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. 88479672 HB (Stylized and/or with Design, see http://uspto.report/TM/88479672/mark.png) has been amended as follows:

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



EVIDENCE
Evidence in the nature of Heartbeat Distributors Logo Response to Office Action; Exhibit A, Screenshot of Applicant's Home Page; Exhibit B, Screenshot of Harley Benton Page from Registrant's Website has been attached.
Original PDF file:
evi_26014834300a09089502be6a5f06-20200310212553189483_._Heartbeat_Distributors_Response_to_Office_Action.pdf
Converted PDF file(s) ( 8 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Evidence-6
Evidence-7
Evidence-8
Original PDF file:
evi_26014834300a09089502be6a5f06-20200310212553189483_._Exhibit_A__Screenshot_of_Applicant_s_Home_Page.pdf
Converted PDF file(s) ( 4 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Original PDF file:
evi_26014834300a09089502be6a5f06-20200310212553189483_.___Screenshot_of_Harley_Benton_Page_from_Registrant_s_Website.pdf
Converted PDF file(s) ( 18 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Evidence-6
Evidence-7
Evidence-8
Evidence-9
Evidence-10
Evidence-11
Evidence-12
Evidence-13
Evidence-14
Evidence-15
Evidence-16
Evidence-17
Evidence-18

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following:
Current: Class 015 for Cymbals, drums, drum sets, snare drums, drum sticks; hand percussion instruments; congas, bongos, djembes; music hardware, namely, stands, pedals, storage bags; musical instrument cases for drums, guitars, hardware, cymbals, drum sticks
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 12/00/2018 and first used in commerce at least as early as 12/00/2018 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Cymbals, drums, drum sets, snare drums, drum sticks; Cymbals; drums; congas, bongos, djembes; drum sets; music hardware, namely, stands, pedals, storage bags; snare drums; musical instrument cases for drums, guitars, hardware, cymbals, drum sticks; drum sticks; hand percussion instruments; conga drums; bongo drums; djembes; musical instrument accessories, namely, stands, pedals for musical instruments, and storage bags; musical instrument cases for drums, guitars, hardware being pedals for musical instruments, cymbals, and drum sticksClass 015 for Cymbals; drums; drum sets; snare drums; drum sticks; hand percussion instruments; conga drums; bongo drums; djembes; musical instrument accessories, namely, stands, pedals for musical instruments, and storage bags; musical instrument cases for drums, guitars, hardware being pedals for musical instruments, cymbals, and drum sticks
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 12/00/2018 and first used in commerce at least as early as 12/00/2018 , and is now in use in such commerce.
Applicant proposes to amend the following:
Current: Class 035 for Wholesale and retail sale and distribution of musical instruments and music equipment
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 12/00/2018 and first used in commerce at least as early as 12/00/2018 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Wholesale and retail sale and distribution of musical instruments and music equipment; Wholesale store services, retail store services, and distribution of samples for publicity purposes all in the fields of musical instruments and music equipmentClass 035 for Wholesale store services, retail store services, and distribution of samples for publicity purposes all in the fields of musical instruments and music equipment
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 12/00/2018 and first used in commerce at least as early as 12/00/2018 , and is now in use in such commerce.
OWNER AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: Heartbeat Distributors Ltd a(n) limited company (ltd.), legally organized under the laws of Canada, having an address of
      10656 Chestnut Place
      Surrey, V4N1W4
      Canada

Proposed: Heartbeat Distributors Ltd, limited company (ltd.) legally organized under the laws of Canada, having an address of
      10656 Chestnut Place
      Surrey, V4N1W4
      Canada
      Email Address: clients@trust-tree.com
Correspondence Information (current):
      KEVIN P. HARTLEY
      PRIMARY EMAIL FOR CORRESPONDENCE: kevin@trust-tree.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): docket@trust-tree.com
Correspondence Information (proposed):
      Kevin P. Hartley
      PRIMARY EMAIL FOR CORRESPONDENCE: kevin@trust-tree.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): docket@trust-tree.com

Requirement for Email and Electronic Filing: I understand that a valid email address must be maintained by the owner/holder and the owner's/holder's attorney, if appointed, and that all official trademark correspondence must be submitted via the Trademark Electronic Application System (TEAS).

SIGNATURE(S)
Response Signature
Signature: /Kevin P. Hartley/     Date: 03/10/2020
Signatory's Name: Hartley, Kevin P.
Signatory's Position: Attorney of Record, Tennessee Bar Member

Signatory's Phone Number: 6154690451

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:    KEVIN P. HARTLEY
   Trust Tree Legal, P.C.
   
   798 Berry Road #41400
   Nashville, Tennessee 37204
Mailing Address:    Kevin P. Hartley
   Trust Tree Legal, P.C.
   798 Berry Road #41400
   Nashville, Tennessee 37204
        
Serial Number: 88479672
Internet Transmission Date: Tue Mar 10 21:42:51 ET 2020
TEAS Stamp: USPTO/ROA-XXXX:XXX:XXXX:XX:XXXX:XXXX:XXX
X:XXX-20200310214251734824-88479672-710c
ffb5265882e201bd959660295788535056739c9d
be1fd449d91e407a8db9e5-N/A-N/A-202003102
12553189483