Post Publication Amendment

PTO- 1771

Approved for use through 11/30/2023. OMB 0651-0050

U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number

---

PTO- 1771

Approved for use through 11/30/2023. OMB 0651-0050

U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number

Post-Approval/Publication/Post-Notice of Allowance (NOA) Amendment

To the Commissioner for Trademarks:

Application serial no. 88864029 AD SONAR(Standard Characters, see http://uspto.report/TM/88864029/mark.png) has been amended as follows:

EXPLANATION OF FILING
Applicant respectfully submits its amendment to the instant application's descriptions of goods and services in accordance with the settlement discussions held by Applicant and potential opposer Advanced Music, S.L. whose final 60-Day Request for Extension of Time to Oppose has been granted by the TTAB through January 31, 2021.

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 009 for Customized content distribution and delivery systems, namely, computer software and computer hardware for preparing, customizing, scheduling and enabling the distribution and selective delivery of visual, audio, and multimedia content in the nature of advertisements via broadcast and non-broadcast delivery networks and systems
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: Customized content distribution and delivery systems, namely, computer software and computer hardware for preparing, customizing, scheduling and enabling the distribution and selective delivery of visual, audio, and multimedia content in the nature of advertisements via broadcast and non-broadcast delivery networks and systems; Customized content distribution and delivery systems, namely, computer software and computer hardware for preparing, customizing, scheduling and enabling the distribution and selective delivery of visual, audio, and multimedia content in the nature of advertisements via broadcast and non-broadcast delivery networks and systems, all of the foregoing excluding computer software and computer hardware for distributing digital music and music videoClass 009 for Customized content distribution and delivery systems, namely, computer software and computer hardware for preparing, customizing, scheduling and enabling the distribution and selective delivery of visual, audio, and multimedia content in the nature of advertisements via broadcast and non-broadcast delivery networks and systems, all of the foregoing excluding computer software and computer hardware for distributing digital music and music video
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.

Webpage URL: None Provided
Webpage Date of Access: None Provided


Applicant proposes to amend the following:

Current:
Class 035 for Advertising services, namely, providing marketing and demographic consultation, compilation, analysis and provision of advertising performance information and statistics; providing advertising data and services by tracking usage and compilation and analysis of marketing information for the purpose of preparing, customizing and scheduling of visual, audio, and multimedia content in the nature of advertisements for broadcast and non-broadcast delivery networks and systems; media planning, namely, advising the client on the correct times and stations to advertise based on media analysis of the market for that media
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: Advertising services, namely, providing marketing and demographic consultation, compilation, analysis and provision of advertising performance information and statistics; providing advertising data and services by tracking usage and compilation and analysis of marketing information for the purpose of preparing, customizing and scheduling of visual, audio, and multimedia content in the nature of advertisements for broadcast and non-broadcast delivery networks and systems; providing advertising data and services by tracking usage and compilation and analysis of marketing information for the purpose of preparing, customizing and scheduling of visual, audio, and multimedia content in the nature of advertisements for broadcast and non-broadcast delivery networks and systems, all of the foregoing excluding the distribution of digital music and music video; media planning, namely, advising the client on the correct times and stations to advertise based on media analysis of the market for that mediaClass 035 for Advertising services, namely, providing marketing and demographic consultation, compilation, analysis and provision of advertising performance information and statistics; providing advertising data and services by tracking usage and compilation and analysis of marketing information for the purpose of preparing, customizing and scheduling of visual, audio, and multimedia content in the nature of advertisements for broadcast and non-broadcast delivery networks and systems, all of the foregoing excluding the distribution of digital music and music video; media planning, namely, advising the client on the correct times and stations to advertise based on media analysis of the market for that media
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.

Webpage URL: None Provided
Webpage Date of Access: None Provided

Correspondence Information (current):
      IAN L. SAFFER
      PRIMARY EMAIL FOR CORRESPONDENCE: efs@adseroip.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

The docket/reference number is 0726.143-TM.
Correspondence Information (proposed):
      Ian L. Saffer
      PRIMARY EMAIL FOR CORRESPONDENCE: efs@adseroip.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

The docket/reference number is 0726.143-TM.

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)

Signature: /ils/     Date: 01/22/2021
Signatory's Name: Ian L. Saffer
Signatory's Position: Attorney for Applicant, Colorado Bar member

Signatory's Phone Number: 303-268-0066 Signature method: Sent to third party for signature

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:    IAN L. SAFFER
   ADSERO IP
   
   8210 SOUTHPARK TERRACE
   LITTLETON, Colorado 80120
Mailing Address:    Ian L. Saffer
   ADSERO IP
   8210 SOUTHPARK TERRACE
   LITTLETON, Colorado 80120
        
Serial Number: 88864029
Internet Transmission Date: Fri Jan 22 15:59:51 ET 2021
TEAS Stamp: USPTO/PPA-XXX.XX.XXX.XXX-202101221559515
88577-88864029-760b68e81b37873d2d8df8582
2e3af4573d73dffcfb5750979d5edb05cc1c3ea-
N/A-N/A-20210122124430064542