| GOODS AND/OR SERVICES SECTION (016)(class deleted) |
| GOODS AND/OR SERVICES SECTION (041)(current) |
| INTERNATIONAL CLASS |
041 |
| DESCRIPTION |
| Educa. Goods: Musical sound recordings and audio-visual recordings featuring music and musical based entertainment. Services: Musical
Entertainment Services Rendered by a Vocal and Instrumental Group |
| FILING BASIS |
Section 1(a) |
| FIRST USE ANYWHERE DATE |
At least as early as 12/26/2016 |
| FIRST USE IN COMMERCE DATE |
At least as early as 12/26/2016 |
| GOODS AND/OR SERVICES SECTION (041)(proposed) |
| INTERNATIONAL CLASS |
041 |
| TRACKED TEXT DESCRIPTION |
Educa. Goods: Musical sound recordings and audio-visual recordings featuring music and musical based
entertainment. Services: Musical Entertainment Services Rendered by a Vocal and Instrumental Group; Visual and audio recordings featuring music; Entertainment services in the nature of live musical performances. |
| FINAL DESCRIPTION |
| Visual and audio recordings featuring music; Entertainment services in the nature of live musical performances. |
| FILING BASIS |
Section 1(a) |
| FIRST USE ANYWHERE DATE |
At least as early as 12/26/2016 |
| FIRST USE IN COMMERCE DATE |
At least as early as 12/26/2016 |
| SIGNATURE SECTION |
| RESPONSE SIGNATURE |
/Brian Lee/ |
| SIGNATORY'S NAME |
Brian Lee |
| SIGNATORY'S POSITION |
Owner |
| SIGNATORY'S PHONE NUMBER |
6097787939 |
| DATE SIGNED |
02/12/2020 |
| AUTHORIZED SIGNATORY |
YES |
| RESPONSE SIGNATURE |
/Daisy Castro/ |
| SIGNATORY'S NAME |
Daisy Castro |
| SIGNATORY'S POSITION |
Owner |
| DATE SIGNED |
02/12/2020 |
| AUTHORIZED SIGNATORY |
YES |
| FILING INFORMATION SECTION |
| SUBMIT DATE |
Wed Feb 12 00:42:12 EST 2020 |
| TEAS STAMP |
USPTO/ROA-XX.XXX.XXX.XXX-
20200212004212602792-8846
2944-7003356f5f8bf1f51afd
af8f6ed85e7d6df11c2d8ef3c
28ad0d824a1ec19c1c-N/A-N/
A-20200211235828196498 |
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.
88462944 CLAVICLES(Standard Characters, see http://uspto.report/TM/88462944/mark.png) has been amended as follows:
EVIDENCE
Evidence in the nature of The evidence submitted is pertaining to the Office Action Response which states, "Registration is refused because the specimen does not show the applied-for mark in use in
commerce in connection with any of the goods and/or services specified in International Class(es) 9 and 41 in the application or amendment to allege use". This evidence submitted shows the use of the
name, Clavicles, in use on two separate CD releases, on a T-Shirt, and on a tour poster. Also included is a sign that we display at our concerts advertising the aforementioned CD's and T-Shirts. has
been attached.
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant hereby deletes the following class of goods/services from the application.
Class 016 for Paper Goods and Printed Material
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 041 for Educa. Goods: Musical sound recordings and audio-visual recordings featuring music and musical based entertainment. Services: Musical Entertainment Services Rendered by
a Vocal and Instrumental Group
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 12/26/2016 and first used in commerce at least as early as 12/26/2016 , and
is now in use in such commerce.
Proposed:
Tracked Text Description: Educa. Goods: Musical sound recordings and audio-visual recordings featuring music and musical based entertainment. Services: Musical
Entertainment Services Rendered by a Vocal and Instrumental Group;
Visual and audio recordings featuring music;
Entertainment services in the nature of live musical performances.Class 041 for Visual and audio recordings featuring music; Entertainment services in the nature of live musical
performances.
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 12/26/2016 and first used in commerce at least as early as 12/26/2016 , and
is now in use in such commerce.
SIGNATURE(S)
Response Signature
Signature: /Brian Lee/ Date: 02/12/2020
Signatory's Name: Brian Lee
Signatory's Position: Owner
Signatory's Phone Number: 6097787939
Response Signature
Signature: /Daisy Castro/ Date: 02/12/2020
Signatory's Name: Daisy Castro
Signatory's Position: Owner
The signatory has confirmed that he/she is not represented by an authorized attorney, and that he/she is either: (1) the owner/holder ; or (2) a person or persons with legal authority to bind the
owner/holder; and if he/she had previously been represented by an attorney in this matter, either he/she revoked their power of attorney by filing a signed revocation with the USPTO or the USPTO has
granted this attorney's withdrawal request.
Serial Number: 88462944
Internet Transmission Date: Wed Feb 12 00:42:12 EST 2020
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XXX-202002120042126
02792-88462944-7003356f5f8bf1f51afdaf8f6
ed85e7d6df11c2d8ef3c28ad0d824a1ec19c1c-N
/A-N/A-20200211235828196498
