Response to Office Action

PTO- 1957

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

---

PTO- 1957

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 Office Action

To the Commissioner for Trademarks:

Application serial no. 90059289 PILOT(Standard Characters, see http://uspto.report/TM/90059289/mark.png) has been amended as follows:

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

AMENDMENTS

Please amend the identification of goods and services as follows:

International Class 9

Downloadable computer software in the nature of software extensions and plugins for manipulating, mixing, and performing music and sounds; downloadable music composition software

International Class 42 (new Class)

Providing temporary use of online non-downloadable music composition software

REMARKS

This is a Response to the Office Action mailed October 30, 2020.

Pursuant to the Examining Attorney’s request, and in accordance with the guidelines of TMEP §1402, Applicant has amended the identification of goods in Class 9 and reclassified non‑downloadable software to Class 42.

In view of the foregoing, Applicant believes the application is in condition for publication.

Respectfully submitted,

Kyoko Imai

MUNCY, GEISSLER, OLDS & LOWE, P.C.

4000 Legato Road

Suite 310

Fairfax, Virginia 22033

(703) 621-7140 Ext. 148 / 150

fax (703) 621-7155

e-mail: mailroom@mg-ip.com, rsb@mg-ip.com, kyi@mg-ip.com

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 009 for Downloadable computer software in the nature of software extensions and plugins for manipulating, mixing, and performing music and sounds; Music composition software
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: Downloadable computer software in the nature of software extensions and plugins for manipulating, mixing, and performing music and sounds; Music composition software; downloadable music composition softwareClass 009 for Downloadable computer software in the nature of software extensions and plugins for manipulating, mixing, and performing music and sounds; downloadable music composition software
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.

Webpage URL: None Provided
Webpage Date of Access: None Provided


Applicant hereby adds the following class of goods/services to the application:
New: Class 042 for Providing temporary use of online non-downloadable music composition software
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.

Webpage URL: None Provided
Webpage Date of Access: None Provided

Correspondence Information (current):
      KYOKO IMAI
      PRIMARY EMAIL FOR CORRESPONDENCE: mailroom@mg-ip.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): kyi@mg-ip.com; rsb@mg-ip.com

The docket/reference number is MIX.00011.T.
Correspondence Information (proposed):
      Kyoko Imai
      PRIMARY EMAIL FOR CORRESPONDENCE: mailroom@mg-ip.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): kyi@mg-ip.com; rsb@mg-ip.com

The docket/reference number is MIX.00011.T.

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).

FEE(S)
Fee(s) in the amount of $350 is being submitted.

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: /Kyoko Imai/     Date: 04/22/2021
Signatory's Name: Kyoko Imai
Signatory's Position: Attorney of Record, VA Bar Member

Signatory's Phone Number: 703-621-7140 ext. 150 Signature method: Sent to third party for signature

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:    KYOKO IMAI
   MUNCY, GEISSLER, OLDS & LOWE, P.C.
   
   4000 LEGATO ROAD, SUITE 310
   FAIRFAX, Virginia 22033
Mailing Address:    Kyoko Imai
   MUNCY, GEISSLER, OLDS & LOWE, P.C.
   4000 LEGATO ROAD, SUITE 310
   FAIRFAX, Virginia 22033
        
PAYMENT: 90059289
PAYMENT DATE: 04/22/2021
        
Serial Number: 90059289
Internet Transmission Date: Thu Apr 22 17:45:07 ET 2021
TEAS Stamp: USPTO/ROA-XXX.XXX.XX.XXX-202104221745072
09809-90059289-770784f9d9312a7c586b79ffa
21e67b4868b51737ad13a824e41e83c1bfc5d6fc
4-CC-45043913-20210422171437096391