Response to Office Action

PLATINUM ENTERTAINMENT MANAGEMENT

Sayers, Matthew F

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)

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



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