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. 90028222 OETV(Standard Characters, see http://uspto.report/TM/90028222/mark.png) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 038 for Interactive, electronic and audio and visual communication and information broadcasting over, by or through local or wide area computer networks, wireless communication networks, global computer information networks and other electronic communication networks; video streaming services via the internet; over-the-top (ott) media services; set-top-box (stb) media services; video-on-demand transmission services provided over global computer information networks; audio and video on demand transmission; streaming of audio and visual content; audio and visual broadcasting; transmission and delivery of audio and visual content; providing an online forum where users can post ratings, reviews, and recommendations of movies and television shows and on events and activities in the field of entertainment and education; on-demand media transmission services; video broadcasting; transmission of voice, data, images, signals, messages and information
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: Interactive, electronic and audio and visual communication and information broadcasting over, by or through local or wide area computer networks, wireless communication networks, global computer information networks and other electronic communication networks; video streaming services via the internet; interactive broadcasting services by or through local or wide area computer networks, wireless communication networks, global computer information networks; over-the-top (ott) media services; audio broadcasting services; set-top-box (stb) media services; broadcast of information by means of television; communication services, namely, transmission of information through video communication systems; audio and video on demand transmission; video streaming of material via the internet; over-the-top (OTT) media broadcasting services, namely, audio/video and television programming broadcasting; audio and visual broadcasting; rental of set-top-box (STB) for use with televisions; video-on-demand transmission services provided over global computer information networks; streaming of audio and visual content; on-demand media transmission services; audio and visual broadcasting services; transmission and delivery of audio and visual content; providing an online forum where users can post ratings, reviews, and recommendations of movies and television shows and on events and activities in the field of entertainment and education; video broadcasting; transmission of voice, data, images, signals, messages and informationClass 038 for Interactive, electronic and audio and visual communication and information broadcasting over, by or through local or wide area computer networks, wireless communication networks, global computer information networks and other electronic communication networks; interactive broadcasting services by or through local or wide area computer networks, wireless communication networks, global computer information networks; audio broadcasting services; broadcast of information by means of television; communication services, namely, transmission of information through video communication systems; video streaming of material via the internet; over-the-top (OTT) media broadcasting services, namely, audio/video and television programming broadcasting; rental of set-top-box (STB) for use with televisions; video-on-demand transmission services provided over global computer information networks; streaming of audio and visual content; audio and visual broadcasting services; transmission and delivery of audio and visual content; providing an online forum where users can post ratings, reviews, and recommendations of movies and television shows and on events and activities in the field of entertainment and education; video broadcasting; transmission of voice, data, images, signals, messages and information
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.
Correspondence Information (current):
      GIOVANNA H. FESSENDEN
      PRIMARY EMAIL FOR CORRESPONDENCE: trademarks@hbsr.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

The docket/reference number is 4928.0011-00.
Correspondence Information (proposed):
      Giovanna H. Fessenden
      PRIMARY EMAIL FOR CORRESPONDENCE: trademarks@hbsr.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

The docket/reference number is 4928.0011-00.

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)
Response Signature
Signature: /Giovanna H. Fessenden/     Date: 12/22/2020
Signatory's Name: Giovanna H. Fessenden
Signatory's Position: Attorney of Record, Massachusetts Bar Member

Signatory's Phone Number: (978) 341-0036

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:    GIOVANNA H. FESSENDEN
   HAMILTON, BROOK, SMITH & REYNOLDS, P.C.
   
   530 VIRGINIA ROAD, P.O. BOX 9133
   CONCORD, Massachusetts 01742-9133
Mailing Address:    Giovanna H. Fessenden
   HAMILTON, BROOK, SMITH & REYNOLDS, P.C.
   530 VIRGINIA ROAD, P.O. BOX 9133
   CONCORD, Massachusetts 01742-9133
        
Serial Number: 90028222
Internet Transmission Date: Tue Dec 22 16:51:22 ET 2020
TEAS Stamp: USPTO/ROA-XX.XXX.XX.XXX-2020122216512225
1108-90028222-75038a795d30e3ed399ca8b470
8d4c767c1f31ac119b13ee5bc6d2c9fcb93458-N
/A-N/A-20201221180159874118