TEAS Request Reconsideration after FOA

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 1960 (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 1960 (Rev 10/2011)

OMB No. 0651-0050 (Exp 09/20/2020)

Request for Reconsideration after Final Action

To the Commissioner for Trademarks:

Application serial no. 88634284 CELEBRITY MEDIA TV WWW.CELEBRITYMEDIATV.COM (Stylized and/or with Design, see http://tmng-al.uspto.gov /resting2/api/img/8863428 4/large) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 038 for Online digital live streaming of audio, visual and audiovisual material via a global computer network
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 09/02/2016 and first used in commerce at least as early as 09/02/2016 , and is now in use in such commerce.


Proposed:
Class 038 for Online digital live streaming of audio, visual and audiovisual material via a global computer network
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 09/02/2016 and first used in commerce at least as early as 09/02/2016 , and is now in use in such commerce.
Applicant hereby submits one(or more) specimen(s) for Class 038. The specimen(s) submitted consists of The mark consists of the stylized wording "Celebrity" appearing in yellow with small light bulbs around inside of each letter and black shadow on the lower part of the wording. The stylized wordings "MEDIA" in color blue and "TV" in color red with an image of a black and white television screen at the back of it, are written in capital letters located underneath the wording "Celebrity". The wording "WWW.CELEBRITYMEDIATV.COM" is written in black small font underneath the wording "MEDIA"..
"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
Correspondence Information (current):
      Celebrity Media TV
      PRIMARY EMAIL FOR CORRESPONDENCE: celebritymediatv@gmail.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): ruth.johnson71@yahoo.com
Correspondence Information (proposed):
      Celebrity Media TV
      PRIMARY EMAIL FOR CORRESPONDENCE: celebritymediatv@gmail.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): ruth.johnson71@yahoo.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: /John Williams/      Date: 08/04/2020
Signatory's Name: John Williams
Signatory's Position: CEO
Signatory's Phone Number: 470-661-2029


Request for Reconsideration Signature
Signature: /John Williams/     Date: 08/04/2020
Signatory's Name: John Williams
Signatory's Position: CEO

Signatory's Phone Number: 470-661-2029

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.

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

Mailing Address:    Celebrity Media TV
   
   
   1255 Charlie Williams Rd.
   Bartow, Georgia 30413
Mailing Address:    Celebrity Media TV
   1255 Charlie Williams Rd.
   Bartow, Georgia 30413
        
Serial Number: 88634284
Internet Transmission Date: Wed Aug 05 00:06:38 ET 2020
TEAS Stamp: USPTO/RFR-XXXX:XX:XXXX:XXXX:XXXX:XXXX:XX
XX:XXXX-20200805000638754488-88634284-74
0c1682d334be54bbbc43557755b56fc5b56f4351
a346e0febcb064329956b3fe-N/A-N/A-2020080
4232058178431