TEAS Request Reconsideration after FOA

PTO- 1960

Approved for use through 11/30/2023. OMB 0651-0050

U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number

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PTO- 1960

Approved for use through 11/30/2023. OMB 0651-0050

U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number

Request for Reconsideration after Final Action

To the Commissioner for Trademarks:

Application serial no. 88596746 EQ (Stylized and/or with Design, see http://tmng-al.uspto.gov /resting2/api/img/8859674 6/large) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 009 for Musical sound recordings; audio-visual recordings, namely, CDs, DVDs, audio discs, phonograph records, CD-ROMs, video discs, DATs, MP3s, and laser discs, all featuring music and motion picture, theatrical stage productions and television programs soundtracks; downloadable music, ring tones, and graphics via the Internet and wireless devices; downloadable musical sound recordings; downloadable music files; downloadable video recordings featuring music; downloadable wireless entertainment, namely downloadable images containing artwork, text, graphics and photographs and downloadable wallpaper graphics, all in the fields of music and entertainment for mobile phones and computers
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: The applicant believes the applicant is entitled to use the mark in commerce on or in connection with the goods or 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. 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.


Proposed:

Tracked Text Description: Musical sound recordings; audio-visual recordings, namely, CDs, DVDs, audio discs, phonograph records, CD-ROMs, video discs, DATs, MP3s, and laser discs, all featuring music and motion picture, theatrical stage productions and television programs soundtracks; audio-visual recordings, namely, CDs, DVDs, audio discs, phonograph¶
records, CD-ROMs, video discs, digital audio tapes, MP3s, and laser discs, all featuring music and¶
motion picture soundtracks, theatrical stage production soundtracks and television program¶
soundtracks; downloadable music, ring tones, and graphics via the Internet and wireless devices; downloadable musical sound recordings; downloadable music files; downloadable video recordings featuring music; downloadable video recordings¶
featuring music; downloadable wireless entertainment, namely downloadable images containing artwork, text, graphics and photographs and downloadable wallpaper graphics, all in the fields of music and entertainment for mobile phones and computers; downloadable wireless entertainment, namely downloadable images containing¶
artwork, text, graphics and photographs all featuring musical performers, for mobile phones and¶
computersClass 009 for Musical sound recordings; audio-visual recordings, namely, CDs, DVDs, audio discs, phonograph records, CD-ROMs, video discs, digital audio tapes, MP3s, and laser discs, all featuring music and motion picture soundtracks, theatrical stage production soundtracks and television program soundtracks; downloadable music, ring tones, and graphics via the Internet and wireless devices; downloadable musical sound recordings; downloadable music files; downloadable video recordings featuring music; downloadable wireless entertainment, namely downloadable images containing artwork, text, graphics and photographs all featuring musical performers, for mobile phones and computers
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: The applicant believes the applicant is entitled to use the mark in commerce on or in connection with the goods or 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. 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.

Webpage URL: None Provided
Webpage Date of Access: None Provided

Correspondence Information (current):
      Brad D. Rose
      PRIMARY EMAIL FOR CORRESPONDENCE: tlee@pryorcashman.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): tmdocketing@pryorcashman.com; pzylberg@pryorcashman.com

The docket/reference number is 20272.00001.
Correspondence Information (proposed):
      Brad D. Rose
      PRIMARY EMAIL FOR CORRESPONDENCE: tlee@pryorcashman.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): tmdocketing@pryorcashman.com; pzylberg@pryorcashman.com

The docket/reference number is 20272.00001.

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)
Request for Reconsideration Signature
Signature: /pz/     Date: 12/27/2022
Signatory's Name: Philippe Zylberg
Signatory's Position: Attorney of record, New York Bar member

Signatory's Phone Number: 212-3260475 Signature method: Signed directly within the form

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.

The applicant is not filing a Notice of Appeal in conjunction with this Request for Reconsideration.

Mailing Address:    Brad D. Rose
   PRYOR CASHMAN LLP
   
   7 TIMES SQUARE
   NEW YORK, New York 10036
Mailing Address:    Brad D. Rose
   PRYOR CASHMAN LLP
   7 TIMES SQUARE
   NEW YORK, New York 10036
        
Serial Number: 88596746
Internet Transmission Date: Tue Dec 27 13:48:41 ET 2022
TEAS Stamp: USPTO/RFR-XXX.XXX.XXX.XX-202212271348413
07768-88596746-8507ed3aa3ef7bd597331e267
a17ee751327955b4116a8e947bfd6fdac2de9599
2c-N/A-N/A-20221227134432730512