TEAS Response to Suspension Inquiry

PTO- 1822

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

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PTO- 1822

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

Response to Suspension Inquiry or Letter of Suspension

To the Commissioner for Trademarks:

Application serial no. 88889280 360RACAST(Standard Characters, see http://uspto.report/TM/88889280/mark.png) has been amended as follows:
FOREIGN REGISTRATION
The applicant herein submits a digitized image of a copy, a certification, or a certified copy of a registration in the applicant's country of origin showing that the mark has been registered in that country, and that the registration is in full force and effect. If the foreign registration is not in English, an English translation thereof is being submitted. The applicant hereby requests removal of this application from suspension for further action by the examining attorney.

Filing Basis: Section 44(e), Based on Foreign Registration: A copy of Japan registration number 6337325 registered 01/06/2021, with a renewal date of __________ and an expiration date of 01/06/2031, and translation thereof (if appropriate), is attached in accordance with 15 U.S.C. Section 1126(e), as amended.
Original PDF file:
FR_3810515990-151336552_. _Translation_of_registrat ion_certificate_360RACAST.pdf
Converted PDF file(s) (5 pages)
Foreign Registration-1
Foreign Registration-2
Foreign Registration-3
Foreign Registration-4
Foreign Registration-5
Comment(s)/Remark(s):
Applicant wishes to perfect its Section 44(d) filing basis. It accordingly is submitted the Japanese registration for this mark so that this application may proceed to publication based upon a Section 44(e) filing basis.
The foreign registration that is the basis of the U.S. application under Section 44(e) of the Trademark Act (15 U.S.C. Section 1126(e)) includes a claim of standard characters or the country of origin's standard character equivalent.
CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 009 for Home theater systems comprising optical disc players and recorders, audio amplifiers and tuners, audio speakers, and subwoofer; digital cameras; video cameras; optical disc players and recorders; mobile telephones; digital audio players and recorders; digital video players and recorders; signal processors for audio speakers; signal processors for speaker systems; earphones; subwoofers; loudspeakers; speakers for home theaters; wireless speakers; sound speakers; headphones; television receivers; amplifiers; navigation apparatus for vehicles; car audio devices in the nature of audio equipment for vehicles, namely, stereos, amplifiers, equalizers, crossovers and spear housing; Audio amplifiers for use in automobiles; audio optical disc players for use in automobiles; digital audio players for automobiles; portable multimedia players; portable audio players; blank magnetic and optical data carriers; head-mounted video displays; smartphones; personal digital assistants in the shape of a watch; computers; laptop computers; tablet computers; computer peripheral devices; computer software for processing digital music files; metronomes; electronic circuits and CD-ROMs recorded with automatic performance programs for electronic musical instruments; digital music downloadable from the Internet; downloadable music files; electronic circuits and CD-ROMs recorded with programs for hand-held games with liquid crystal displays; cinematographic machines and apparatus; downloadable animated cartoons; downloadable image files; recorded video discs and video tapes featuring music, movies, and animations; electronic sheet music, downloadable; downloadable electronic publications in the nature of brochures in the field of audio technology; exposed cinematographic films; exposed slide films; slide film mounts; all of the foregoing goods intended for use by the general consuming public
Original Filing Basis:
Filing Basis: Section 44(d), Priority based on foreign filing: Applicant has had a bona fide intention to use the mark in commerce on or in connection with the identified goods and/or services, and asserts a claim of priority based on [Japan application number 2019-142255 filed 11/08/2019]. 15 U.S.C.Section 1126(d), as amended.

Proposed: Class 009 for Home theater systems comprising optical disc players and recorders, audio amplifiers and tuners, audio speakers, and subwoofer; digital cameras; video cameras; optical disc players and recorders; mobile telephones; digital audio players and recorders; digital video players and recorders; signal processors for audio speakers; signal processors for speaker systems; earphones; subwoofers; loudspeakers; speakers for home theaters; wireless speakers; sound speakers; headphones; television receivers; amplifiers; navigation apparatus for vehicles; car audio devices in the nature of audio equipment for vehicles, namely, stereos, amplifiers, equalizers, crossovers and spear housing; Audio amplifiers for use in automobiles; audio optical disc players for use in automobiles; digital audio players for automobiles; portable multimedia players; portable audio players; blank magnetic and optical data carriers; head-mounted video displays; smartphones; personal digital assistants in the shape of a watch; computers; laptop computers; tablet computers; computer peripheral devices; computer software for processing digital music files; metronomes; electronic circuits and CD-ROMs recorded with automatic performance programs for electronic musical instruments; digital music downloadable from the Internet; downloadable music files; electronic circuits and CD-ROMs recorded with programs for hand-held games with liquid crystal displays; cinematographic machines and apparatus; downloadable animated cartoons; downloadable image files; recorded video discs and video tapes featuring music, movies, and animations; electronic sheet music, downloadable; downloadable electronic publications in the nature of brochures in the field of audio technology; exposed cinematographic films; exposed slide films; slide film mounts; all of the foregoing goods intended for use by the general consuming public
Webpage URL: None Provided
Webpage Date of Access: None Provided


Filing Basis: Section 44(d), Priority based on foreign filing: Applicant has a bona fide intention to use the mark in commerce on or in connection with the identified goods and/or services, and asserts a claim of priority based on [Japan application number 2019-142255 filed 11/08/2019]. 15 U.S.C.Section 1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration. If ultimately the applicant does not rely on Section 44(e) as a basis for registration, a valid claim of priority may be retained.

Filing Basis: Section 44(e), Based on Foreign Registration: Applicant has a bona fide intention to use the mark in commerce on or in connection with the identified goods and /or services, and submits a copy of [ Japan registration number 6337325 registered 01/06/2021 with a renewal date of __________ and an expiration date of 01/06/2031 ], and translation thereof, if appropriate. 15 U.S.C. Section 1126(e), as amended.
Original PDF file:
FRU0-3810515990-151336552 _._Translation_of_registr ation_certificate_360RACA ST.pdf
Converted PDF file(s) (5 pages)
Foreign Registration-1
Foreign Registration-2
Foreign Registration-3
Foreign Registration-4
Foreign Registration-5

The foreign registration that is the basis of the U.S. application under §44(e) of the Trademark Act (15 U.S.C. §1126(e)) includes a claim of standard characters or the country of origin's standard character equivalent.

Correspondence Information (current):
      Robert B.G. Horowitz, Esq.
      PRIMARY EMAIL FOR CORRESPONDENCE: bhipdocket@bakerlaw.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): rhorowitz@bakerlaw.com; sborrero@bakerlaw.com; nsamad@bakerlaw.com
Correspondence Information (proposed):
      Robert B.G. Horowitz, Esq.
      PRIMARY EMAIL FOR CORRESPONDENCE: bhipdocket@bakerlaw.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): rhorowitz@bakerlaw.com; sborrero@bakerlaw.com; nsamad@bakerlaw.com

The docket/reference number is 041279.3235.

Requirement for Email and Electronic Filing: I understand that a valid email address must be maintained by the applicant owner/holder and the applicant owner's/holder's attorney, if appointed, and that all official trademark correspondence must be submitted via the Trademark Electronic Application System (TEAS).

Declaration Signature

DECLARATION: The signatory being warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. §1001, and that such willful false statements and the like may jeopardize the validity of the application or submission or any registration resulting therefrom, declares that, if the applicant submitted the application or amendment to allege use (AAU) unsigned, all statements in the application or AAU and this submission based on the signatory's own knowledge are true, and all statements in the application or AAU and this submission made on information and belief are believed to be true.

STATEMENTS FOR UNSIGNED SECTION 1(a) APPLICATION/AAU: If the applicant filed an unsigned application under 15 U.S.C. §1051(a) or AAU under 15 U.S.C. §1051(c), the signatory additionally believes that: the applicant is the owner of the mark sought to be registered; the mark is in use in commerce and was in use in commerce as of the application or AAU filing date; the original specimen(s), if applicable, shows the mark in use in commerce as of the filing date of the application or AAU on or in connection with the goods/services/collective membership organization in the application or AAU; for a collective trademark, collective service mark, collective membership mark, or certification mark application, the applicant is exercising legitimate control over the use of the mark in commerce and was exercising legitimate control over use of the mark in commerce as of the application or AAU filing date; for a certification mark application, the applicant is not engaged 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. To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services/collective membership organization of such other persons, to cause confusion or mistake, or to deceive.

STATEMENTS FOR UNSIGNED SECTION 1(b)/SECTION 44 APPLICATION AND FOR SECTION 66(a) COLLECTIVE/CERTIFICATION MARK APPLICATION: for a trademark or service mark application, the applicant believes the applicant is entitled to use the mark in commerce on or in connection with the goods/services specified in the application; the applicant has a bona fide intention to use the mark in commerce and had a bona fide intention to use the mark in commerce as of the application filing date; the signatory is properly authorized to execute the declaration on behalf of the applicant; for a collective trademark, collective service mark, collective membership mark, or certification mark application, the applicant has a bona fide intention, and is entitled, to exercise legitimate control over the use of the mark in commerce and had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce as of the application filing date; the signatory is properly authorized to execute the declaration on behalf of the applicant; for a certification mark application, 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 of the goods/services that meet the certification standards of the applicant. To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services/collective membership organization of such other persons, to cause confusion or mistake, or to deceive.

Signature: /Robert B.G. Horowitz/    Date: 07/07/2022
Signatory's Name: Robert B.G. Horowitz
Signatory's Position: Attorney for Applicant, a New York State Bar member
Signatory's Phone Number: 212 589-4200
Signature method: Signed directly within the form

Response Suspension Inquiry Signature
Signature: /Robert B.G. Horowitz/     Date: 07/07/2022
Signatory's Name: Robert B.G. Horowitz, Esq.
Signatory's Position: Attorney for Applicant, a New York State Bar member
Signatory's Phone Number: 212 589-4200
Signature method: Signed directly within the form

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:    Robert B.G. Horowitz, Esq.
   BAKER & HOSTETLER LLP
   
   45 ROCKEFELLER PLAZA, 14TH FLOOR
   NEW YORK, New York
Mailing Address:    Robert B.G. Horowitz, Esq.
   BAKER & HOSTETLER LLP
   45 ROCKEFELLER PLAZA, 14TH FLOOR
   NEW YORK, New York 10111
        
Serial Number: 88889280
Internet Transmission Date: Thu Jul 07 15:20:29 ET 2022
TEAS Stamp: USPTO/RSI-XX.XXX.XXX.XX-2022070715202954
9253-88889280-800473f7516c19e811adf101b2
9888e50266bc984327702984e32427c069f1bd9-
N/A-N/A-20220707151336552892