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 09/20/2020)

---

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 09/20/2020)

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 88417760 MOCKINGBIRD & ARMADILLO (Stylized and/or with Design, see http://tmng-al.gov.uspto.report/resting2/api/img/88417760/large) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 038 for Broadcasting a digital program series through media of television, radio, cable, satellite systems, the Internet, and portable and wireless communication devices
Original Filing Basis:
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 04/12/2019 and first used in commerce at least as early as 04/12/2019 , and is now in use in such commerce.

Proposed: Class 038 for Broadcasting a digital program series through media of television, radio, cable, satellite systems, the Internet, and portable and wireless communication devices
Deleted Filing Basis: 1(a)
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.

The applicant's current attorney information: Jennifer S. Sickler. Jennifer S. Sickler of THOMPSON & KNIGHT LLP, is located at

      811 MAIN ST., 2500
      HOUSTON, Texas 77002
      US
The docket/reference number is 516204.3183.

The phone number is 713-653-8611.

The fax number is 832-397-8290.

The email address is jennifer.sickler@tklaw.com

The applicants proposed attorney information: Jennifer S. Sickler. Other appointed attorneys are Craig Carpenter, Herb Hammond. Jennifer S. Sickler of THOMPSON & KNIGHT LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      811 MAIN ST., 2500
      HOUSTON, Texas 77002
      United States
The docket/reference number is 516204.3183.

The phone number is 713-653-8611.

The fax number is 832-397-8290.

The email address is jennifer.sickler@tklaw.com

Jennifer S. Sickler submitted the following statement: The attorney of record is an active member in good standing of the bar of the highest court of a U.S. state, the District of Columbia, or any U.S. Commonwealth or territory.
The applicant's current correspondence information: JENNIFER S. SICKLER. JENNIFER S. SICKLER of THOMPSON & KNIGHT LLP, is located at

      811 MAIN ST., 2500
      HOUSTON, Texas 77002
      US
The docket/reference number is 516204.3183.

The phone number is 713-653-8611.

The fax number is 832-397-8290.

The email address is jennifer.sickler@tklaw.com; dallasuspto@tklaw.com

The applicants proposed correspondence information: Jennifer S. Sickler. Jennifer S. Sickler of THOMPSON & KNIGHT LLP, is located at

      811 MAIN ST., 2500
      HOUSTON, Texas 77002
      United States
The docket/reference number is 516204.3183.

The phone number is 713-653-8611.

The fax number is 832-397-8290.

The email address is jennifer.sickler@tklaw.com; usptodallas@tklaw.com

ADDITIONAL STATEMENTS
Miscellaneous Statement
Applicant files this response to the Office Action dated July 25, 2019. Applicant respectfully requests allowance of the application in view of the following amendments, remarks and specimen. AMENDMENT Applicant hereby amends the filing basis for Class 38 to intent to use. REMARKS Applicant respectfully submits a new specimen for Class 38, which is a screen shot from broadcast of an episode of the MOCKINGBIRD & ARMADILLO series. The trademark is shown at a bottom corner of the broadcast screen. Also filed herewith is an Amendment to Allege Use in support of the substitute specimen for Class 38. CONCLUSION Applicant respectfully asserts that the above amendments, remarks and specimen place the application in condition for allowance. Accordingly, Applicant respectfully requests that its application be permitted to proceed to publication.


SIGNATURE(S)
Declaration Signature
The filing Attorney has elected not to submit the signed declaration, believing no supporting declaration is required under the Trademark Rules of Practice.
Response Signature
Signature: /Jennifer S. Sickler/     Date: 10/02/2019
Signatory's Name: Jennifer S. Sickler
Signatory's Position: Attorney of Record, Texas Bar Member

Signatory's Phone Number: 713-653-8611

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:    JENNIFER S. SICKLER
   THOMPSON & KNIGHT LLP
   
   811 MAIN ST., 2500
   HOUSTON, Texas 77002
Mailing Address:    Jennifer S. Sickler
   THOMPSON & KNIGHT LLP
   811 MAIN ST., 2500
   HOUSTON, Texas 77002
        
Serial Number: 88417760
Internet Transmission Date: Wed Oct 02 14:47:36 EDT 2019
TEAS Stamp: USPTO/ROA-XXX.XX.XXX.XXX-201910021447363
42730-88417760-6105b61194d6333af3fe6f58e
13c14c279d06fb75e6bb7b19a6cf8deeb3ba2b-N
/A-N/A-20191002143425720101