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
The table below presents the data as entered.
Input Field
|
Entered
|
SERIAL NUMBER |
88792109 |
LAW OFFICE ASSIGNED |
LAW OFFICE 103 |
MARK SECTION |
MARK |
mark |
LITERAL ELEMENT |
PLATINUM |
STANDARD CHARACTERS |
YES |
USPTO-GENERATED IMAGE |
YES |
MARK STATEMENT |
The mark consists of standard characters, without claim to any particular font style, size or color. |
ARGUMENT(S) |
Applicant respectfully requests that the examining attorney further consider Applicant's arguments against the Section 2(d) refusal based on the
mark PLATINUM RYE in U.S. Reg. No. 5,959,969. In the event that the examining attorney maintains the refusal, applicant requests that no amendment be entered, and that examination proceed at this
time with the original identification of services provided in the application, namely "Personal management services for entertainers." If the examining attorney agrees with Applicant's response that
the proposed amendment supports withdrawing the refusal because of the coexistence of other marks featuring the term PLATINUM in whole or in part for similar services, Applicant will agree to enter
by examiner?s amendment the proposed further amendments to limit the identification to "Personal management services for online streamers of entertainment." |
GOODS AND/OR SERVICES SECTION (current) |
INTERNATIONAL CLASS |
035 |
DESCRIPTION |
Personal management services for online streamers |
FILING BASIS |
Section 1(a) |
FIRST USE ANYWHERE DATE |
At least as early as 05/06/2019 |
FIRST USE IN COMMERCE DATE |
At least as early as 05/06/2019 |
GOODS AND/OR SERVICES SECTION (proposed) |
INTERNATIONAL CLASS |
035 |
TRACKED TEXT DESCRIPTION |
Personal management services for online streamers; Personal
management services for entertainers |
FINAL DESCRIPTION |
Personal management services for entertainers |
FILING BASIS |
Section 1(a) |
FIRST USE ANYWHERE DATE |
At least as early as 05/06/2019 |
FIRST USE IN COMMERCE DATE |
At least as early as 05/06/2019 |
CORRESPONDENCE INFORMATION (current) |
NAME |
Nina D. Boyajian |
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE |
gtipmail@gtlaw.com |
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) |
boyajiann@gtlaw.com; wesemand@gtlaw.com; dittmerj@gtlaw.com; riveraal@gtlaw.com |
DOCKET/REFERENCE NUMBER |
192851010100 |
CORRESPONDENCE INFORMATION (proposed) |
NAME |
Nina D. Boyajian |
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE |
gtipmail@gtlaw.com |
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) |
boyajiann@gtlaw.com; wesemand@gtlaw.com; dittmerj@gtlaw.com; riveraal@gtlaw.com |
DOCKET/REFERENCE NUMBER |
192851010100 |
SIGNATURE SECTION |
RESPONSE SIGNATURE |
/DHW/ |
SIGNATORY'S NAME |
Draeke H. Weseman |
SIGNATORY'S POSITION |
Attorney of record, Minnesota Bar member |
SIGNATORY'S PHONE NUMBER |
6122599722 |
DATE SIGNED |
07/29/2020 |
AUTHORIZED SIGNATORY |
YES |
FILING INFORMATION SECTION |
SUBMIT DATE |
Wed Jul 29 17:06:46 ET 2020 |
TEAS STAMP |
USPTO/ROA-XXX.X.XX.XXX-20
200729170646468092-887921
09-74046b45a7ffbed82c9699
c9fe5ca98dd2582ba969723bf
45852b752a6ec2fe81-N/A-N/
A-20200729165641094924 |
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.
88792109 PLATINUM(Standard Characters, see http://uspto.report/TM/88792109/mark.png) has been amended as follows:
ARGUMENT(S)
In response to the substantive refusal(s), please note the following:
Applicant respectfully requests that the examining attorney further consider Applicant's arguments against the Section 2(d) refusal based on the mark PLATINUM RYE in U.S. Reg. No. 5,959,969. In the
event that the examining attorney maintains the refusal, applicant requests that no amendment be entered, and that examination proceed at this time with the original identification of services
provided in the application, namely "Personal management services for entertainers." If the examining attorney agrees with Applicant's response that the proposed amendment supports withdrawing the
refusal because of the coexistence of other marks featuring the term PLATINUM in whole or in part for similar services, Applicant will agree to enter by examiner?s amendment the proposed further
amendments to limit the identification to "Personal management services for online streamers of entertainment."
CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following:
Current:
Class 035 for Personal management services for online streamers
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 05/06/2019 and first used in commerce at least as early as 05/06/2019 , and
is now in use in such commerce.
Proposed:
Tracked Text Description: Personal management services for online streamers;
Personal management services for
entertainersClass 035 for Personal management services for entertainers
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 05/06/2019 and first used in commerce at least as early as 05/06/2019 , and
is now in use in such commerce.
Correspondence Information (current):
Nina D. Boyajian
PRIMARY EMAIL FOR CORRESPONDENCE: gtipmail@gtlaw.com
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): boyajiann@gtlaw.com; wesemand@gtlaw.com; dittmerj@gtlaw.com; riveraal@gtlaw.com
The docket/reference number is 192851010100.
Correspondence Information (proposed):
Nina D. Boyajian
PRIMARY EMAIL FOR CORRESPONDENCE: gtipmail@gtlaw.com
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): boyajiann@gtlaw.com; wesemand@gtlaw.com; dittmerj@gtlaw.com; riveraal@gtlaw.com
The docket/reference number is 192851010100.
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: /DHW/ Date: 07/29/2020
Signatory's Name: Draeke H. Weseman
Signatory's Position: Attorney of record, Minnesota Bar member
Signatory's Phone Number: 6122599722
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: Nina D. Boyajian
Greenberg Traurig, LLP
1840 Century Park East, Suite 1900
Los Angeles, California 90067
Mailing Address: Nina D. Boyajian
Greenberg Traurig, LLP
1840 Century Park East, Suite 1900
Los Angeles, California 90067
Serial Number: 88792109
Internet Transmission Date: Wed Jul 29 17:06:46 ET 2020
TEAS Stamp: USPTO/ROA-XXX.X.XX.XXX-20200729170646468
092-88792109-74046b45a7ffbed82c9699c9fe5
ca98dd2582ba969723bf45852b752a6ec2fe81-N
/A-N/A-20200729165641094924