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 11/30/2023)

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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 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