Offc Action Outgoing

United States Patent and Trademark Office (USPTO)

Office Action (Official Letter) About Applicant’s Trademark Application

 

 

 

NONFINAL OFFICE ACTION

 

The USPTO must receive applicant’s response to this letter within six months of the issue date below or the application will be abandoned.  Respond using the Trademark Electronic Application System (TEAS).  A link to the appropriate TEAS response form appears at the end of this Office action. 

 

 

Issue date:  April 06, 2020

 

 

 

 

The referenced application has been reviewed by the assigned trademark examining attorney.  Applicant must respond timely and completely to the issues below.  15 U.S.C. §1062(b); 37 C.F.R. §§2.62(a), 2.65(a); TMEP §§711, 718.03.

 

Summary of Issues Applicant Must Address

• Section 2(d) Refusal – Likelihood of Confusion

 

Section 2(d) Refusal – Likelihood of Confusion

 

Registration of the applied-for mark is refused because of a likelihood of confusion with the mark in U.S. Registration No. 3497317.  Trademark Act Section 2(d), 15 U.S.C. §1052(d); see TMEP §§1207.01 et seq.  See the enclosed registration.

 

The applicant has applied to register HORIZON combined with a design for:

 

Concert booking; Arranging and conducting of concerts; Entertainment, namely, live music concerts, in Class 41. 

 

The registered mark is HORIZON in standard-character form for:

 

entertainment in the nature of live performances by a musical group, in Class 41.

 

The cited registration includes additional services in Class 41 not included in this refusal.

 

Trademark Act Section 2(d) bars registration of an applied-for mark that is so similar to a registered mark that it is likely consumers would be confused, mistaken, or deceived as to the commercial source of the goods and/or services of the parties.  See 15 U.S.C. §1052(d).  Likelihood of confusion is determined on a case-by-case basis by applying the factors set forth in In re E. I. du Pont de Nemours & Co., 476 F.2d 1357, 1361, 177 USPQ 563, 567 (C.C.P.A. 1973) (called the “du Pont factors”).  In re i.am.symbolic, llc, 866 F.3d 1315, 1322, 123 USPQ2d 1744, 1747 (Fed. Cir. 2017).  Any evidence of record related to those factors need be considered; however, “not all of the DuPont factors are relevant or of similar weight in every case.”  In re Guild Mortg. Co., 912 F.3d 1376, 1379, 129 USPQ2d 1160, 1162 (Fed. Cir. 2019) (quoting In re Dixie Rests., Inc., 105 F.3d 1405, 1406, 41 USPQ2d 1531, 1533 (Fed. Cir. 1997)).

 

Although not all du Pont factors may be relevant, there are generally two key considerations in any likelihood of confusion analysis:  (1) the similarities between the compared marks and (2) the relatedness of the compared goods and/or services.  See In re i.am.symbolic, llc, 866 F.3d at 1322, 123 USPQ2d at 1747 (quoting Herbko Int’l, Inc. v. Kappa Books, Inc., 308 F.3d 1156, 1164-65, 64 USPQ2d 1375, 1380 (Fed. Cir. 2002)); Federated Foods, Inc. v. Fort Howard Paper Co.,544 F.2d 1098, 1103, 192 USPQ 24, 29 (C.C.P.A. 1976) (“The fundamental inquiry mandated by [Section] 2(d) goes to the cumulative effect of differences in the essential characteristics of the goods [or services] and differences in the marks.”); TMEP §1207.01. 

 

Comparison of the Marks

 

In this case, the applicant’s mark HORIZON and the registrant’s mark HORIZON are similar in commercial impression.

 

Marks must be compared in their entireties and should not be dissected; however, a trademark examining attorney may weigh the individual components of a mark to determine its overall commercial impression.  In re Detroit Athletic Co., 903 F.3d 1297, 1305, 128 USPQ2d 1047, 1050 (Fed. Cir. 2018) (“[Regarding the issue of confusion,] there is nothing improper in stating that . . . more or less weight has been given to a particular feature of a mark, provided the ultimate conclusion rests on consideration of the marks in their entireties.” (quoting In re Nat’l Data Corp., 753 F.2d 1056, 1058, 224 USPQ 749, 751 (Fed. Cir. 1985)). 

 

The word portions of the marks are nearly identical in appearance, and are identical in sound, connotation, and commercial impression; therefore, the addition of a design element in the applicant’s mark does not obviate the similarity of the marks in this case.  See In re Shell Oil Co., 992 F.2d 1204, 1206, 26 USPQ2d 1687, 1688 (Fed. Cir. 1993); TMEP §1207.01(c)(ii).  Notably, the design element in the applicant’s mark does not change the connotation of the term HORIZON.  Thus, because both marks include the term HORIZON, consumers would likely view the applicant’s mark as a logo form of the registered mark.

 

As a result, when viewed in their entireties, the marks are similar in commercial impression.

 

Comparison of the Services

 

Where the marks of the respective parties are virtually identical, as in this case, the degree of similarity or relatedness between the goods and/or services needed to support a finding of likelihood of confusion declines.  See In re i.am.symbolic, llc, 116 USPQ2d 1406, 1411 (TTAB 2015) (citing In re Shell Oil Co., 992 F.2d 1204, 1207, 26 USPQ2d 1687, 1689 (Fed. Cir. 1993)), aff’d, 866 F.3d 1315, 123 USPQ2d 1744 (Fed. Cir. 2017); TMEP §1207.01(a).

 

Determining likelihood of confusion is based on the description of the goods and/or services stated in the application and registration at issue, not on extrinsic evidence of actual use.  See In re Detroit Athletic Co., 903 F.3d 1297, 1307, 128 USPQ2d 1047, 1052 (Fed. Cir. 2018) (citing In re i.am.symbolic, llc, 866 F.3d 1315, 1325, 123 USPQ2d 1744, 1749 (Fed. Cir. 2017)).  

 

In this case, the “Arranging and conducting of concerts; Entertainment, namely, live music concerts” in the application is broad enough to include the “entertainment in the nature of live performances by a musical group” in the cited registration.  See, e.g., In re Solid State Design Inc., 125 USPQ2d 1409, 1412-15 (TTAB 2018); Sw. Mgmt., Inc. v. Ocinomled, Ltd., 115 USPQ2d 1007, 1025 (TTAB 2015).  Thus, applicant’s and registrant’s services are legally identical.  See, e.g., In re i.am.symbolic, llc, 127 USPQ2d 1627, 1629 (TTAB 2018) (citing Tuxedo Monopoly, Inc. v. Gen. Mills Fun Grp., Inc., 648 F.2d 1335, 1336, 209 USPQ 986, 988 (C.C.P.A. 1981); Inter IKEA Sys. B.V. v. Akea, LLC, 110 USPQ2d 1734, 1745 (TTAB 2014); Baseball Am. Inc. v. Powerplay Sports Ltd., 71 USPQ2d 1844, 1847 n.9 (TTAB 2004)).  The applicant’s “Concert booking” services are also closely related to the registrant’s services because the booking of concerts is normally incidental to the provision of live musical performances.

 

The trademark examining attorney has attached evidence from the USPTO’s X-Search database consisting of a representative sample of 10 third-party marks registered for use in connection with the same or similar services as those of both applicant and registrant in this case.  This evidence shows that the services listed therein, namely, live performances by a musical band/group and concert booking and arranging, conducting, and/or providing live concerts, are of a kind that may emanate from a single source under a single mark.  See In re I-Coat Co., 126 USPQ2d 1730, 1737 (TTAB 2018) (citing In re Infinity Broad. Corp., 60 USPQ2d 1214, 1217-18 (TTAB 2001); In re Albert Trostel & Sons Co.,29 USPQ2d 1783, 1785-86 (TTAB 1993); In re Mucky Duck Mustard Co., 6 USPQ2d 1467, 1470 n.6 (TTAB 1988)); TMEP §1207.01(d)(iii). 

 

Additionally, the services of the parties have no restrictions as to channels of trade, or classes of purchasers and are “presumed to travel in the same channels of trade to the same class of purchasers,” including ordinary consumers.  In re Viterra Inc., 671 F.3d 1358, 1362, 101 USPQ2d 1905, 1908 (Fed. Cir. 2012) (quoting Hewlett-Packard Co. v. Packard Press, Inc., 281 F.3d 1261, 1268, 62 USPQ2d 1001, 1005 (Fed. Cir. 2002)).  Thus, applicant’s and registrant’s services are related.

 

Since the marks are virtually identical and the services are closely related and in part identical, there is a likelihood of confusion as to the source of applicant’s services.  Therefore, applicant’s mark is not entitled to registration, and registration is refused under Section 2(d).

 

Although applicant’s mark has been refused registration, applicant may respond to the refusal by submitting evidence and arguments in support of registration in a formal response using the link at the bottom of this Office action.  Please note that informal communications (phone and email) may not be used to request advisory opinions as to the likelihood of overcoming a substantive refusal. TMEP §709.05.  To properly introduce Internet evidence into the record, an applicant must provide (1) an image file or printout of the downloaded webpage, (2) the date the evidence was downloaded or accessed, and (3) the complete URL address of the webpage.  See In re I-Coat Co., LLC, 126 USPQ2d 1730, 1733 (TTAB 2018); TBMP §1208.03; TMEP §710.01(b).  

 

 

How to respond.  Click to file a response to this nonfinal Office action.    

 

For this application to proceed, applicant must explicitly address each refusal in this Office action.  For a refusal, applicant may provide written arguments and evidence against the refusal, and may have other response options if specified above.  Please see “Responding to Office Actions” and the informational video “Response to Office Action” for more information and tips on responding.

 

The USPTO does not accept emails as responses to Office actions; emails used for informal communications will be included in the application record.  See 37 C.F.R. §§2.62(c), 2.191; TMEP §§304.01-.02, 709.04-.05. 

 

Because of the legal technicalities and strict deadlines of the trademark application process, applicant is encouraged to hire a private attorney who specializes in trademark matters to assist in this process.  See Hiring a U.S.-licensed trademark attorney for more information.  USPTO personnel cannot provide legal advice or statements about an applicant’s legal rights, act as a counselor for individuals, or recommend a qualified practitioner.  TMEP §§705.02, 709.06. 

 

 

 

 

/Kim Teresa Moninghoff/

Examining Attorney

Law Office 113

Phone:  571-272-4738

Email:  kim.moninghoff@uspto.gov

 

 

 

 

RESPONSE GUIDANCE

• Missing the response deadline to this letter will cause the application to abandon.  A response or notice of appeal must be received by the USPTO before midnight Eastern Time of the last day of the response period.  TEAS and ESTTA maintenance or unforeseen circumstances could affect an applicant’s ability to timely respond.  

 

• Responses signed by an unauthorized party are not accepted and can cause the application to abandon.  If applicant does not have an attorney, the response must be signed by someone with legal authority to bind a juristic applicant.  If applicant has an attorney, the response must be signed by the attorney.

 

• If needed, find contact information for the supervisor of the office or unit listed in the signature block.

Mark
        BAD HABITS
Goods and Services
        IC 041. US 100 101 107. G & S: Entertainment, namely, live performances by a musical band; music production services, namely, production of musical recordings; entertainment, namely, live music concerts; rendering of musical entertainment by instrumental groups; concert booking. FIRST USE: 19850000. FIRST USE IN COMMERCE: 19890000
Mark Drawing Code
        (3) DESIGN PLUS WORDS, LETTERS, AND/OR NUMBERS
Design Code
        02.01.04 - Buddha; Men, religious figures, men wearing robes, shepherds, monks and priests; Ministers; Monks; Priests; Rabbis; Religious men; Robes, men wearing; Shepherds
        02.01.31 - Men, stylized, including men depicted in caricature form
        02.03.24 - Women, stylized, including women depicted in caricature form
        02.07.03 - Groups, males and females
        02.09.04 - Humans, including men, women and children, depicted sitting or kneeling; Kneeling, humans; Sitting, humans
        02.11.10 - Bones, human; Human skeletons, parts of skeletons, bones, skulls; Skulls, human
        09.05.05 - Sombreros, cowboy hats (10 gallon hats), other broad-brimmed hats
        09.07.06 - Other women's shoes
        12.01.05 - Benches, exercise; Benches, park, With backs; Benches, park, Without backs; Couches; Exercise benches; Sofas
        24.13.25 - Cross, ankh; Cross, Maltese; Other crosses, including ankh, Maltese
Serial Number
        78794784
Filing Date
        January 19, 2006
Current Filing Basis
        1A
Original Filing Basis
        1A;44D
Publication for Opposition Date
        August 9, 2011
Registration Number
        4043739
Registration Date
        October 25, 2011
Owner Name and Address
        (REGISTRANT) Wong, Gloria INDIVIDUAL CANADA 10B Radipole Road, Fulham London UNITED KINGDOM SW6 5DL

        (REGISTRANT) Tufts, Martin INDIVIDUAL UNITED KINGDOM 38B Irene Road, Fulham London UNITED KINGDOM SW64AP
Description of Mark
        Color is not claimed as a feature of the mark. The mark consists of the wording "BAD HABITS". Below the wording is the design of a skeleton wearing a hat. Below the skeleton design is an animal print couch with two men sitting on the couch. The man on the left is dressed as a priest and is holding a cross. The man on the right is wearing a jersey and has his face painted with the design of a spade. In front of the two men on the couch are a man and woman that are embracing. The woman is dressed in a skeleton jumpsuit. The man is wearing all black, has his face painted and is wearing a hat.
Type of Mark
        SERVICE MARK
Register
        PRINCIPAL
Affidavit Text
        SECT 15. SECT 8 (6-YR).
Other Data
        The name(s), portrait(s), and/or signature(s) shown in the mark identifies "MARTIN TUFTS", "GLORIA WONG", "RAMSEY BURNS" AND "TRISTAN SHANAHAN", whose consent(s) to register is made of record.
Live Dead Indicator
        LIVE

Mark
        LIKE NO OTHER MUSIC
Goods and Services
        IC 041. US 100 101 107. G & S: ENTERTAINMENT IN THE NATURE OF A LIVE MUSICAL GROUP, AND ENTERTAINMENT IN THE NATURE OF A LIVE MUSICAL GROUP WHICH MAY BE ACCESSED VIA GLOBAL COMPUTER NETWORKS; ENTERTAINMENT SERVICES, NAMELY, PROVIDING TELEVISION AND RADIO PROGRAMS IN THE FIELDS OF MUSIC, [ FASHION, TALENT SEARCHES AND HEALTH AWARENESS ] VIA A GLOBAL COMPUTER NETWORK; [ ENTERTAINMENT IN THE NATURE OF FASHION SHOWS AND ENTERTAINMENT IN THE NATURE OF FASHION SHOWS, WHICH MAY BE ACCESSED VIA GLOBAL COMPUTER NETWORKS; ENTERTAINMENT SERVICES, NAMELY, LIVE MUSICAL AND VOCAL PERFORMANCES BY A SOLO ARTISTS; ] ENTERTAINMENT SERVICES, NAMELY, LIVE MUSICAL AND VOCAL PERFORMANCES BY A GROUP OF SINGERS; ENTERTAINMENT, NAMELY, LIVE PERFORMANCES BY POPULAR MUSIC GROUPS; ENTERTAINMENT, namely, LIVE MUSIC CONCERTS; SONG WRITING SERVICES; MUSIC PUBLISHING SERVICES; CONCERT BOOKING; FAN CLUBS; TALENT SEARCH SERVICES; [ PRODUCTION OF FASHION SHOWS; PUBLICATION OF BOOKS AND MULTIMEDIA SOFTWARE; ] MUSIC COMPOSITION AND TRANSCRIPTION FOR OTHERS; SCRIPT WRITING SERVICES; [ MULTIMEDIA ENTERTAINMENT SOFTWARE PRODUCTION SERVICES; SCHEDULING OF PROGRAMS ON A GLOBAL COMPUTER NETWORK; ] AUDIO RECORDING AND PRODUCTION; [ RECORD MASTER PRODUCTION; RECORD PRODUCTION; MOTION PICTURE FILM PRODUCTION; PRODUCTION AND DISTRIBUTION OF MOTION PICTURES;] SOUND RECORDING STUDIOS; RECORDING STUDIOS; [ RENTAL OF SOUND RECORDINGS; ENTERTAINMENT NAMELY, PREPARATION OF SPECIAL EFFECTS; ] ENTERTAINMENT IN THE NATURE OF THEATER PRODUCTIONS; [ ANIMATION PRODUCTION SERVICES; DISTRIBUTION OF RADIO AND TELEVISION PROGRAMS FOR OTHERS; EDITING FILM AND VIDEO TAPE; ELECTRONIC PUBLISHING SERVICES, NAMELY, PUBLICATION OF TEXT AND GRAPHIC WORKS OF OTHERS ON CD-ROMs FEATURING SPORTS, MUSIC, WORLD WIDE WEB DESIGN, FASHION, AND INSTRUCTION IN THE FIELDS OF MUSIC, COMPUTER MUSIC, WORLD WIDE WEB DESIGN AND HEALTH AWARENESS; ENTERTAINMENT IN THE NATURE OF COMPETITIONS IN THE FIELD OF MUSIC TALENT; ] EDUCATIONAL AND ENTERTAINMENT SERVICES, NAMELY, PROVIDING MOTIVATIONAL AND EDUCATIONAL SPEAKERS; [ PRODUCTION OF FILM STUDIES; CONDUCTING ENTERTAINMENT EXHIBITIONS IN THE NATURE OF MUSIC TALENT, FASHION AND HEALTH AWARENESS; ] CONDUCTING WORKSHOPS AND SEMINARS IN SELF AWARENESS; ENTERTAINMENT SERVICES, NAMELY, PERSONAL, APPEARANCES BY A RECORDING ARTIST OR CELEBRITY [ ; ORGANIZING EXHIBITIONS FOR MUSIC, FASHION AND HEALTH AWARENESS; EXHIBITIONS IN THE NATURE OF MUSIC, FASHION AND HEALTH AWARENESS; WORKSHOPS AND SEMINARS IN THE FIELD OF HEALTH AWARENESS; EDUCATIONAL DEMONSTRATIONS IN THE FIELD OF HEALTH, MUSIC AND FASHION ]. FIRST USE: 19931105. FIRST USE IN COMMERCE: 19931105
Mark Drawing Code
        (1) TYPED DRAWING
Serial Number
        78125872
Filing Date
        May 2, 2002
Current Filing Basis
        1A
Original Filing Basis
        1A;44D
Publication for Opposition Date
        May 27, 2003
Registration Number
        2752987
Registration Date
        August 19, 2003
Owner Name and Address
        (REGISTRANT) Stewart, Mark-Lambert , Swartout INDIVIDUAL CANADA No. 155 - 6 Slington House, Rankine Road BASINGSTOKE UNITED KINGDOM RG24 8PH

        (LAST LISTED OWNER) STEWART, MARK LAMBERT SWARTOUT INDIVIDUAL UNITED STATES 315 PROSPECT ST #294 BELLINGHAM WASHINGTON 98227
Assignment Recorded
        ASSIGNMENT RECORDED
Priority Date
        November 3, 2001
Prior Registration(s)
        2594797
Disclaimer Statement
        NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE "MUSIC" APART FROM THE MARK AS SHOWN
Type of Mark
        SERVICE MARK
Register
        PRINCIPAL
Affidavit Text
        SECT 8 (6-YR). SECTION 8(10-YR) 20130830.
Renewal
        1ST RENEWAL 20130830
Live Dead Indicator
        LIVE

Mark
        THE ROYS
Goods and Services
        IC 009. US 021 023 026 036 038. G & S: Audio digital tapes featuring recorded music and recordings of performances of live music, drama and comedy; audio discs featuring recorded music and recordings of performances of live music, drama and comedy; series of audio recordings featuring music and performances of live music, drama and comedy; audio tapes featuring recorded music and recordings of performances of live music, drama and comedy; DVDs featuring recorded music and recordings of performances of live music, drama and comedy; interactive multimedia computer program for mixing and modifying recorded music and recordings of performances of live music, drama and comedy; musical, drama and comedy sound recordings; musical, drama and comedy video recordings; video disks featuring recorded music and recordings of performances of live music, drama and comedy; video recordings featuring music and performances of live music, drama and comedy. FIRST USE: 19881001. FIRST USE IN COMMERCE: 19881001

        IC 041. US 100 101 107. G & S: Audio recording and production; concert booking; conducting entertainment exhibitions in the nature of live musical performances by a music band and presentation of live drama and comedy show performances; dance events; editing or recording of sounds and images; entertainment in the nature of live concerts and dances by a musical group and live performances by a musical group; entertainment in the nature of light shows; entertainment in the nature of visual and audio performances, and musical, variety, news and comedy shows; entertainment in the nature of visual and audio performances, namely, musical band, rock group, gymnastic, dance, and ballet performances; entertainment in the nature of live performances by a musical group; entertainment services, namely, providing a web site featuring musical performances, musical videos, related film clips, photographs, and other multimedia materials; entertainment services, namely, providing prerecorded music, information in the field of music, and commentary and articles about music, all on-line via a global computer network; entertainment services namely live, televised and movie appearances by a professional entertainer; entertainment, namely live performances by musical bands; entertainment, namely live music concerts; motion picture song production; music composition for others; presentation of live show performances; presentation of musical performances. FIRST USE: 19881001. FIRST USE IN COMMERCE: 19881001
Standard Characters Claimed
        STANDARD CHARACTERS CLAIMED
Mark Drawing Code
        (4) STANDARD CHARACTER MARK
Serial Number
        78876559
Filing Date
        May 4, 2006
Current Filing Basis
        1A
Original Filing Basis
        1A
Publication for Opposition Date
        March 6, 2007
Registration Number
        3244410
Registration Date
        May 22, 2007
Owner Name and Address
        (REGISTRANT) Bolduc, Elaine INDIVIDUAL UNITED STATES 113 Town Farm Road Westminster MASSACHUSETTS 014731004

        (REGISTRANT) Roy, Lee INDIVIDUAL UNITED STATES 52 Kyle Drive Templeton MASSACHUSETTS 014681438

        (LAST LISTED OWNER) ROY, LEE INDIVIDUAL UNITED STATES 212 BUCKLEIGH POINT GALLATIN TENNESSEE 37066

        (LAST LISTED OWNER) ROY, ELAINE AKA The Roys INDIVIDUAL UNITED STATES 106 SOUTH SHADOWHAVEN WAY HENDERSONVILLE TENNESSEE 37075
Assignment Recorded
        ASSIGNMENT RECORDED
Description of Mark
        Color is not claimed as a feature of the mark.
Type of Mark
        TRADEMARK. SERVICE MARK
Register
        PRINCIPAL-2(F)
Affidavit Text
        SECT 8 (6-YR). SECTION 8(10-YR) 20161112.
Renewal
        1ST RENEWAL 20161112
Live Dead Indicator
        LIVE

Mark
        JYP ENTERTAINMENT
Goods and Services
        IC 009. US 021 023 026 036 038. G & S: Musical sound recordings and musical video recordings; Digital media, namely, CDs, and downloadable audio and video files, and MP3 files featuring musical performances, music videos, and entertainment, namely, live performances by a musical group and personal appearances by a celebrity. FIRST USE: 20010424. FIRST USE IN COMMERCE: 20080822

        IC 041. US 100 101 107. G & S: Entertainment in the nature of live performances by a musical artist, musical group or musical band; Entertainment in the nature of personal appearances by a musician, musical group, musical band, entertainer, actor, or celebrity; Music production services; Production of sound and music video recordings; Music composition and transcription for others; Musical composition and production of musical sound recordings; Entertainment services in the nature of music recording and sound recording studio services; Production and publishing of musical compositions; Music publishing; Record production; Distribution of musical, audio, and video programs; Training young talents in the field of entertainment, singing, and dancing; Educational services in the nature of conducting classes and workshops in the field of music, musical performance, music concerts, music competitions, and entertainment services; Educational services and training services in the nature of providing classes, seminars, tutoring, and mentoring in the fields of entertainment, singing, and dancing; Artist development, namely, mentoring in the field of songwriting, composing, music producing, and successful marketing for the nurturing of new artists; Conducting talent search competitions and contests; Arranging and conducting of concerts; Concert booking; Entertainment in the nature of travelling tours featuring music; Entertainment services, namely, providing a web site featuring non-downloadable musical performances, musical videos, related film clips, and photographs; Providing a website on a global computer network featuring information on entertainment, musical performers and producers, and related musical performances, biographies, productions, sound and video recordings, appearances, and concerts. FIRST USE: 20010424. FIRST USE IN COMMERCE: 20020202
Standard Characters Claimed
        STANDARD CHARACTERS CLAIMED
Mark Drawing Code
        (4) STANDARD CHARACTER MARK
Serial Number
        85105471
Filing Date
        August 11, 2010
Current Filing Basis
        1A
Original Filing Basis
        1A
Publication for Opposition Date
        May 24, 2011
Registration Number
        4008570
Registration Date
        August 9, 2011
Owner Name and Address
        (REGISTRANT) JYP Entertainment Co., Ltd. CORPORATION REPUBLIC OF KOREA JYP Center 123-50 Cheongdam-dong, Kangnam-ku Seoul REPUBLIC OF KOREA
Disclaimer Statement
        NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE "ENTERTAINMENT" APART FROM THE MARK AS SHOWN
Type of Mark
        TRADEMARK. SERVICE MARK
Register
        PRINCIPAL
Affidavit Text
        SECT 15. SECT 8 (6-YR).
Live Dead Indicator
        LIVE
Attorney of Record
        Michael Stein

Mark
        GENETRIX SOCIETY
Goods and Services
        IC 041. US 100 101 107. G & S: Arranging and conducting of concerts; Arranging and conducting special events for social entertainment purposes; Concert booking; Conducting entertainment exhibitions in the nature of music, art, and social awareness; Entertainment in the nature of live stage performances in the nature of music, art, sporting events in the field of music, sports, exhibitions by an individual; Entertainment, namely, live music concerts; Entertainment, namely, live performances by musical bands; Film and video film production; Live performances by a musical group; Live performances featuring prerecorded vocal and instrumental performances viewed on a big screen; Provision of information relating to live performances, road shows, live stage events, theatrical performances, live music concerts and audience participation in such events; Ticket reservation and booking services for recreational and leisure events, namely, concerts and events. FIRST USE: 20100101. FIRST USE IN COMMERCE: 20100101
Standard Characters Claimed
        STANDARD CHARACTERS CLAIMED
Mark Drawing Code
        (4) STANDARD CHARACTER MARK
Serial Number
        86340041
Filing Date
        July 17, 2014
Current Filing Basis
        1A
Original Filing Basis
        1A
Publication for Opposition Date
        December 9, 2014
Registration Number
        4692232
Registration Date
        February 24, 2015
Owner Name and Address
        (REGISTRANT) Muse Holliday Inc CORPORATION GEORGIA 2940 Johnson Ferry Road Suite B338 Marietta GEORGIA 30062
Disclaimer Statement
        NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE "SOCIETY" APART FROM THE MARK AS SHOWN
Type of Mark
        SERVICE MARK
Register
        PRINCIPAL
Live Dead Indicator
        LIVE
Attorney of Record
        Cesar Denning Rodriguez

Mark
        RONNIE RAY ALLDAY
Pseudo Mark
        RONNIE RAY ALL DAY
Goods and Services
        IC 009. US 021 023 026 036 038. G & S: Audio tapes featuring music; Compact discs featuring music; Compact discs featuring music and spoken word in the form of poetry; Downloadable MP3 files and MP3 recordings featuring MUSIC; Downloadable musical sound recordings; Phonograph records featuring music; Pre-recorded CDs, video tapes, laser disks and DVDs featuring MUSIC; Prerecorded audio tapes featuring music; Prerecorded video cassettes featuring music; Prerecorded video tapes featuring music. FIRST USE: 19990411. FIRST USE IN COMMERCE: 19990411

        IC 041. US 100 101 107. G & S: Audio recording and production; Composition of music for others; Concert booking; Consultation and advice regarding musical selections and arrangements for sound recordings and live performances; Entertainment services in the nature of development, creation, production and post-production services of multimedia entertainment content; Entertainment services in the nature of live visual and audio performances, namely, musical band, rock group, gymnastic, dance, and ballet performances; Entertainment services in the nature of live visual and audio performances, namely, musical, variety, news and comedy shows; Entertainment services, namely, providing advice and information for music, video and film concept and script development; Entertainment, namely, live music concerts; Entertainment, namely, live performances by a musical band; Live performances by a musical group; Music production services; Music transcription for others; Music video production; Musical event booking agencies; Production of audio recording; Production of cable television programs; Production of closed caption television programs; Production of DVDs featuring MUSIC; Production of films; Production of musical sound recording; Production of musical videos; Production of radio or television programs; Production of sound and music video recordings; Production of sound recordings; Production of television and radio programmes; Production of television programs; Production of video and computer game software; Production of video cassettes; Production of video discs for others; Providing a website featuring information in the field of music and entertainment; Providing an Internet website portal featuring links to musical artist websites and music performance ticket information; Providing an Internet website portal in the field of music. Providing information relating to sporting, cultural and live theatrical productions; Providing on-line music, not downloadable; Providing voice overs for tapes, records and other recorded media for entertainment and education purposes; Provision of information relating to live performances, road shows, live stage events, theatrical performances, live music concerts and audience participation in such events; Provision of information relating to music; Record master production; Record production; Recording studio services; Theatrical and musical floor shows provided at discotheques and nightclubs; Theatrical and musical floor shows provided at performance venues. FIRST USE: 19990411. FIRST USE IN COMMERCE: 19990411
Standard Characters Claimed
        STANDARD CHARACTERS CLAIMED
Mark Drawing Code
        (4) STANDARD CHARACTER MARK
Serial Number
        86490985
Filing Date
        December 28, 2014
Current Filing Basis
        1A
Original Filing Basis
        1A
Publication for Opposition Date
        June 2, 2015
Registration Number
        4794192
Registration Date
        August 18, 2015
Owner Name and Address
        (REGISTRANT) Rene Hernandez AKA Ronnie Ray AllDay INDIVIDUAL UNITED STATES 2621 Ave.F Rosenberg TEXAS 77471
Prior Registration(s)
        4208697
Type of Mark
        TRADEMARK. SERVICE MARK
Register
        PRINCIPAL
Other Data
        The name "RONNIE RAY ALLDAY" identifies a living individual whose consent is of record.
Live Dead Indicator
        LIVE

Mark
        GLORIA TREVI
Goods and Services
        IC 025. US 022 039. G & S: Clothing, namely, caps, hats, jackets, T-shirts, tank tops, shirts, sweat shirts, socks, ties, scarves, shorts, skirts, trousers, underwear, pullovers, cardigans, track pants, blouses, dresses; footwear, namely, boots, shoes, sandals, slippers. FIRST USE: 20140201. FIRST USE IN COMMERCE: 20140201

        IC 041. US 100 101 107. G & S: Entertainment in the nature of a live performances by a musical performer, musical band or musical group; entertainment in the nature of live performances by a musical artist, musical group or musical band; entertainment in the nature of live visual and audio performances by a musical artist, musical group and musical band; entertainment, namely, live music concerts; entertainment, namely, personal appearances by a musician, musical group or musical band; entertainment services, namely, providing a web site featuring non-downloadable musical performance videos, musical videos, film clips featuring music, photographs featuring musical performances, and audio and video recordings featuring music; entertainment services, namely, providing non-downloadable prerecorded music, information in the field of music, commentary and articles about music, all online via a global computer network; entertainment in the nature of traveling tours featuring music, namely, arranging and conducting concerts, concert booking, live music concerts; entertainment services, namely, providing online non-downloadable pre-recorded music and videos featuring musical-based entertainment via computer; audio recording and production; music publishing services, music composition and transcription for others. FIRST USE: 19931201. FIRST USE IN COMMERCE: 19931201
Standard Characters Claimed
        STANDARD CHARACTERS CLAIMED
Mark Drawing Code
        (4) STANDARD CHARACTER MARK
Serial Number
        86309233
Filing Date
        June 13, 2014
Current Filing Basis
        1A
Original Filing Basis
        1B
Publication for Opposition Date
        November 18, 2014
Registration Number
        4951998
Registration Date
        May 3, 2016
Owner Name and Address
        (REGISTRANT) Gloria de los Angeles Treviño Ruiz INDIVIDUAL MEXICO Col. Lindavista Latacunga 809-5 Mexico, DF MEXICO CP07300
Prior Registration(s)
        4512634;4516545
Type of Mark
        TRADEMARK. SERVICE MARK
Register
        PRINCIPAL
Other Data
        The name(s), portrait(s), and/or signature(s) shown in the mark identifies "GLORIA TREVI", whose consent(s) to register is made of record.
Live Dead Indicator
        LIVE
Attorney of Record
        Matthew R. Mowers

Mark
        DR ROCK
Goods and Services
        IC 041. US 100 101 107. G & S: Concert booking; Live performances by a musical group; Live performances featuring prerecorded vocal and instrumental performances viewed on a big screen; Live aerial acrobatic performances on fabric, hoop, trapeze, aerial and yoga hammock, corde lisse, net, and bungee; Recording studio services; Recording studios; Arranging and conducting of concerts; Consultation and advice regarding musical selections and arrangements for sound recordings and live performances; Consultation and advice regarding the rental of recording studios and venues; Entertainment in the nature of live performances by a musical band; Entertainment in the nature of live radio personality performances; Entertainment in the nature of live stage performances in the nature of live audio performances in the field of music by an individual; Entertainment services in the nature of live audio performances by a musical band; Entertainment services in the nature of live musical performances; Entertainment services in the nature of live visual and audio performances by a musical band; Entertainment services in the nature of live visual and audio performances, namely, musical, variety, news and comedy shows; Entertainment services in the nature of live visual and audio performances by an actor; Entertainment services in the nature of live vocal performances by a musical band; Entertainment services in the nature of live a musical band performances; Entertainment services in the nature of presenting live musical performances; Entertainment, namely, live performances by a musical band; Entertainment, namely, live performances by musical bands; Entertainment, namely, live performances by rock groups; Entertainment, namely, live music concerts; Presentation of live show performances; Provision of information relating to live performances, road shows, live stage events, theatrical performances, live music concerts and audience participation in such events; Rental of stadium facilities; Sound recording studios; Ticket reservation and booking services for recreational and leisure events, namely, a musical band; Music video production; Music production services; Music selection services for use in television, film, radio and video games; Entertainment services by a musical artist and producer, namely, musical composition for others and production of musical sound recordings; Entertainment services in the nature of live visual and audio performances, namely, musical band, rock group, gymnastic, dance, and ballet performances; Entertainment services, namely, dance events by a recording artist; Entertainment services, namely, providing advice and information for music, video and film concept and script development; Entertainment services, namely, providing information about a recording artist via an online network; Multimedia entertainment services in the nature of recording, production and post-production services in the fields of music, video, and films; Production of music; Production of sound and music video recordings; Providing ratings for television, movie, music, video and video game content. FIRST USE: 20030101. FIRST USE IN COMMERCE: 20030101
Standard Characters Claimed
        STANDARD CHARACTERS CLAIMED
Mark Drawing Code
        (4) STANDARD CHARACTER MARK
Serial Number
        86930095
Filing Date
        March 5, 2016
Current Filing Basis
        1A
Original Filing Basis
        1A
Publication for Opposition Date
        February 14, 2017
Registration Number
        5194134
Registration Date
        May 2, 2017
Owner Name and Address
        (REGISTRANT) Paguio , Alfredo ,W AKA Freddie Paguio INDIVIDUAL UNITED STATES 5630 Odessa drive las vegas NEVADA 89142
Type of Mark
        SERVICE MARK
Register
        PRINCIPAL
Live Dead Indicator
        LIVE

Mark
        THE LEGACY SHOW
Goods and Services
        IC 041. US 100 101 107. G & S: Touring live music show with multimedia production that depicts a sanctioned story of a popular music group; live music show; entertainment in the nature of live performances by a musical group; concert booking; musical event booking agencies; entertainment event booking agencies. FIRST USE: 20140700. FIRST USE IN COMMERCE: 20140700
Mark Drawing Code
        (5) WORDS, LETTERS, AND/OR NUMBERS IN STYLIZED FORM
Serial Number
        86343123
Filing Date
        July 21, 2014
Current Filing Basis
        1A
Original Filing Basis
        1B
Publication for Opposition Date
        July 21, 2015
Registration Number
        5064718
Registration Date
        October 18, 2016
Owner Name and Address
        (REGISTRANT) Patricia Byrnes INDIVIDUAL UNITED STATES P.O. Box 586 Accord MASSACHUSETTS 02018
Disclaimer Statement
        NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE "SHOW" APART FROM THE MARK AS SHOWN
Description of Mark
        Color is not claimed as a feature of the mark. The mark consists of the stylized words "THE" above the term "LEGACY" above the term "SHOW".
Type of Mark
        SERVICE MARK
Register
        PRINCIPAL
Live Dead Indicator
        LIVE
Attorney of Record
        Adam J. Bruno

Mark
        UNCUT RECORDS
Goods and Services
        IC 041. US 100 101 107. G & S: Entertainment services, namely, record label services provided to recording artists in the nature of music production services namely mastering music, mixing music, making music videos; production of musical sound recordings; music composition services; editing of musical sound recordings and recording of musical sound recordings; Independent record label services, namely, production of music, video, and multimedia recordings and entertainment services in the nature of live musical performances by a musical group, band, solo artist, or a Disk Jockey; Record label services, namely, music publishing; Disk Jockey services and Master of Ceremony Services for parties and special events, namely, the provision of live music mixing and pre-recorded music for entertaining the audience; Production of musical sound recording and music publishing services; Audio recording and production; Recording of musical sounds and production of sound recordings; Record production; Songwriting for non advertising purposes; Music production services; Record label services, namely, music composition, music publishing, recording studio services, sound recording services, editing and recording of sound and images in the nature of music and music videos, audio and music video recording and production; Entertainment services, namely, producing recordings and audiovisual recordings in the nature of live performances by various musical artists; producing musical tours and musical festivals; On-line journals, namely, blogs featuring music and entertainment; Providing information over the internet concerning the music entertainment industry, namely, information about musicians, bands, concerts, radio stations, contests, record labels, live broadcasts,; Concert production services; Entertainment services, namely, producing performances of musical artists for concerts; concert booking; entertainment, namely live music concerts; Arranging for reservations for concerts and music events; Booking of concert tickets; Entertainment services, namely, providing on-line reviews of concerts, CDs, DVDs, and music; Entertainment services, namely, providing pre-recorded music, information in the field of music, and commentary and articles about music, all on-line via the internet; Entertainment services, namely, providing a website featuring information in the field of music, namely, musicians, bands, concerts, radio stations, contests, record labels and links to related websites; Entertainment services, namely, providing a website featuring information concerning musical artists, namely, concert information, biographical information, discography, product availability information, news releases, and nondownloadable sound and video clips; Entertainment services, namely conducting on-line contests relating to concerts and music events; arranging concerts and music events based on results of online voting, contests, and polls. FIRST USE: 20191011. FIRST USE IN COMMERCE: 20191011
Standard Characters Claimed
        STANDARD CHARACTERS CLAIMED
Mark Drawing Code
        (4) STANDARD CHARACTER MARK
Serial Number
        88488392
Filing Date
        June 25, 2019
Current Filing Basis
        1A
Original Filing Basis
        1B
Publication for Opposition Date
        December 31, 2019
Registration Number
        6012039
Registration Date
        March 17, 2020
Owner Name and Address
        (REGISTRANT) Sanchez, Joel INDIVIDUAL UNITED STATES 3752 Triton Dr Palmdale CALIFORNIA 93550

        (REGISTRANT) Lopez, Enrique INDIVIDUAL UNITED STATES 3752 Triton Dr Palmdale CALIFORNIA 93550
Disclaimer Statement
        NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE "RECORDS" APART FROM THE MARK AS SHOWN
Type of Mark
        SERVICE MARK
Register
        PRINCIPAL
Live Dead Indicator
        LIVE
Attorney of Record
        Jack Fritz

 

 

United States Patent and Trademark Office (USPTO)

 

USPTO OFFICIAL NOTICE

 

Office Action (Official Letter) has issued

on April 06, 2020 for

U.S. Trademark Application Serial No. 88760893

 

Your trademark application has been reviewed by a trademark examining attorney.  As part of that review, the assigned attorney has issued an official letter that you must respond to by the specified deadline or your application will be abandoned.  Please follow the steps below.

 

(1)  Read the official letter.

 

(2)  Direct questions about the contents of the Office action to the assigned attorney below. 

 

 

/Kim Teresa Moninghoff/

Examining Attorney

Law Office 113

Phone:  571-272-4738

Email:  kim.moninghoff@uspto.gov

 

 

 

Direct questions about navigating USPTO electronic forms, the USPTO website, the application process, the status of your application, and/or whether there are outstanding deadlines or documents related to your file to the Trademark Assistance Center (TAC).

 

(3)  Respond within 6 months (or earlier, if required in the Office action) from April 06, 2020, using the Trademark Electronic Application System (TEAS).  The response must be received by the USPTO before midnight Eastern Time of the last day of the response period.  See the Office action for more information about how to respond

 

 

 

GENERAL GUIDANCE

·         Check the status of your application periodically in the Trademark Status & Document Retrieval (TSDR) database to avoid missing critical deadlines.

 

·         Update your correspondence email address, if needed, to ensure you receive important USPTO notices about your application.

 

·         Beware of misleading notices sent by private companies about your application.  Private companies not associated with the USPTO use public information available in trademark registrations to mail and email trademark-related offers and notices – most of which require fees.  All official USPTO correspondence will only be emailed from the domain “@uspto.gov.”