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. 88636612 BUZZBREAK(Standard Characters, see http://uspto.report/TM/88636612/mark.png) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 041 for Providing entertainment information in the field of news, current events, commentary, and programs in the fields of politics, economics, finance, business, traffic, education, sports, music, entertainment, culture, health, healthcare, food, recipe, nutrition, science, technology, parenting, travel, lifestyle, fashion, inspiration, live performances, theatrical performances, concerts, community festivals featuring a variety of activities, namely, sporting events, art exhibitions, flea markets, ethnic dances and the like, local crime, weather, hotels and temporary accommodations for travelers, dining, recipes and cooking, wine characteristics, pets relating to pet care, breeding, selection of the pets, grooming, feeding; Providing a website featuring non-downloadable images, audios, videos, multimedia content and videos in the fields of politics, economics, finance, business, traffic, education, sports, music, entertainment, culture, health, healthcare, food, recipe, nutrition, science, technology, parenting, travel, lifestyle, fashion, inspiration, live performances, theatrical performances, concerts, community festivals featuring a variety of activities, namely, sporting events, art exhibitions, flea markets, ethnic dances and the like, local crime, weather, hotels and temporary accommodations for travelers, dining, recipes and cooking, wine characteristics, pets relating to pet care, breeding, selection of the pets, grooming, feeding; Providing online non-downloadable mobile applications for electronic chat rooms and bulletin boards; Providing online non-downloadable computer software that allows users to customize their viewing, listening, and playing experience by selecting and arranging the display and performance of audio, video, and audiovisual elements by users in the fields of music, video, sports and the entertainment industry; Providing aggregated information and commentary in the field of news and current events; Entertainment services, namely, providing podcasts in the fields of news, current events, politics, economics, finance, business, traffic, education, sports, music, entertainment, culture, health, healthcare, food, recipe, nutrition, science, technology, parenting, travel, lifestyle, fashion, inspiration, live performances, theatrical performances, concerts, community festivals featuring a variety of activities, namely, sporting events, art exhibitions, flea markets, ethnic dances and the like, local crime, weather, hotels and temporary accommodations for travelers, dining, recipes and cooking, wine characteristics, pets relating to pet care, breeding, selection of the pets, grooming, feeding; Providing online non-downloadable mobile applications for electronic chat rooms and bulletin boards; Providing online non-downloadable computer software that allows users to customize their viewing, listening, and playing experience by selecting and arranging the display and performance of audio, video, and audiovisual elements by users in the fields of music, video, sports and the entertainment industry; leisure activities information and entertainment information; information on recreational activities; all of the foregoing are for nonprofessional entertainment and leisure purposes
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: Providing entertainment information in the field of news, current events, commentary, and programs in the fields of politics, economics, finance, business, traffic, education, sports, music, entertainment, culture, health, healthcare, food, recipe, nutrition, science, technology, parenting, travel, lifestyle, fashion, inspiration, live performances, theatrical performances, concerts, community festivals featuring a variety of activities, namely, sporting events, art exhibitions, flea markets, ethnic dances and the like, local crime, weather, hotels and temporary accommodations for travelers, dining, recipes and cooking, wine characteristics, pets relating to pet care, breeding, selection of the pets, grooming, feeding; Providing entertainment information; Providing a website featuring non-downloadable images, audios, videos, multimedia content and videos in the fields of politics, economics, finance, business, traffic, education, sports, music, entertainment, culture, health, healthcare, food, recipe, nutrition, science, technology, parenting, travel, lifestyle, fashion, inspiration, live performances, theatrical performances, concerts, community festivals featuring a variety of activities, namely, sporting events, art exhibitions, flea markets, ethnic dances and the like, local crime, weather, hotels and temporary accommodations for travelers, dining, recipes and cooking, wine characteristics, pets relating to pet care, breeding, selection of the pets, grooming, feeding; Providing a website featuring non-downloadable images, audio recordings, video recordings, multimedia content in the nature of video recordings in the fields of politics, economics, finance, business, traffic, education, sports, music, entertainment, culture, health, healthcare, food, recipe, nutrition, science, technology, parenting, travel, lifestyle, fashion, inspiration, live performances, theatrical performances, concerts, community festivals featuring a variety of activities, namely, sporting events, art exhibitions, flea markets, ethnic dances and the like, local crime, weather, hotels and temporary accommodations for travelers, dining, recipes and cooking, wine characteristics, pets relating to pet care, breeding, selection of the pets, grooming, and feeding; Providing aggregated information and commentary in the field of news and current events; Providing online non-downloadable computer software that allows users to customize their viewing, listening, and playing experience by selecting and arranging the display and performance of audio, video, and audiovisual elements by users in the fields of music, video, sports and the entertainment industry; Entertainment services, namely, providing podcasts in the fields of news, current events, politics, economics, finance, business, traffic, education, sports, music, entertainment, culture, health, healthcare, food, recipe, nutrition, science, technology, parenting, travel, lifestyle, fashion, inspiration, live performances, theatrical performances, concerts, community festivals featuring a variety of activities, namely, sporting events, art exhibitions, flea markets, ethnic dances and the like, local crime, weather, hotels and temporary accommodations for travelers, dining, recipes and cooking, wine characteristics, pets relating to pet care, breeding, selection of the pets, grooming, and feeding; Providing online non-downloadable mobile applications for electronic chat rooms and bulletin boards; Entertainment services, namely, providing podcasts in the fields of news, current events, politics, economics, finance, business, traffic, education, sports, music, entertainment, culture, health, healthcare, food, recipe, nutrition, science, technology, parenting, travel, lifestyle, fashion, inspiration, live performances, theatrical performances, concerts, community festivals featuring a variety of activities, namely, sporting events, art exhibitions, flea markets, ethnic dances and the like, local crime, weather, hotels and temporary accommodations for travelers, dining, recipes and cooking, wine characteristics, pets relating to pet care, breeding, selection of the pets, grooming, feeding; providing leisure activities information and entertainment information; Providing online non-downloadable mobile applications for electronic chat rooms and bulletin boards; providing information on recreational activities; Providing online non-downloadable computer software that allows users to customize their viewing, listening, and playing experience by selecting and arranging the display and performance of audio, video, and audiovisual elements by users in the fields of music, video, sports and the entertainment industry; all of the foregoing are for nonprofessional entertainment and leisure purposes; leisure activities information and entertainment information; information on recreational activitiesClass 041 for Providing entertainment information; Providing a website featuring non-downloadable images, audio recordings, video recordings, multimedia content in the nature of video recordings in the fields of politics, economics, finance, business, traffic, education, sports, music, entertainment, culture, health, healthcare, food, recipe, nutrition, science, technology, parenting, travel, lifestyle, fashion, inspiration, live performances, theatrical performances, concerts, community festivals featuring a variety of activities, namely, sporting events, art exhibitions, flea markets, ethnic dances and the like, local crime, weather, hotels and temporary accommodations for travelers, dining, recipes and cooking, wine characteristics, pets relating to pet care, breeding, selection of the pets, grooming, and feeding; Providing aggregated information and commentary in the field of news and current events; Entertainment services, namely, providing podcasts in the fields of news, current events, politics, economics, finance, business, traffic, education, sports, music, entertainment, culture, health, healthcare, food, recipe, nutrition, science, technology, parenting, travel, lifestyle, fashion, inspiration, live performances, theatrical performances, concerts, community festivals featuring a variety of activities, namely, sporting events, art exhibitions, flea markets, ethnic dances and the like, local crime, weather, hotels and temporary accommodations for travelers, dining, recipes and cooking, wine characteristics, pets relating to pet care, breeding, selection of the pets, grooming, and feeding; Providing online non-downloadable mobile applications for electronic chat rooms and bulletin boards; providing leisure activities information and entertainment information; providing information on recreational activities; all of the foregoing are for nonprofessional entertainment and leisure purposes
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.
Correspondence Information (current):
      Linna Chen
      PRIMARY EMAIL FOR CORRESPONDENCE: lchen@magstonelaw.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): docket@magstonelaw.com
Correspondence Information (proposed):
      Linna Chen
      PRIMARY EMAIL FOR CORRESPONDENCE: lchen@magstonelaw.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): docket@magstonelaw.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: /Linna Chen/     Date: 09/08/2020
Signatory's Name: Linna Chen
Signatory's Position: Attorney for Applicant

Signatory's Phone Number: 6505132555106

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:    Linna Chen
   MAGSTONE LAW, LLP
   
   4633 OLD IRONSIDES DRIVE, SUITE 106
   SANTA CLARA, California 95054
Mailing Address:    Linna Chen
   MAGSTONE LAW, LLP
   4633 OLD IRONSIDES DRIVE, SUITE 106
   SANTA CLARA, California 95054
        
Serial Number: 88636612
Internet Transmission Date: Tue Sep 08 12:57:44 ET 2020
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XXX-202009081257449
76722-88636612-7503c9352c83b7a88bc40d18a
c41893adf272e579fcd51b7c7d041d36c931d6c8
-N/A-N/A-20200908125537089404