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 11/30/2023) |
Response to Office Action
The table below presents the data as entered.
Input Field
|
Entered
|
SERIAL NUMBER |
88854470 |
LAW OFFICE ASSIGNED |
LAW OFFICE 127 |
MARK SECTION |
MARK |
mark |
LITERAL ELEMENT |
OB-XA |
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. |
GOODS AND/OR SERVICES SECTION (current) |
INTERNATIONAL CLASS |
009 |
DESCRIPTION |
software for creating and processing music and sounds; user interface software for controlling musical instruments |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (proposed) |
INTERNATIONAL CLASS |
009 |
TRACKED TEXT DESCRIPTION |
software for creating and processing music and sounds; downloadable
and recorded software for creating and processing music and sounds; user interface software for controlling musical instruments; downloadable and recorded user interface software for controlling musical instruments |
FINAL DESCRIPTION |
downloadable and recorded software for creating and processing music and sounds; downloadable and recorded user interface software for
controlling musical instruments |
FILING BASIS |
Section 1(b) |
CORRESPONDENCE INFORMATION (current) |
NAME |
DAVID M. KELLY |
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE |
docketing@kelly-ip.com |
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) |
david.kelly@kelly-ip.com; kelly.kurtz@kelly-ip.com |
DOCKET/REFERENCE NUMBER |
363.0005 |
CORRESPONDENCE INFORMATION (proposed) |
NAME |
David M. Kelly |
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE |
docketing@kelly-ip.com |
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) |
david.kelly@kelly-ip.com; kelly.kurtz@kelly-ip.com |
DOCKET/REFERENCE NUMBER |
363.0005 |
SIGNATURE SECTION |
ORIGINAL PDF FILE |
HS_742208179-112429158_._ ob-xa_signed_verified_sta
tement__1267722xD1162_.pdf |
CONVERTED PDF FILE(S)
(1 page) |
\\TICRS\EXPORT18\IMAGEOUT 18\888\544\88854470\xml5\ ROA0002.JPG |
SIGNATORY'S NAME |
Tom Oberheim |
SIGNATORY'S POSITION |
Owner |
RESPONSE SIGNATURE |
/david m. kelly/ |
SIGNATORY'S NAME |
David M. Kelly |
SIGNATORY'S POSITION |
Attorney for Applicant, DC Bar member |
SIGNATORY'S PHONE NUMBER |
2028083570 |
DATE SIGNED |
12/18/2020 |
AUTHORIZED SIGNATORY |
YES |
FILING INFORMATION SECTION |
SUBMIT DATE |
Sun Dec 20 10:06:22 ET 2020 |
TEAS STAMP |
USPTO/ROA-XX.XXX.XX.XX-20
201220100622759024-888544
70-750fca73c212384348569b
9b5f8102c5aa4b9fc64814139
9016d6ab3feb0147b-N/A-N/A
-20201218162742136913 |
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 11/30/2023) |
Response to Office Action
To the Commissioner for Trademarks:
Application serial no.
88854470 OB-XA(Standard Characters, see http://uspto.report/TM/88854470/mark.png) has been amended as follows:
CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following:
Current:
Class 009 for software for creating and processing music and sounds; user interface software for controlling musical instruments
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: software for creating and processing music and sounds;
downloadable and recorded software for
creating and processing music and sounds;
user interface software for controlling musical instruments;
downloadable and
recorded user interface software for controlling musical instrumentsClass 009 for downloadable and recorded software for creating and processing music and sounds; downloadable and recorded user
interface software for controlling musical instruments
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):
DAVID M. KELLY
PRIMARY EMAIL FOR CORRESPONDENCE: docketing@kelly-ip.com
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): david.kelly@kelly-ip.com; kelly.kurtz@kelly-ip.com
The docket/reference number is 363.0005.
Correspondence Information (proposed):
David M. Kelly
PRIMARY EMAIL FOR CORRESPONDENCE: docketing@kelly-ip.com
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): david.kelly@kelly-ip.com; kelly.kurtz@kelly-ip.com
The docket/reference number is 363.0005.
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
Original PDF file:
HS_742208179-112429158_._
ob-xa_signed_verified_sta tement__1267722xD1162_.pdf
Converted PDF file(s) (1 page)
Signature File1
Signatory's Name: Tom Oberheim
Signatory's Position: Owner
Response Signature
Signature: /david m. kelly/ Date: 12/18/2020
Signatory's Name: David M. Kelly
Signatory's Position: Attorney for Applicant, DC Bar member
Signatory's Phone Number: 2028083570
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: DAVID M. KELLY
KELLY IP, LLP
SUITE 300
1300 19TH STREET, NW
WASHINGTON, District of Columbia 20036
Mailing Address: David M. Kelly
KELLY IP, LLP
SUITE 300
1300 19TH STREET, NW
WASHINGTON, District of Columbia 20036
Serial Number: 88854470
Internet Transmission Date: Sun Dec 20 10:06:22 ET 2020
TEAS Stamp: USPTO/ROA-XX.XXX.XX.XX-20201220100622759
024-88854470-750fca73c212384348569b9b5f8
102c5aa4b9fc648141399016d6ab3feb0147b-N/
A-N/A-20201218162742136913