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)

---

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. 88592518 CHARACTERS BUILDING CHARACTER(Standard Characters, see http://uspto.report/TM/88592518/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 Pre-recorded digital media, namely, DVDs and children's DVDs featuring inspirational and religious programming, documentaries featuring faith-based, motivational and religious topics and news in the field of current events, religious education, religious stories, and health information, prerecorded variety shows featuring faith-based, motivational and religious topics, and comedy; audiovisual recordings of artistic performances featuring faith-based, motivational and religious topics; downloadable theatrical and documentary related film clips as sound and video recordings featuring faith-based, motivational and religious topics; downloadable photographs in the field of current events and religion
Original Filing Basis:
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and 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.

Proposed:
Tracked Text Description: Pre-recorded digital media, namely, DVDs and children's DVDs featuring inspirational and religious programming, documentaries featuring faith-based, motivational and religious topics and news in the field of current events, religious education, religious stories, and health information, prerecorded variety shows featuring faith-based, motivational and religious topics, and comedy; Pre-recorded digital media, namely, DVDs and children's DVDs featuring inspirational and religious programming, documentaries featuring faith-based, motivational and religious topics and news in the field of current events, religious education, religious stories, and health information; audiovisual recordings of artistic performances featuring faith-based, motivational and religious topics; prerecorded television variety shows featuring faith-based, motivational and religious topics, and comedy; audio and visual recordings of artistic performances featuring faith-based, motivational and religious topics; downloadable theatrical and documentary related film clips as sound and video recordings featuring faith-based, motivational and religious topics; downloadable photographs in the field of current events and religionClass 009 for Pre-recorded digital media, namely, DVDs and children's DVDs featuring inspirational and religious programming, documentaries featuring faith-based, motivational and religious topics and news in the field of current events, religious education, religious stories, and health information; prerecorded television variety shows featuring faith-based, motivational and religious topics, and comedy; audio and visual recordings of artistic performances featuring faith-based, motivational and religious topics; downloadable theatrical and documentary related film clips as sound and video recordings featuring faith-based, motivational and religious topics; downloadable photographs in the field of current events and religion
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and 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.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 038 for Television broadcasting of religious, faith-based and motivational programming; cable television broadcasting of religious, faith-based and motivational programming; television broadcasting services of religious, faith-based and motivational programming; digital television broadcasting of religious, faith-based and motivational programming; audio broadcasting of religious, faith-based and motivational programming; broadcasting religious, faith-based and motivational programs via a global computer network; video broadcasting of religious, faith-based and motivational programming; streaming of religious, faith-based and motivational video material on the internet; radio broadcasting of religious, faith-based and motivational information and other religious, faith-based and motivational programs; radio program broadcasting of religious, faith-based and motivational programming; and streaming of religious, faith-based and motivational audio material on the internet; Providing information in the field of inspirational audio and video broadcasting
Original Filing Basis:
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and 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.

Proposed:
Tracked Text Description: Television broadcasting of religious, faith-based and motivational programming; cable television broadcasting of religious, faith-based and motivational programming; television broadcasting services of religious, faith-based and motivational programming; digital television broadcasting of religious, faith-based and motivational programming; audio broadcasting of religious, faith-based and motivational programming; broadcasting religious, faith-based and motivational programs via a global computer network; video broadcasting of religious, faith-based and motivational programming; streaming of religious, faith-based and motivational video material on the internet; radio broadcasting of religious, faith-based and motivational information and other religious, faith-based and motivational programs; radio program broadcasting of religious, faith-based and motivational programming; and streaming of religious, faith-based and motivational audio material on the internet; streaming of religious, faith-based and motivational audio material on the internet; Providing information in the field of inspirational audio and video broadcastingClass 038 for Television broadcasting of religious, faith-based and motivational programming; cable television broadcasting of religious, faith-based and motivational programming; television broadcasting services of religious, faith-based and motivational programming; digital television broadcasting of religious, faith-based and motivational programming; audio broadcasting of religious, faith-based and motivational programming; broadcasting religious, faith-based and motivational programs via a global computer network; video broadcasting of religious, faith-based and motivational programming; streaming of religious, faith-based and motivational video material on the internet; radio broadcasting of religious, faith-based and motivational information and other religious, faith-based and motivational programs; radio program broadcasting of religious, faith-based and motivational programming; streaming of religious, faith-based and motivational audio material on the internet; Providing information in the field of inspirational audio and video broadcasting
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and 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.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 041 for Entertainment, namely, television news shows; production of cable television programs featuring religion; production of closed caption television programs featuring faith-based, motivational and religious topics; production of radio and television programs featuring faith-based, motivational and religious topics; television program production featuring faith-based, motivational and religious topics; religious, faith-based and motivational television program syndication; television show production featuring faith-based, motivational and religious topics; entertainment in the nature of ongoing television programs in the field of news, comedy, variety, religion, health, and children's faith-based, motivational and religious entertainment programming and religious, faith-based and motivational education; entertainment services, namely, providing radio programs in the field of news, religion, health, variety, comedy and children's religious, faith-based and motivational entertainment programming and religious, faith-based and motivational education via a global computer network; entertainment services, namely, providing ongoing television program in the field of news, religion, health, variety, comedy and children's religious, faith-based and motivational entertainment programming and religious, faith-based and motivational education via a global computer network; entertainment services in the nature of ongoing television programs in the field of children's religious, faith-based and motivational entertainment; radio entertainment services, namely, religious, faith-based and motivational radio programs featuring performances by a radio personality; entertainment, namely, production of television shows featuring faith-based, motivational and religious topics and game shows; entertainment services, namely, production and distribution of a game show; production of film and videos featuring faith-based, motivational and religious topics; production of radio entertainment featuring faith-based, motivational and religious topics; production of videotapes featuring faith- based, motivational and religious topics; entertainment, namely, a continuing news, comedy, variety, health or religious show broadcast over television, satellite, audio, and video media; entertainment, namely, continuing television shows broadcast over television, satellite, audio, and video media shows featuring religious content; production of motion picture films featuring faith-based, motivational and religious topics; providing information on the subject of news and comedy in the field of entertainment; providing information in the field of children's religious, faith-based and motivational education; providing information in the field of children's religious, faith-based and motivational entertainment; providing entertainment information on the subject of youth and adult topics; providing entertainment information in the field of health
Original Filing Basis:
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and 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.

Proposed:
Tracked Text Description: Entertainment, namely, television news shows; production of cable television programs featuring religion; production of closed caption television programs featuring faith-based, motivational and religious topics; production of radio and television programs featuring faith-based, motivational and religious topics; television program production featuring faith-based, motivational and religious topics; religious, faith-based and motivational television program syndication; television show production featuring faith-based, motivational and religious topics; entertainment in the nature of ongoing television programs in the field of news, comedy, variety, religion, health, and children's faith-based, motivational and religious entertainment programming and religious, faith-based and motivational education; entertainment services, namely, providing radio programs in the field of news, religion, health, variety, comedy and children's religious, faith-based and motivational entertainment programming and religious, faith-based and motivational education via a global computer network; entertainment services, namely, providing ongoing television program in the field of news, religion, health, variety, comedy and children's religious, faith-based and motivational entertainment programming and religious, faith-based and motivational education via a global computer network; entertainment services in the nature of ongoing television programs in the field of children's religious, faith-based and motivational entertainment; radio entertainment services, namely, religious, faith-based and motivational radio programs featuring performances by a radio personality; entertainment, namely, production of television shows featuring faith-based, motivational and religious topics and game shows; entertainment services, namely, production and distribution of a game show; production of film and videos featuring faith-based, motivational and religious topics; production of radio entertainment featuring faith-based, motivational and religious topics; production of videotapes featuring faith- based, motivational and religious topics; entertainment, namely, a continuing news, comedy, variety, health or religious show broadcast over television, satellite, audio, and video media; entertainment, namely, continuing television shows broadcast over television, satellite, audio, and video media shows featuring religious content; production of motion picture films featuring faith-based, motivational and religious topics; providing information on the subject of news and comedy in the field of entertainment; providing information in the field of children's religious, faith-based and motivational education; providing information in the field of children's religious, faith-based and motivational entertainment; providing entertainment information on the subject of youth and adult topics; providing entertainment information in the field of health; providing entertainment information on the subject of youth and adult topics namely, information related to health-themed entertainment, namely lifestyle and healthClass 041 for Entertainment, namely, television news shows; production of cable television programs featuring religion; production of closed caption television programs featuring faith-based, motivational and religious topics; production of radio and television programs featuring faith-based, motivational and religious topics; television program production featuring faith-based, motivational and religious topics; religious, faith-based and motivational television program syndication; television show production featuring faith-based, motivational and religious topics; entertainment in the nature of ongoing television programs in the field of news, comedy, variety, religion, health, and children's faith-based, motivational and religious entertainment programming and religious, faith-based and motivational education; entertainment services, namely, providing radio programs in the field of news, religion, health, variety, comedy and children's religious, faith-based and motivational entertainment programming and religious, faith-based and motivational education via a global computer network; entertainment services, namely, providing ongoing television program in the field of news, religion, health, variety, comedy and children's religious, faith-based and motivational entertainment programming and religious, faith-based and motivational education via a global computer network; entertainment services in the nature of ongoing television programs in the field of children's religious, faith-based and motivational entertainment; radio entertainment services, namely, religious, faith-based and motivational radio programs featuring performances by a radio personality; entertainment, namely, production of television shows featuring faith-based, motivational and religious topics and game shows; entertainment services, namely, production and distribution of a game show; production of film and videos featuring faith-based, motivational and religious topics; production of radio entertainment featuring faith-based, motivational and religious topics; production of videotapes featuring faith- based, motivational and religious topics; entertainment, namely, a continuing news, comedy, variety, health or religious show broadcast over television, satellite, audio, and video media; entertainment, namely, continuing television shows broadcast over television, satellite, audio, and video media shows featuring religious content; production of motion picture films featuring faith-based, motivational and religious topics; providing information on the subject of news and comedy in the field of entertainment; providing information in the field of children's religious, faith-based and motivational education; providing information in the field of children's religious, faith-based and motivational entertainment; providing entertainment information on the subject of youth and adult topics; providing entertainment information on the subject of youth and adult topics namely, information related to health-themed entertainment, namely lifestyle and health
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and 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.

ADDITIONAL STATEMENTS
Miscellaneous Statement
Applicant submits the foregoing with the understanding that the same resolves the outstanding action, to the extent it does not, Applicant reverts/refers to the prior state of the application before submission hereof.


SIGNATURE(S)
Response Signature
Signature: /Jennifer Whitelaw/     Date: 02/07/2020
Signatory's Name: Jennifer L. Whitelaw
Signatory's Position: Attorney of Record, Florida Bar Member

Signatory's Phone Number: 239-262-1001

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.

        
Serial Number: 88592518
Internet Transmission Date: Fri Feb 07 12:30:33 EST 2020
TEAS Stamp: USPTO/ROA-XXXX:XXX:XXX:XXXX:XXXX:XXXX:XX
XX:XXXX-20200207123033873462-88592518-70
0c3fe548230bd53e454559d5194286b3913bb2b1
f820b84f2db6c4a7c0cd95e4-N/A-N/A-2020020
7114858161012