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

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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. 90333143 AUDACY(Standard Characters, see http://uspto.report/TM/90333143/mark.png) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 038 for Radio broadcasting services; broadcasting services, namely, streaming of audio material via the Internet; podcasting services
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: Radio broadcasting services; broadcasting services, namely, streaming of audio material via the Internet; podcasting services; podcasting services, namely, transmission of podcastsClass 038 for Radio broadcasting services; broadcasting services, namely, streaming of audio material via the Internet; podcasting services, namely, transmission of podcasts
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 proposes to amend the following:

Current:
Class 041 for Radio programming, namely, scheduling of programs to be broadcast on the radio and streamed via global computer network; providing news in the fields of music, sports, entertainment, and current events via a global communication network, the Internet, websites, podcasts, webcasts, webisodes, blogs, portable and wireless communication devices; Entertainment services, namely, providing podcasts in the fields of music, news, sports, comedy, entertainment and current events
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: Radio programming, namely, scheduling of programs to be broadcast on the radio and streamed via global computer network; providing news in the fields of music, sports, entertainment, and current events via a global communication network, the Internet, websites, podcasts, webcasts, webisodes, blogs, portable and wireless communication devices; Entertainment services, namely, providing podcasts in the fields of music, news, sports, comedy, entertainment and current events; podcasting services, namely, production of podcastsClass 041 for Radio programming, namely, scheduling of programs to be broadcast on the radio and streamed via global computer network; providing news in the fields of music, sports, entertainment, and current events via a global communication network, the Internet, websites, podcasts, webcasts, webisodes, blogs, portable and wireless communication devices; Entertainment services, namely, providing podcasts in the fields of music, news, sports, comedy, entertainment and current events; podcasting services, namely, production of podcasts
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


OWNER AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: AUDACY OPERATIONS, INC., a corporation of Delaware, having an address of
      2400 MARKET ST, 4TH FLOOR
      PHILADELPHIA, Pennsylvania 19103
      United States

Proposed: AUDACY OPERATIONS, INC., a corporation of Delaware, having an address of
      2400 MARKET ST, 4TH FLOOR
      PHILADELPHIA, Pennsylvania 19103
      United States
      Email Address: XXXX
Correspondence Information (current):
      ANITA B. POLOTT
      PRIMARY EMAIL FOR CORRESPONDENCE: trademarks@morganlewis.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): anita.polott@morganlewis.com; jennifer.evans@morganlewis.com; brittany.estell@morganlewis.com

The docket/reference number is 061811-0014.
Correspondence Information (proposed):
      Anita B. Polott
      PRIMARY EMAIL FOR CORRESPONDENCE: trademarks@morganlewis.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): anita.polott@morganlewis.com; jennifer.evans@morganlewis.com; brittany.estell@morganlewis.com

The docket/reference number is 061811-0014.

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: /Brittany A Estell/     Date: 07/15/2021
Signatory's Name: Brittany A. Estell
Signatory's Position: Associate Attorney, CA bar member
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:    ANITA B. POLOTT
   MORGAN, LEWIS & BOCKIUS LLP
   
   1111 PENNSYLVANIA AVENUE, NW
   WASHINGTON, District of Columbia 20004
Mailing Address:    Anita B. Polott
   MORGAN, LEWIS & BOCKIUS LLP
   1111 PENNSYLVANIA AVENUE, NW
   WASHINGTON, District of Columbia 20004
        
Serial Number: 90333143
Internet Transmission Date: Thu Jul 15 20:00:24 ET 2021
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.XX-202107152000248
01448-90333143-780bb75da632a067dd9c3c255
2a83f393ef9675f8bee7588bab23d7e71f57f4d4
-N/A-N/A-20210715124248260814