`
`OMB No. 0651-0050 (Exp. 07/31/2017)
`
`Response to Office Action
`
`Input Field
`
`SERIAL NUMBER
`
`LAW OFFICE ASSIGNED
`
`MARK SECTION
`
`MARK
`
`LITERAL ELEMENT
`
`STANDARD CHARACTERS
`
`USPTO-GENERATED IMAGE
`
`MARK STATEMENT
`
`ARGUMENT(S)
`
`The table below presents the data as entered.
`
`Entered
`
`85900719
`
`LAW OFFICE 107
`
`http://tess2.uspto.gov/ImageAgent/ImageAgentProxy?getImage=85900719
`
`REVOLT
`
`YES
`
`YES
`
`The mark consists of standard characters, without claim to any particular font style,
`size or color.
`
`Applicant's companion application serial no. 85/900385 for the mark REVOLT in Class 42, filed April 10, 2013, contains services that should
`properly be classified in Class 41.(cid:160) The current application for the mark REVOLT includes Class 41.(cid:160) Accordingly, Applicant requests that the
`following service be moved from the Companion Application to the current application:
`
`Computer services, namely, providing an on-line interactive computer database in the fields of music, film, movies, television programs,
`radio programs, music, entertainment personalities, celebrities, entertainment previews and trailers, current event news and other
`related entertainment and current event news information
`
`Moving services between companion applications is permitted by TMEP 1402.08.(cid:160) As required by the TMEP, the Companion Application from which
`the item is to be moved was filed on or before the filing date of the current application to which it is to be moved.(cid:160)
`
`GOODS AND/OR SERVICES SECTION (current)
`
`INTERNATIONAL CLASS
`
`DESCRIPTION
`
`041
`
`Entertainment services; educational services; providing non-downloadable films and television programs and programming via a video-on-
`demand service; entertainment services in the nature of development, creation, production, post production and distribution services of films,
`movies, television programs, television programming and multimedia entertainment content; entertainment services in the nature of
`development, creation, production, post production and distribution services of DVDs; animation production services; entertainment services
`in the nature of musical records and musical programs; entertainment services in the field of film and television, namely, the creation,
`production and distribution of films, videos, television programs and programming, television series, music videos, animation, and computer
`generated images; production, distribution and rental of sound and visual recordings; production of live-action and animated entertainment
`shows and interactive programs for distribution via audio and visual media, and electronic means; production and provision of entertainment
`news and entertainment information via communication and computer networks; providing entertainment services via the internet, electronic
`communications networks, computer networks and wireless communications networks in the nature of online games and websites featuring a
`wide variety of general interest entertainment information relating to motion picture films, television programs and programming, television
`series, videos, musical videos, animation, related film clips, photographs, graphics and other multimedia materials; theater productions;
`computer animated and special effects production services; rental and distribution of motion picture films, videos, television programs, radio
`programs, music videos, musical recordings, animation, and multimedia content in the fields of entertainment and education; providing
`information, namely, ratings, reviews and recommendations of users on events and activities in the field of entertainment and education via the
`internet, electronic communications networks, computer networks and wireless communications networks; entertainment services in the nature
`of providing entertainment programs and content, namely, motion picture films, television programs, television programming, television
`
`
`
`series, videos, music videos, animation, clips, graphics, multimedia content and related information in the fields of drama, action, comedy, sci-
`fi, animation, music, musicals, news, variety, adventure, sports, current events and documentary, via the internet, electronic communications
`networks, computer networks and wireless communications networks; entertainment and educational services, namely, providing motion
`picture films, television programming, television series, videos, music videos, animation, musical recordings, radio programming and
`multimedia content in the fields of entertainment and education; providing online information in the field of entertainment concerning
`television, motion picture films, video, music video, animation and radio programs; premium and pay television entertainment services;
`premium and pay television programming services; premium or pay television services, namely, production and distribution of television
`programs and motion pictures rendered through the media of television, cable and satellite systems, and the Internet; educational services,
`namely, an educational initiative providing educators with pay or premium television programming for educational purposes; online television
`program magazine; education services, namely, providing classes, seminars and workshops in the fields of film, movies, and television
`production; entertainment services, namely, personal appearances by a film, movie, television and music celebrities; providing a website
`featuring entertainment information; providing a website featuring information in the field of film, movies, television shows, and television
`and film production; on-line journals, namely, blogs featuring articles, posts and information in the field of films, movies, television shows,
`TV and film production and information about film, movie and television producers and celebrities
`
`FILING BASIS
`
`GOODS AND/OR SERVICES SECTION (proposed)
`
`INTERNATIONAL CLASS
`
`TRACKED TEXT DESCRIPTION
`
`Section 1(b)
`
`041
`
`Entertainment services; Providing non-downloadable films and television programs and programming via a video-on-demand service;
`educational services; entertainment services in the nature of development, creation, production, post production and distribution services of
`music, films, movies, television programs, television programming and multimedia entertainment content; entertainment services in the nature
`of development, creation, production, post production and distribution services of DVDs; entertainment services in the nature of development,
`creation, production, post production and distribution services of films, movies, television programs, television programming and multimedia
`entertainment content; animation production services; entertainment services in the nature of creation and production of musical records and
`musical programs; entertainment services in the field of film and television, namely, the creation, production and distribution of films, videos
`in the fields of drama, action, comedy, sci-fi, animation, music, musicals, dance , news, variety, adventure, sports, current events, reality,
`games shows, awards shows, biography and documentary, television programs and programming, television series, music videos, animation,
`and computer generated images, production and rental of sound and visual recordings; entertainment services in the nature of musical records
`and musical programs; production of live-action and animated entertainment shows and interactive programs for distribution via audio and
`visual media, and electronic means; entertainment services in the field of film and television, namely, the creation, production and distribution
`of films, videos, television programs and programming, television series, music videos, animation, and computer generated images;
`production and provision of entertainment news and entertainment information via communication and computer networks; production,
`distribution and rental of sound and visual recordings; providing entertainment services via the internet, electronic communications networks,
`computer networks and wireless communications networks in the nature of online games and websites featuring a wide variety of general
`interest entertainment information relating to motion picture films, television programs and programming, television series, videos, music,
`musical videos, animation, related film clips, photographs, graphics and other multimedia materials; theater productions; computer animated
`and special effects production services; providing entertainment services via the internet, electronic communications networks, computer
`networks and wireless communications networks in the nature of online games and websites featuring a wide variety of general interest
`entertainment information relating to motion picture films, television programs and programming, television series, videos, musical videos,
`animation, related film clips, photographs, graphics and other multimedia materials; rental and online distribution of videos, music, music
`videos, musical recordings, and multimedia content in the fields of entertainment and education; rental and distribution of motion picture
`films, television programs, radio programs and animated programs in the fields of entertainment and education; providing information,
`namely, ratings, reviews and recommendations of users on events and activities in the field of entertainment and education via the internet,
`electronic communications networks, computer networks and wireless communications networks; rental and distribution of motion picture
`films, videos, television programs, radio programs, music videos, musical recordings, animation, and multimedia content in the fields of
`entertainment and education; entertainment services in the nature of providing entertainment programs and content, namely, motion picture
`films, on-going television programs, television programming, television series, videos, music, music videos, animation, clips, graphics,
`multimedia content and related information in the fields of drama, action, comedy, sci-fi, animation, music, musicals, news, variety,
`adventure, sports, current events and documentary, via the internet, electronic communications networks, computer networks and wireless
`communications networks; entertainment and educational services, namely, providing motion picture films, television programming,
`television series, videos in the fields of drama, action, comedy, sci-fi, animation, music, musicals, dance , news, variety, adventure, sports,
`current events, reality, games shows, awards shows, biography and documentary, music videos, animation, musical recordings, radio
`programming and multimedia content in the fields of entertainment and education; entertainment services in the nature of providing
`entertainment programs and content, namely, motion picture films, television programs, television programming, television series, videos,
`music videos, animation, clips, graphics, multimedia content and related information in the fields of drama, action, comedy, sci-fi, animation,
`music, musicals, news, variety, adventure, sports, current events and documentary, via the internet, electronic communications networks,
`computer networks and wireless communications networks; providing online information in the field of entertainment concerning television,
`
`
`
`motion picture films, video, music, music video, animation and radio programs; entertainment and educational services, namely, providing
`motion picture films, television programming, television series, videos, music videos, animation, musical recordings, radio programming and
`multimedia content in the fields of entertainment and education; premium and pay television entertainment services namely, entertainment
`media production and distribution services for television; providing online information in the field of entertainment concerning television,
`motion picture films, video, music video, animation and radio programs; premium and pay television programming services; premium and pay
`television entertainment services; premium or pay television services, namely, production and distribution of television programs and motion
`pictures rendered through the media of television, cable and satellite systems, and the Internet; educational services, namely, an educational
`initiative providing educators with pay or premium television programming for educational purposes; providing an online non-downloadable
`television program magazine; education services, namely, providing classes, seminars and workshops in the fields of film, movies, television,
`film production and television production; online television program magazine; entertainment services, namely, personal appearances by a
`film, movie, television and music celebrities; education services, namely, providing classes, seminars and workshops in the fields of film,
`movies, and television production; providing a website featuring entertainment information; providing a website featuring information in the
`field of music, film, movies, television shows, and television and film production; on-line journals, namely, blogs featuring articles, posts and
`information in the field of music, films, movies, television shows, TV and film production and information about music, film, movie and
`television producers and celebrities; providing a website featuring information in the field of film, movies, television shows, and television
`and film production; instruction in the field of music; on-line journals, namely, blogs featuring articles, posts and information in the field of
`films, movies, television shows, TV and film production and information about film, movie and television producers and celebrities; operating
`of music schools; entertainment services in the nature of recording, production and post-production services in the field of music;
`entertainment services, namely, recording studio services; live musical performances; computer services, namely, providing an on-line
`interactive computer database in the fields of music, film, movies, television programs, radio programs, music, entertainment personalities,
`celebrities, entertainment previews and trailers, current event news and other related entertainment and current event news information
`
`FINAL(cid:160)DESCRIPTION
`
`Providing non-downloadable films and television programs and programming via a video-on-demand service; entertainment services in the
`nature of development, creation, production, post production and distribution services of music, films, movies, television programs, television
`programming and multimedia entertainment content; entertainment services in the nature of development, creation, production, post
`production and distribution services of DVDs; animation production services; entertainment services in the nature of creation and production
`of musical records and musical programs; entertainment services in the field of film and television, namely, the creation, production and
`distribution of films, videos in the fields of drama, action, comedy, sci-fi, animation, music, musicals, dance , news, variety, adventure, sports,
`current events, reality, games shows, awards shows, biography and documentary, television programs and programming, television series,
`music videos, animation, and computer generated images, production and rental of sound and visual recordings; production of live-action and
`animated entertainment shows and interactive programs for distribution via audio and visual media, and electronic means; production and
`provision of entertainment news and entertainment information via communication and computer networks; providing entertainment services
`via the internet, electronic communications networks, computer networks and wireless communications networks in the nature of online games
`and websites featuring a wide variety of general interest entertainment information relating to motion picture films, television programs and
`programming, television series, videos, music, musical videos, animation, related film clips, photographs, graphics and other multimedia
`materials; theater productions; computer animated and special effects production services; rental and online distribution of videos, music,
`music videos, musical recordings, and multimedia content in the fields of entertainment and education; rental and distribution of motion
`picture films, television programs, radio programs and animated programs in the fields of entertainment and education; providing information,
`namely, ratings, reviews and recommendations of users on events and activities in the field of entertainment and education via the internet,
`electronic communications networks, computer networks and wireless communications networks; entertainment services in the nature of
`providing entertainment programs and content, namely, motion picture films, on-going television programs, television programming,
`television series, videos, music, music videos, animation, clips, graphics, multimedia content and related information in the fields of drama,
`action, comedy, sci-fi, animation, music, musicals, news, variety, adventure, sports, current events and documentary, via the internet,
`electronic communications networks, computer networks and wireless communications networks; entertainment and educational services,
`namely, providing motion picture films, television programming, television series, videos in the fields of drama, action, comedy, sci-fi,
`animation, music, musicals, dance , news, variety, adventure, sports, current events, reality, games shows, awards shows, biography and
`documentary, music videos, animation, musical recordings, radio programming and multimedia content in the fields of entertainment and
`education; providing online information in the field of entertainment concerning television, motion picture films, video, music, music video,
`animation and radio programs; premium and pay television entertainment services namely, entertainment media production and distribution
`services for television; premium and pay television programming services; premium or pay television services, namely, production and
`distribution of television programs and motion pictures rendered through the media of television, cable and satellite systems, and the Internet;
`educational services, namely, an educational initiative providing educators with pay or premium television programming for educational
`purposes; providing an online non-downloadable television program magazine; education services, namely, providing classes, seminars and
`workshops in the fields of film, movies, television, film production and television production; entertainment services, namely, personal
`appearances by a film, movie, television and music celebrities; providing a website featuring entertainment information; providing a website
`featuring information in the field of music, film, movies, television shows, and television and film production; on-line journals, namely, blogs
`featuring articles, posts and information in the field of music, films, movies, television shows, TV and film production and information about
`music, film, movie and television producers and celebrities; instruction in the field of music; operating of music schools; entertainment
`services in the nature of recording, production and post-production services in the field of music; entertainment services, namely, recording
`
`
`
`studio services; live musical performances; computer services, namely, providing an on-line interactive computer database in the fields of
`music, film, movies, television programs, radio programs, music, entertainment personalities, celebrities, entertainment previews and trailers,
`current event news and other related entertainment and current event news information
`
`FILING BASIS
`
`SIGNATURE SECTION
`
`RESPONSE SIGNATURE
`
`SIGNATORY'S NAME
`
`SIGNATORY'S POSITION
`
`SIGNATORY'S PHONE NUMBER
`
`DATE SIGNED
`
`AUTHORIZED SIGNATORY
`
`FILING INFORMATION SECTION
`
`SUBMIT DATE
`
`TEAS STAMP
`
`Section 1(b)
`
`/jennifer l jolley/
`
`Jennifer L. Jolley
`
`Attorney for Applicant, Washington state bar member
`
`206.359.8000
`
`01/31/2014
`
`YES
`
`Fri Jan 31 19:17:41 EST 2014
`
`USPTO/ROA-XX.XXX.XXX.XXX-
`20140131191741005583-8590
`0719-500347cedc8848bc1446
`892f1df7d9763ef14baaa4efa
`76f477f9c5a281247-N/A-N/A
`-20140131190004290230
`
`PTO Form 1957 (Rev 9/2005)
`
`OMB No. 0651-0050 (Exp. 07/31/2017)
`
`To the Commissioner for Trademarks:
`
`Response to Office Action
`
`Application serial no. 85900719(cid:160)REVOLT(Standard Characters, see http://tess2.uspto.gov/ImageAgent/ImageAgentProxy?getImage=85900719)
`has been amended as follows:
`
`ARGUMENT(S)
`In response to the substantive refusal(s), please note the following:
`
`Applicant's companion application serial no. 85/900385 for the mark REVOLT in Class 42, filed April 10, 2013, contains services that should
`properly be classified in Class 41.(cid:160) The current application for the mark REVOLT includes Class 41.(cid:160) Accordingly, Applicant requests that the
`following service be moved from the Companion Application to the current application:
`
`Computer services, namely, providing an on-line interactive computer database in the fields of music, film, movies, television programs,
`radio programs, music, entertainment personalities, celebrities, entertainment previews and trailers, current event news and other related
`entertainment and current event news information
`
`Moving services between companion applications is permitted by TMEP 1402.08.(cid:160) As required by the TMEP, the Companion Application from which
`the item is to be moved was filed on or before the filing date of the current application to which it is to be moved.(cid:160)
`
`CLASSIFICATION AND LISTING OF GOODS/SERVICES
`Applicant proposes to amend the following class of goods/services in the application:
`Current: Class 041 for Entertainment services; educational services; providing non-downloadable films and television programs and
`programming via a video-on-demand service; entertainment services in the nature of development, creation, production, post production and
`
`
`
`distribution services of films, movies, television programs, television programming and multimedia entertainment content; entertainment services
`in the nature of development, creation, production, post production and distribution services of DVDs; animation production services;
`entertainment services in the nature of musical records and musical programs; entertainment services in the field of film and television, namely,
`the creation, production and distribution of films, videos, television programs and programming, television series, music videos, animation, and
`computer generated images; production, distribution and rental of sound and visual recordings; production of live-action and animated
`entertainment shows and interactive programs for distribution via audio and visual media, and electronic means; production and provision of
`entertainment news and entertainment information via communication and computer networks; providing entertainment services via the internet,
`electronic communications networks, computer networks and wireless communications networks in the nature of online games and websites
`featuring a wide variety of general interest entertainment information relating to motion picture films, television programs and programming,
`television series, videos, musical videos, animation, related film clips, photographs, graphics and other multimedia materials; theater productions;
`computer animated and special effects production services; rental and distribution of motion picture films, videos, television programs, radio
`programs, music videos, musical recordings, animation, and multimedia content in the fields of entertainment and education; providing
`information, namely, ratings, reviews and recommendations of users on events and activities in the field of entertainment and education via the
`internet, electronic communications networks, computer networks and wireless communications networks; entertainment services in the nature of
`providing entertainment programs and content, namely, motion picture films, television programs, television programming, television series,
`videos, music videos, animation, clips, graphics, multimedia content and related information in the fields of drama, action, comedy, sci-fi,
`animation, music, musicals, news, variety, adventure, sports, current events and documentary, via the internet, electronic communications
`networks, computer networks and wireless communications networks; entertainment and educational services, namely, providing motion picture
`films, television programming, television series, videos, music videos, animation, musical recordings, radio programming and multimedia
`content in the fields of entertainment and education; providing online information in the field of entertainment concerning television, motion
`picture films, video, music video, animation and radio programs; premium and pay television entertainment services; premium and pay television
`programming services; premium or pay television services, namely, production and distribution of television programs and motion pictures
`rendered through the media of television, cable and satellite systems, and the Internet; educational services, namely, an educational initiative
`providing educators with pay or premium television programming for educational purposes; online television program magazine; education
`services, namely, providing classes, seminars and workshops in the fields of film, movies, and television production; entertainment services,
`namely, personal appearances by a film, movie, television and music celebrities; providing a website featuring entertainment information;
`providing a website featuring information in the field of film, movies, television shows, and television and film production; on-line journals,
`namely, blogs featuring articles, posts and information in the field of films, movies, television shows, TV and film production and information
`about film, movie and television producers and celebrities
`Original Filing Basis:
`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: Entertainment services; Providing non-downloadable films and television programs and programming via a video-
`on-demand service; educational services; entertainment services in the nature of development, creation, production, post production and
`distribution services of music, films, movies, television programs, television programming and multimedia entertainment content; entertainment
`services in the nature of development, creation, production, post production and distribution services of DVDs; entertainment services in the
`nature of development, creation, production, post production and distribution services of films, movies, television programs, television
`programming and multimedia entertainment content; animation production services; entertainment services in the nature of creation and
`production of musical records and musical programs; entertainment services in the field of film and television, namely, the creation, production
`and distribution of films, videos in the fields of drama, action, comedy, sci-fi, animation, music, musicals, dance , news, variety, adventure,
`sports, current events, reality, games shows, awards shows, biography and documentary, television programs and programming, television
`series, music videos, animation, and computer generated images, production and rental of sound and visual recordings; entertainment services in
`the nature of musical records and musical programs; production of live-action and animated entertainment shows and interactive programs for
`distribution via audio and visual media, and electronic means; entertainment services in the field of film and television, namely, the creation,
`production and distribution of films, videos, television programs and programming, television series, music videos, animation, and computer
`generated images; production and provision of entertainment news and entertainment information via communication and computer networks;
`production, distribution and rental of sound and visual recordings; providing entertainment services via the internet, electronic communications
`networks, computer networks and wireless communications networks in the nature of online games and websites featuring a wide variety of
`general interest entertainment information relating to motion picture films, television programs and programming, television series, videos,
`music, musical videos, animation, related film clips, photographs, graphics and other multimedia materials; theater productions; computer
`animated and special effects production services; providing entertainment services via the internet, electronic communications networks,
`computer networks and wireless communications networks in the nature of online games and websites featuring a wide variety of general
`
`
`
`interest entertainment information relating to motion picture films, television programs and programming, television series, videos, musical
`videos, animation, related film clips, photographs, graphics and other multimedia materials; rental and online distribution of videos, music,
`music videos, musical recordings, and multimedia content in the fields of entertainment and education; rental and distribution of motion picture
`films, television programs, radio programs and animated programs in the fields of entertainment and education; providing information, namely,
`ratings, reviews and recommendations of users on events and activities in the field of entertainment and education via the internet, electronic
`communications networks, computer networks and wireless communications networks; rental and distribution of motion picture films, videos,
`television programs, radio programs, music videos, musical recordings, animation, and multimedia content in the fields of entertainment and
`education; entertainment services in the nature of providing entertainment programs and content, namely, motion picture films, on-going
`television programs, television programming, television series, videos, music, music videos, animation, clips, graphics, multimedia content and
`related information in the fields of drama, action, comedy, sci-fi, animation, music, musicals, news, variety, adventure, sports, current events and
`documentary, via the internet, electronic communications networks, computer networks and wireless communications networks; entertainment
`and educational services, namely, providing motion picture films, television programming, television series, videos in the fields of drama, action,
`comedy, sci-fi, animation, music, musicals, dance , news, variety, adventure, sports, current events, reality, games shows, awards shows,
`biography and documentary, music videos, animation, musical recordings, radio programming and multimedia content in the fields of
`entertainment and education; entertainment services in the nature of providing entertainment programs and content, namely, motion picture
`films, television programs, television programming, television series, videos, music videos, animation, clips, graphics, multimedia content and
`related information in the fields of drama, action, comedy, sci-fi, animation, music, musicals, news, variety, adventure, sports, current events and
`documentary, via the internet, electronic communications networks, computer networks and wireless communications networks; providing
`online information in the field of entertainment concerning television, motion picture films, video, music, music video, animation

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