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 09/30/2020)

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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 09/30/2020)

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 88479672 HB (Stylized and/or with Design, see http://tmng-al.uspto.gov /resting2/api/img/8847967 2/large) has been amended as follows:

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

Response attached as PDF

EVIDENCE
Evidence has been attached: Response to Office Action and Exhibits 1 & 2
Original PDF file:
evi_26014834300a0691229b8 559cef2c-2020100313482408 1731_._Exhibit_1__Registr ation_Certificates_for_HB _Marks.pdf
Converted PDF file(s) ( 14 pages) Evidence-1Evidence-2Evidence-3Evidence-4Evidence-5Evidence-6Evidence-7Evidence-8Evidence-9Evidence-10Evidence-11Evidence-12Evidence-13Evidence-14
Original PDF file:
evi_26014834300a0691229b8 559cef2c-2020100313482408 1731_._Exhibit_2__Screens hot_of_Applicant_s_Home_P age.pdf
Converted PDF file(s) ( 7 pages) Evidence-1Evidence-2Evidence-3Evidence-4Evidence-5Evidence-6Evidence-7
Original PDF file:
evi_1-26014834300a0691229 b8559cef2c-20201003134824 081731_._HB_Heart_Design_ Logo_Response_to_Second_O ffice_Action.pdf
Converted PDF file(s) ( 6 pages) Evidence-1Evidence-2Evidence-3Evidence-4Evidence-5Evidence-6

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; 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.


Proposed:
Class 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 hereby submits one(or more) specimen(s) for Class 015. The specimen(s) submitted consists of Photographs.
"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].
Specimen File1
Specimen File2
Specimen File3
Specimen File4
Specimen File5
Specimen File6

Applicant proposes to amend the following:

Current:
Class 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.


Proposed:
Class 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.
Applicant hereby submits one(or more) specimen(s) for Class 035. The specimen(s) submitted consists of Screenshots.
"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:
SPU1-26014834300a0691229b 8559cef2c-202010031348240 81731_._HB_-_Services_Spe cimen__1_.pdf
Converted PDF file(s) ( 7 pages) Specimen File1Specimen File2Specimen File3Specimen File4Specimen File5Specimen File6Specimen File7
Original PDF file:
SPU1-26014834300a0691229b 8559cef2c-202010031348240 81731_._HB_-_Services_Spe cimen__2_.pdf
Converted PDF file(s) ( 3 pages) Specimen File1Specimen File2Specimen File3
Original PDF file:
SPU1-26014834300a0691229b 8559cef2c-202010031348240 81731_._HB_-_Services_Spe cimen__3_.pdf
Converted PDF file(s) ( 4 pages) Specimen File1Specimen File2Specimen File3Specimen File4
Original PDF file:
SPU1-26014834300a0691229b 8559cef2c-202010031348240 81731_._HB_-_Services_Spe cimen__4_.pdf
Converted PDF file(s) ( 17 pages) Specimen File1Specimen File2Specimen File3Specimen File4Specimen File5Specimen File6Specimen File7Specimen File8Specimen File9Specimen File10Specimen File11Specimen File12Specimen File13Specimen File14Specimen File15Specimen File16Specimen File17

ADDITIONAL STATEMENTS
Description of mark
The mark consists of the stylized elements "H" and "B" where the "H" and "B" combine to form a stylized heart design.
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)
Declaration Signature

DECLARATION: The signatory being warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. § 1001, and that such willful false statements and the like may jeopardize the validity of the application or submission or any registration resulting therefrom, declares that, if the applicant submitted the application or allegation of use (AOU) unsigned, all statements in the application or AOU and this submission based on the signatory's own knowledge are true, and all statements in the application or AOU and this submission made on information and belief are believed to be true.

STATEMENTS FOR UNSIGNED SECTION 1(a) APPLICATION/AOU: If the applicant filed an unsigned application under 15 U.S.C. §1051(a) or AOU under 15 U.S.C. §1051(c), the signatory additionally believes that: the applicant is the owner of the mark sought to be registered; the mark is in use in commerce and was in use in commerce as of the filing date of the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; the original specimen(s), if applicable, shows the mark in use in commerce as of the filing date of the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; for a collective trademark, collective service mark, collective membership mark application, 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 filing date of the application or AOU; 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. To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services/collective membership organization of such other persons, to cause confusion or mistake, or to deceive.

STATEMENTS FOR UNSIGNED SECTION 1(b)/SECTION 44 APPLICATION AND FOR SECTION 66(a) COLLECTIVE/CERTIFICATION MARK APPLICATION: If the applicant filed an unsigned application under 15 U.S.C. §§ 1051(b), 1126(d), and/or 1126(e), or filed a collective/certification mark application under 15 U.S.C. §1141f(a), the signatory additionally believes that: for a trademark or service mark application, the applicant is entitled to use the mark in commerce on or in connection with the goods/services specified in the application; the applicant has a bona fide intention to use the mark in commerce and had a bona fide intention to use the mark in commerce as of the application filing date; for a collective trademark, collective service mark, collective membership mark, or certification mark application, the applicant has a bona fide intention, and is entitled, to exercise legitimate control over the use of the mark in commerce and had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce as of the application filing date; the signatory is properly authorized to execute the declaration on behalf of the applicant; for a certification mark application, 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. To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services/collective membership organization of such other persons, to cause confusion or mistake, or to deceive.

Signature: /Kevin P. Hartley/      Date: 10/03/2020
Signatory's Name: Kevin P. Hartley
Signatory's Position: Attorney of Record, Tennessee Bar Member
Signatory's Phone Number: 6154690451


Response Signature
Signature: /Kevin P. Hartley/     Date: 10/03/2020
Signatory's Name: Kevin P. Hartley
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: Sat Oct 03 14:19:23 ET 2020
TEAS Stamp: USPTO/ROA-XXXX:XXX:XXXX:XX:XXXX:XXXX:XXX
X:XXXX-20201003141923263150-88479672-750
5dc8cc28cc64ce622f7ebf3bf7150baf9327ecfa
828d215d8445276418963-N/A-N/A-2020100313
4824081731