TEAS Request Reconsideration after FOA

PTO- 1960

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

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PTO- 1960

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

Request for Reconsideration after Final Action

To the Commissioner for Trademarks:

Application serial no. 90068835 TS (Stylized and/or with Design, see http://tmng-al.uspto.gov /resting2/api/img/9006883 5/large) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 041 for Entertainment services in the nature of live musical performances; Live music concerts; Live stage performances in the nature of musical and theatrical productions; Public appearances by a musical artist and entertainer, for entertainment purposes; Interviews with a musical artist and entertainer, for entertainment purposes; Entertainment services, namely, providing information relating to entertainment, music and musical entertainment; Entertainment services, namely, providing information relating to a musical artist and entertainer; Entertainment services, namely, providing information relating to entertainment, music and musical entertainment via global communications networks; Entertainment services, namely, providing information relating to a musical artist and entertainer via global communications networks; Fan club services; Providing a website featuring non-downloadable multi-media content in the nature of audio recordings, video recordings, and audio-visual recordings in the fields of entertainment, music and musical entertainment; Providing a website featuring non-downloadable multi-media content in the nature of audio recordings, video recordings, and audio-visual recordings relating to a musical artist and entertainer; Providing a website featuring news and non-downloadable articles in the fields of entertainment, music and musical entertainment; Providing a website featuring news and non-downloadable articles relating to a musical artist and entertainer; Online journals in the nature of blogs in the fields of entertainment, music and entertainment; Online journals in the nature of blogs relating to a musical artist and entertainer; Online journals in the nature of blogs on the topics of general human interest; Providing online non-downloadable electronic publications in the nature of articles in the fields entertainment, music and musical entertainment; Providing online non-downloadable electronic publications in the nature of articles relating to a musical artist and entertainer; Providing online non-downloadable music; Providing online non-downloadable music videos; Providing online non-downloadable videos featuring pre-recorded musical performances; Providing online non-downloadable videos featuring stage performances by a musical artist and entertainer; Providing online non-downloadable videos featuring public appearances by a musical artist and entertainer; Providing online non-downloadable videos featuring interviews with a musical artist and entertainer; Providing online non-downloadable electronic multi-media content featuring pre-recorded musical performances, stage performances, public appearances, interviews, news, photographs, and other information and multi-media materials relating to music and musical entertainment; Providing online non-downloadable electronic multi-media content featuring pre-recorded musical performances, stage performances, public appearances, interviews, news, photographs, and other information and multi-media materials relating to a musical artist and entertainer; Providing online non-downloadable electronic newsletters in the fields of entertainment, music and entertainment; Providing online electronic non-downloadable newsletters relating to a musical artist and entertainer; Educational services, namely, live and online instruction in the fields of entertainment, music and musical entertainment, accessible via audio, video, radio, television, satellite, electronic communications, telephone communications and digital transmission networks; Educational services, namely, continuing programs, classes, conferences, coaching, lectures, educational meetings, camps, retreats, seminars, educational summits, educational symposiums, training programs, workshops, self-guided classes and self-guided online courses of instruction, in the fields of entertainment, music and musical entertainment, and distribution of materials in connection therewith; Providing online non-downloadable electronic educational publications, namely, articles, books, booklets, book excerpts, brochures, guides, magazines and newsletters, multi-media content, and audio and video recordings in the fields of entertainment, music and musical entertainment; Providing instruction in the fields of entertainment, music and musical entertainment via global communication networks; Providing online non-downloadable electronic educational newsletters in the fields of entertainment, music and entertainment; Providing temporary use of non-downloadable computer games; Providing temporary use of non-downloadable electronic games; Arranging and conducting contests and sweepstakes; Arranging and conducting contests and sweepstakes services provided via global communications networks
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: The applicant believes the applicant is entitled to use the mark in commerce on or in connection with the goods or services specified in the application; the applicant has a bona fide intention to use the mark in commerce and had a bona fide intention to use the mark in commerce as of the application filing date. For a collective trademark, collective service mark, collective membership mark, or certification mark application: The applicant has a bona fide intention, and is entitled, to exercise legitimate control over the use of the mark in commerce and had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce as of the application filing date. For a certification mark application: 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 services in the nature of live musical performances; Live music concerts; Live stage performances in the nature of musical and theatrical productions; Public appearances by a musical artist and entertainer, for entertainment purposes; Interviews with a musical artist and entertainer, for entertainment purposes; Entertainment services, namely, providing information relating to entertainment, music and musical entertainment; Entertainment services, namely, providing information relating to a musical artist and entertainer; Entertainment services, namely, providing information relating to entertainment, music and musical entertainment via global communications networks; Entertainment services, namely, providing information relating to a musical artist and entertainer via global communications networks; Fan club services; Providing a website featuring non-downloadable multi-media content in the nature of audio recordings, video recordings, and audio-visual recordings in the fields of entertainment, music and musical entertainment; Providing a website featuring non-downloadable multi-media content in the nature of audio recordings, video recordings, and audio-visual recordings relating to a musical artist and entertainer; Providing a website featuring news and non-downloadable articles in the fields of entertainment, music and musical entertainment; Providing a website featuring news and non-downloadable articles relating to a musical artist and entertainer; Online journals in the nature of blogs in the fields of entertainment, music and entertainment; Online journals in the nature of blogs relating to a musical artist and entertainer; Online journals in the nature of blogs on the topics of general human interest; Online journals in the nature of blogs on the topics of entertainment, music and musical entertainment; Providing online non-downloadable electronic publications in the nature of articles in the fields entertainment, music and musical entertainment; Providing online non-downloadable electronic publications in the nature of articles relating to a musical artist and entertainer; Providing online non-downloadable music; Providing online non-downloadable music videos; Providing online non-downloadable videos featuring pre-recorded musical performances; Providing online non-downloadable videos featuring stage performances by a musical artist and entertainer; Providing online non-downloadable videos featuring public appearances by a musical artist and entertainer; Providing online non-downloadable videos featuring interviews with a musical artist and entertainer; Providing online non-downloadable electronic multi-media content featuring pre-recorded musical performances, stage performances, public appearances, interviews, news, photographs, and other information and multi-media materials relating to music and musical entertainment; Providing online non-downloadable electronic multi-media content featuring pre-recorded musical performances, stage performances, public appearances, interviews, news, photographs, and other information and multi-media materials relating to a musical artist and entertainer; Providing online non-downloadable electronic newsletters in the fields of entertainment, music and entertainment; Providing online electronic non-downloadable newsletters relating to a musical artist and entertainer; Educational services, namely, live and online instruction in the fields of entertainment, music and musical entertainment, accessible via audio, video, radio, television, satellite, electronic communications, telephone communications and digital transmission networks; Educational services, namely, continuing programs, classes, conferences, coaching, lectures, educational meetings, camps, retreats, seminars, educational summits, educational symposiums, training programs, workshops, self-guided classes and self-guided online courses of instruction, in the fields of entertainment, music and musical entertainment, and distribution of materials in connection therewith; Providing online non-downloadable electronic educational publications, namely, articles, books, booklets, book excerpts, brochures, guides, magazines and newsletters, multi-media content, and audio and video recordings in the fields of entertainment, music and musical entertainment; Providing instruction in the fields of entertainment, music and musical entertainment via global communication networks; Providing online non-downloadable electronic educational newsletters in the fields of entertainment, music and entertainment; Providing temporary use of non-downloadable computer games; Providing temporary use of non-downloadable electronic games; Arranging and conducting contests and sweepstakes; Arranging and conducting contests and sweepstakes services provided via global communications networksClass 041 for Entertainment services in the nature of live musical performances; Live music concerts; Live stage performances in the nature of musical and theatrical productions; Public appearances by a musical artist and entertainer, for entertainment purposes; Interviews with a musical artist and entertainer, for entertainment purposes; Entertainment services, namely, providing information relating to entertainment, music and musical entertainment; Entertainment services, namely, providing information relating to a musical artist and entertainer; Entertainment services, namely, providing information relating to entertainment, music and musical entertainment via global communications networks; Entertainment services, namely, providing information relating to a musical artist and entertainer via global communications networks; Fan club services; Providing a website featuring non-downloadable multi-media content in the nature of audio recordings, video recordings, and audio-visual recordings in the fields of entertainment, music and musical entertainment; Providing a website featuring non-downloadable multi-media content in the nature of audio recordings, video recordings, and audio-visual recordings relating to a musical artist and entertainer; Providing a website featuring news and non-downloadable articles in the fields of entertainment, music and musical entertainment; Providing a website featuring news and non-downloadable articles relating to a musical artist and entertainer; Online journals in the nature of blogs in the fields of entertainment, music and entertainment; Online journals in the nature of blogs relating to a musical artist and entertainer; Online journals in the nature of blogs on the topics of entertainment, music and musical entertainment; Providing online non-downloadable electronic publications in the nature of articles in the fields entertainment, music and musical entertainment; Providing online non-downloadable electronic publications in the nature of articles relating to a musical artist and entertainer; Providing online non-downloadable music; Providing online non-downloadable music videos; Providing online non-downloadable videos featuring pre-recorded musical performances; Providing online non-downloadable videos featuring stage performances by a musical artist and entertainer; Providing online non-downloadable videos featuring public appearances by a musical artist and entertainer; Providing online non-downloadable videos featuring interviews with a musical artist and entertainer; Providing online non-downloadable electronic multi-media content featuring pre-recorded musical performances, stage performances, public appearances, interviews, news, photographs, and other information and multi-media materials relating to music and musical entertainment; Providing online non-downloadable electronic multi-media content featuring pre-recorded musical performances, stage performances, public appearances, interviews, news, photographs, and other information and multi-media materials relating to a musical artist and entertainer; Providing online non-downloadable electronic newsletters in the fields of entertainment, music and entertainment; Providing online electronic non-downloadable newsletters relating to a musical artist and entertainer; Educational services, namely, live and online instruction in the fields of entertainment, music and musical entertainment, accessible via audio, video, radio, television, satellite, electronic communications, telephone communications and digital transmission networks; Educational services, namely, continuing programs, classes, conferences, coaching, lectures, educational meetings, camps, retreats, seminars, educational summits, educational symposiums, training programs, workshops, self-guided classes and self-guided online courses of instruction, in the fields of entertainment, music and musical entertainment, and distribution of materials in connection therewith; Providing online non-downloadable electronic educational publications, namely, articles, books, booklets, book excerpts, brochures, guides, magazines and newsletters, multi-media content, and audio and video recordings in the fields of entertainment, music and musical entertainment; Providing instruction in the fields of entertainment, music and musical entertainment via global communication networks; Providing online non-downloadable electronic educational newsletters in the fields of entertainment, music and entertainment; Providing temporary use of non-downloadable computer games; Providing temporary use of non-downloadable electronic games; Arranging and conducting contests and sweepstakes; Arranging and conducting contests and sweepstakes services provided via global communications networks
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: The applicant believes the applicant is entitled to use the mark in commerce on or in connection with the goods or services specified in the application; the applicant has a bona fide intention to use the mark in commerce and had a bona fide intention to use the mark in commerce as of the application filing date. For a collective trademark, collective service mark, collective membership mark, or certification mark application: The applicant has a bona fide intention, and is entitled, to exercise legitimate control over the use of the mark in commerce and had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce as of the application filing date. For a certification mark application: 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):
      Rebecca Liebowitz
      PRIMARY EMAIL FOR CORRESPONDENCE: trademarkdocket@venable.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): rliebowitz@venable.com; cmitros@venable.com

The docket/reference number is 124909.
Correspondence Information (proposed):
      Rebecca Liebowitz
      PRIMARY EMAIL FOR CORRESPONDENCE: trademarkdocket@venable.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): rliebowitz@venable.com; cmitros@venable.com

The docket/reference number is 124909.

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)
Request for Reconsideration Signature
Signature: /Catherine Mitros/     Date: 05/25/2022
Signatory's Name: Catherine Mitros
Signatory's Position: Associate Attorney, Venable LLP, DC/IL Bar Member

Signatory's Phone Number: 202-344-4998 Signature method: Signed directly within the form

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.

The applicant is not filing a Notice of Appeal in conjunction with this Request for Reconsideration.

Mailing Address:    Rebecca Liebowitz
   Venable LLP
   
   P.O. Box 34385
   Washington, District of Columbia 20043-9998
Mailing Address:    Rebecca Liebowitz
   Venable LLP
   P.O. Box 34385
   Washington, District of Columbia 20043-9998
        
Serial Number: 90068835
Internet Transmission Date: Wed May 25 19:41:33 ET 2022
TEAS Stamp: USPTO/RFR-XXX.XX.XXX.XXX-202205251941336
61698-90068835-80047b68994cfff217da73e40
4f3f6a98a3ba4c133db93971cae87e3bc99fd1fb
d-N/A-N/A-20220525192453730983