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)

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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 09/20/2020)

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 88252101 SINGS (Stylized and/or with Design, see http://tmng-al.gov.uspto.report/resting2/api/img/88252101/large) has been amended as follows:

ARGUMENT(S)
In response to the substantive refusal(s), please note the following:

Regarding the ID amendments herein, Applicant notes that "downloadable computer software for controlling the operation of audio and video devices" is in the ID manual. 

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 009 for Computer software for streaming audio and music; computer software for broadcasting, streaming, recording, displaying and viewing vocal performances; computer software for broadcasting, streaming, displaying and viewing song lyrics; computer software for creating, broadcasting, streaming, displaying and viewing avatars; computer software for creating, broadcasting, streaming, displaying and viewing virtual vocalists and audiences; computer software for performing online karaoke; computer software for performing virtual karaoke; computer software for an online vocal performance platform; computer software for connecting vocal performers with audiences; computer software for communications between vocal performers and audiences; computer software for messaging; computer software for displaying emoticons; computer software for generating audio and video effects; game software; computer software for controlling the operation of audio and video devices; computer software to control microphones and webcams
Original Filing Basis:
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: Computer software for streaming audio and music; computer software for broadcasting, streaming, recording, displaying and viewing vocal performances; computer software for broadcasting, streaming, displaying and viewing song lyrics; computer software for creating, broadcasting, streaming, displaying and viewing avatars; computer software for creating, broadcasting, streaming, displaying and viewing virtual vocalists and audiences; computer software for performing online karaoke; computer software for performing virtual karaoke; computer software for an online vocal performance platform; computer software for operating and providing access to an online vocal performance platform; computer software for connecting vocal performers with audiences; downloadable computer communications software for connecting vocal performers with audiences; computer software for communications between vocal performers and audiences; downloadable computer social networking software for connecting vocal performers and audiences; computer software for messaging; computer software for displaying emoticons; computer software for generating audio and video effects; game software; computer software for controlling the operation of audio and video devices; downloadable computer software for controlling the operation of audio and video devices; computer software to control microphones and webcamsClass 009 for Computer software for streaming audio and music; computer software for broadcasting, streaming, recording, displaying and viewing vocal performances; computer software for broadcasting, streaming, displaying and viewing song lyrics; computer software for creating, broadcasting, streaming, displaying and viewing avatars; computer software for creating, broadcasting, streaming, displaying and viewing virtual vocalists and audiences; computer software for performing online karaoke; computer software for performing virtual karaoke; computer software for operating and providing access to an online vocal performance platform; downloadable computer communications software for connecting vocal performers with audiences; downloadable computer social networking software for connecting vocal performers and audiences; computer software for messaging; computer software for displaying emoticons; computer software for generating audio and video effects; game software; downloadable computer software for controlling the operation of audio and video devices; computer software to control microphones and webcams
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.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 038 for Streaming data; streaming audio; streaming music; streaming vocal performances; streaming karaoke songs and lyrics; providing internet chat rooms
Original Filing Basis:
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: Streaming data; Streaming of data; streaming audio; streaming of audio material on the Internet; streaming music; streaming of audio material in the nature of music on the Internet; streaming vocal performances; streaming of audio, video and audiovisual material in the nature of vocal performances, karaoke songs and lyrics; streaming karaoke songs and lyrics; providing internet chat roomsClass 038 for Streaming of data; streaming of audio material on the Internet; streaming of audio material in the nature of music on the Internet; streaming of audio, video and audiovisual material in the nature of vocal performances, karaoke songs and lyrics; providing internet chat rooms
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.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 041 for Entertainment, namely, live performances by vocalists; hosting online vocal performances; hosting online singing and karaoke events; providing online vocal performance facilities; providing a website featuring an online vocal performance platform; providing online singing and karaoke facilities; providing online music and karaoke music, not downloadable; entertainment information; entertainment services, namely, providing information in the field of music, karaoke music and online musical performances; entertainment services, namely, providing online video games; providing online non-downloadable game software; entertainment services, namely, providing a virtual environment in which users can interact for recreational, leisure or entertainment purposes; entertainment in the nature of competitions in the field of vocal performance
Original Filing Basis:
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: Entertainment, namely, live performances by vocalists; hosting online vocal performances; entertainment, namely, hosting online live vocal musical performances; hosting online singing and karaoke events; entertainment in the nature of online live singing and karaoke performances; providing online vocal performance facilities; entertainment services, namely, providing a website for providing access to online vocal performances featuring an online vocal performance platform; providing a website featuring an online vocal performance platform; providing an Internet website portal in the field of entertainment featuring access to online singing and karaoke; providing online singing and karaoke facilities; providing an Internet website portal in the field of entertainment featuring access to online music and karaoke music, not downloadable; providing online music and karaoke music, not downloadable; entertainment information; entertainment services, namely, providing information in the field of music, karaoke music and online musical performances; entertainment services, namely, providing online video games; providing online non-downloadable game software; entertainment services, namely, providing a virtual environment in which users can interact for recreational, leisure or entertainment purposes; entertainment in the nature of competitions in the field of vocal performanceClass 041 for Entertainment, namely, live performances by vocalists; entertainment, namely, hosting online live vocal musical performances; entertainment in the nature of online live singing and karaoke performances; entertainment services, namely, providing a website for providing access to online vocal performances featuring an online vocal performance platform; providing an Internet website portal in the field of entertainment featuring access to online singing and karaoke; providing an Internet website portal in the field of entertainment featuring access to online music and karaoke music, not downloadable; entertainment information; entertainment services, namely, providing information in the field of music, karaoke music and online musical performances; entertainment services, namely, providing online video games; providing online non-downloadable game software; entertainment services, namely, providing a virtual environment in which users can interact for recreational, leisure or entertainment purposes; entertainment in the nature of competitions in the field of vocal performance
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.

ADDITIONAL STATEMENTS
Disclaimer
No claim is made to the exclusive right to use SINGS apart from the mark as shown.


Description of mark
The mark consists of the design of a stylized comment bubble with two parallel lines in the center appearing as two stylized eyes to the right of the stylized word "SINGS" with the design of a five pronged asterisk forming the dot over the letter "I".

SIGNATURE(S)
Response Signature
Signature: /James F. Struthers/     Date: 04/16/2019
Signatory's Name: James F. Struthers
Signatory's Position: Attorney of Record, TX Bar Member

Signatory's Phone Number: 214 206-4300

The signatory has confirmed that he/she is an attorney who is a member in good standing of the bar of the highest court of a U.S. state, which includes the District of Columbia, Puerto Rico, and other federal territories and possessions; 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. attorney or a Canadian attorney/agent not currently associated with his/her company/firm previously represented the owner/holder in this matter: (1) the owner/holder has filed or is concurrently filing a signed revocation of or substitute power of attorney with the USPTO; (2) the USPTO has granted the request of the prior representative to withdraw; (3) the owner/holder has filed a power of attorney appointing him/her in this matter; or (4) the owner's/holder's appointed U.S. attorney or Canadian attorney/agent has filed a power of attorney appointing him/her as an associate attorney in this matter.

        
Serial Number: 88252101
Internet Transmission Date: Tue Apr 16 15:51:24 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XX.XXX.XX-20190416155124313
234-88252101-6205f60551255d9d770f2d1cf27
3c65ea64dea22051d185488da3d3a5848f499892
-N/A-N/A-20190416154249616544