Response to Office Action

ORBITAL AUDIO

Martin Music Lab, Inc.

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

Response to Office Action


The table below presents the data as entered.

Input Field
Entered
SERIAL NUMBER 90080084
LAW OFFICE ASSIGNED LAW OFFICE 108
MARK SECTION
MARK mark
LITERAL ELEMENT ORBITAL AUDIO
STANDARD CHARACTERS YES
USPTO-GENERATED IMAGE YES
MARK STATEMENT The mark consists of standard characters, without claim to any particular font style, size or color.
GOODS AND/OR SERVICES SECTION (current)
INTERNATIONAL CLASS 041
DESCRIPTION
Sound mixing and sound processing; entertainment services in the nature of recording, production and post-production services in the field of music
FILING BASIS Section 1(b)
GOODS AND/OR SERVICES SECTION (proposed)
INTERNATIONAL CLASS 041
TRACKED TEXT DESCRIPTION
Sound mixing and sound processing; Sound mixing and sound processing, namely sound editing; entertainment services in the nature of recording, production and post-production services in the field of music
FINAL DESCRIPTION
Sound mixing and sound processing, namely sound editing; entertainment services in the nature of recording, production and post-production services in the field of music
       STATEMENT TYPE "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing date of the application"[for an application based on Section 1(a), Use in Commerce] OR "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce prior either to the filing of the Amendment to Allege Use or expiration of the filing deadline for filing a Statement of Use" [for an application based on Section 1(b) Intent-to-Use]. OR "The attached specimen is a true copy of the specimen that was originally submitted with the application, amendment to allege use, or statement of use" [for an illegible specimen].
        WEBPAGE URL None Provided
        WEBPAGE DATE OF ACCESS None Provided
FILING BASIS Section 1(b)
ADDITIONAL STATEMENTS SECTION
DISCLAIMER No claim is made to the exclusive right to use "Audio" apart from the mark as shown.
CORRESPONDENCE INFORMATION (current)
NAME Garret Glass
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE garret@rm-enterprise.com
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) NOT PROVIDED
CORRESPONDENCE INFORMATION (proposed)
NAME Garret Glass
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE garret@rm-enterprise.com
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) NOT PROVIDED
SIGNATURE SECTION
DECLARATION SIGNATURE The undersigned has elected not to submit the signed declaration, believing no supporting declaration is required under the Trademark Rules of Practice. The undersigned acknowledges that the USPTO may, upon later review, require a signed declaration.
RESPONSE SIGNATURE /garret glass/
SIGNATORY'S NAME Garret Glass
SIGNATORY'S POSITION Attorney
DATE SIGNED 04/14/2021
ROLE OF AUTHORIZED SIGNATORY Authorized U.S.-Licensed Attorney
SIGNATURE METHOD Signed directly within the form
FILING INFORMATION SECTION
SUBMIT DATE Wed Apr 14 14:30:47 ET 2021
TEAS STAMP USPTO/ROA-XX.XXX.XXX.XXX-
20210414143047607528-9008
0084-770478e43b13bc1e042a
f231c8f0a31da525b6245647d
d4b7aff14e0e5e5e6456-N/A-
N/A-20210414140718957238



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. 90080084 ORBITAL AUDIO(Standard Characters, see http://uspto.report/TM/90080084/mark.png) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 041 for Sound mixing and sound processing; entertainment services in the nature of recording, production and post-production services in the field of music
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: Sound mixing and sound processing; Sound mixing and sound processing, namely sound editing; entertainment services in the nature of recording, production and post-production services in the field of musicClass 041 for Sound mixing and sound processing, namely sound editing; entertainment services in the nature of recording, production and post-production services in the field of music
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 substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing date of the application"[for an application based on Section 1(a), Use in Commerce] OR "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce prior either to the filing of the Amendment to Allege Use or expiration of the filing deadline for filing a Statement of Use" [for an application based on Section 1(b) Intent-to-Use]. OR "The attached specimen is a true copy of the specimen that was originally submitted with the application, amendment to allege use, or statement of use" [for an illegible specimen].


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

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

Correspondence Information (current):
      Garret Glass
      PRIMARY EMAIL FOR CORRESPONDENCE: garret@rm-enterprise.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED
Correspondence Information (proposed):
      Garret Glass
      PRIMARY EMAIL FOR CORRESPONDENCE: garret@rm-enterprise.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

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)
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: /garret glass/     Date: 04/14/2021
Signatory's Name: Garret Glass
Signatory's Position: Attorney
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.

Mailing Address:    Garret Glass
   
   
   600 N. Fairbanks Ct. Suite 2909
   Chicago, Illinois 60611
Mailing Address:    Garret Glass
   600 N. Fairbanks Ct. Suite 2909
   Chicago, Illinois 60611
        
Serial Number: 90080084
Internet Transmission Date: Wed Apr 14 14:30:47 ET 2021
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XXX-202104141430476
07528-90080084-770478e43b13bc1e042af231c
8f0a31da525b6245647dd4b7aff14e0e5e5e6456
-N/A-N/A-20210414140718957238



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