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. 88899576 THE ROCK(Standard Characters, see http://uspto.report/TM/88899576/mark.png) has been amended as follows:

EVIDENCE
Evidence has been attached: a response to Office Action and accompanying Exhibit A
Original PDF file:
evi_19294203254-202011241 62558968154_._THE_ROCK_Re sponse_to_OA.pdf
Converted PDF file(s) ( 3 pages) Evidence-1Evidence-2Evidence-3
Original PDF file:
evi_19294203254-202011241 62558968154_._Exhibit_A_- _THE_ROCK_Consent_Agreeme nt.pdf
Converted PDF file(s) ( 2 pages) Evidence-1Evidence-2

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 043 for arena services, namely, providing general purpose facilities for sports, concerts, conventions and exhibitions

Proposed:
Class 043 for arena services, namely, providing general purpose facilities for sports, concerts, conventions and exhibitions
Filing Basis: Section 1(a), Use in Commerce:For all applications: The mark is in use in commerce and was in use in commerce as of the application filing date. The provided specimen shows the mark in use in commerce (see specimen statement below). 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 the use of the mark in commerce as of the application 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. The mark was first used at least as early as 00/00/2007 and first used in commerce at least as early as 00/00/2007 , and is now in use in such commerce.
In International Class 043, the mark was first used at least as early as 00/00/2007 and first used in commerce at least as early as 00/00/2007.

Applicant hereby submits one(or more) specimen(s) for Class 043. The specimen(s) submitted consists of screenshots from Applicant's website showing use of the mark in connection with the services. Specifically, page one consists of a screenshot showing use of THE ROCK in the right panel in connection with arena services, and pages 2 - 3 consist of a screenshot showing use of THE ROCK in the upper left corner in connection with arena services.
"The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing date of the application"[for an application based on Section 1(a), Use in Commerce] OR "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce prior either to the filing of the Amendment to Allege Use or expiration of the filing deadline for filing a Statement of Use" [for an application based on Section 1(b) Intent-to-Use]. OR "The attached specimen is a true copy of the specimen that was originally submitted with the application, amendment to allege use, or statement of use" [for an illegible specimen].
Original PDF file:
SPU0-19294203254-20201124 162558968154_._THE_ROCK_S pecimen_of_Use.pdf
Converted PDF file(s) ( 3 pages) Specimen File1Specimen File2Specimen File3
Correspondence Information (current):
      ANDREW D. PRICE
      PRIMARY EMAIL FOR CORRESPONDENCE: trademarkdocket@venable.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): adprice@venable.com; pehopkins@venable.com; pjwyles@venable.com

The docket/reference number is 522044.
Correspondence Information (proposed):
      Andrew D. Price
      PRIMARY EMAIL FOR CORRESPONDENCE: trademarkdocket@venable.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): adprice@venable.com; pehopkins@venable.com; pjwyles@venable.com

The docket/reference number is 522044.

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_19294203254-162558968_ ._HE_ROCK_Declaration_to_ Perfect_Application__Use_ _49079372.1_.pdf
Converted PDF file(s) (2 pages) Signature File1Signature File2
Signatory's Name: Alison Lazzaro
Signatory's Position: VP, Head of Brand Reputation

Response Signature
Signature: /Paula E. Hopkins/     Date: 11/24/2020
Signatory's Name: Paula E. Hopkins
Signatory's Position: Attorney of Record, Venable LLP, New York and DC bar member

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:    ANDREW D. PRICE
   VENABLE LLP
   P.O. BOX 34385
   P.O. BOX 34385
   WASHINGTON, District of Columbia 20043-9998
Mailing Address:    Andrew D. Price
   VENABLE LLP
   P.O. BOX 34385
   P.O. BOX 34385
   WASHINGTON, District of Columbia 20043-9998
        
Serial Number: 88899576
Internet Transmission Date: Tue Nov 24 16:38:21 ET 2020
TEAS Stamp: USPTO/ROA-XXX.XX.XXX.XXX-202011241638217
51011-88899576-7508b932832a9641c351742a5
e9db7b9e782dcc5758d6a37ff2aea6bf42582fd8
-N/A-N/A-20201124162558968154