Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number.
`PTO Form 1957 (Rev 10/2011)
`
`OMB No. 0651-0050 (Exp 07/31/2017)
`
`Response to Office Action
`
`Input Field
`
`SERIAL NUMBER
`
`LAW OFFICE ASSIGNED
`
`MARK SECTION
`
`MARK FILE NAME
`
`LITERAL ELEMENT
`
`STANDARD CHARACTERS
`
`USPTO-GENERATED IMAGE
`
`GOODS AND/OR SERVICES SECTION (current)
`
`INTERNATIONAL CLASS
`
`DESCRIPTION
`
`The table below presents the data as entered.
`
`Entered
`
`86663005
`
`LAW OFFICE 116
`
`http://tmng-al.uspto.gov/resting2/api/img/86663005/large
`
`MUSIC
`
`NO
`
`NO
`
`009
`
`computer software; computer software for use in playing, organizing, downloading, transmitting, manipulating, and reviewing audio files, and
`media files; computer software for use in the delivery, distribution and transmission of digital music and entertainment-related audio, video,
`text and multimedia content; computer software for creating searchable databases of information and data for peer-to-peer social networking
`databases; computer software to enable users to program and distribute audio, video, data, text and other multimedia content, including music,
`concerts, videos, radio, television, cultural events, and entertainment-related and educational programs via communication networks; computer
`software for accessing, browsing and searching online databases; computer software for setting up, configuring, operating and controlling
`mobile devices, wearable devices, mobile phones, computers, and computer peripherals, and audio and video players; downloadable audio and
`video recordings featuring music, music performances, and music videos; downloadable electronic books, magazines, periodicals, newsletters,
`newspapers, journals and other publications
`
`FILING BASIS
`
`FILING BASIS
`
`        FOREIGN APPLICATION NUMBER
`
`       FOREIGN APPLICATION COUNTRY
`
`        FOREIGN FILING DATE
`
`GOODS AND/OR SERVICES SECTION (proposed)
`
`INTERNATIONAL CLASS
`
`TRACKED TEXT DESCRIPTION
`
`Section 1(b)
`
`Section 44(d)
`
`67211
`
`Jamaica
`
`05/21/2015
`
`009
`
`computer software; Computer software for use in generating customized recommendations of audio, video, data, text and other multimedia
`content, including music, concerts, videos, radio, television, cultural events and entertainment-related programs determined from an analysis
`of user preferences; computer software for creating and sharing playlists of audio and multimedia files; computer software for use in
`connection with an online music subscription service; database synchronization software; database management software; computer software
`for use in playing, organizing, downloading, transmitting, manipulating, and reviewing audio files, and media files; computer software for use
`in the delivery, distribution and transmission of digital music and entertainment-related audio, video, text and multimedia content; computer
`software for creating searchable databases of information and data for peer-to-peer social networking databases; downloadable electronic
`books, magazines, periodicals, newsletters, newspapers, journals and other publications; computer software to enable users to program and
`distribute audio, video, data, text and other multimedia content, including music, concerts, videos, radio, television, cultural events, and
`entertainment-related and educational programs via communication networks; computer software for accessing, browsing and searching
`online databases; computer software for setting up, configuring, operating and controlling mobile devices, wearable devices, mobile phones,
`
`

`

`computers, and computer peripherals, and audio and video players; downloadable audio and video recordings featuring music, music
`performances, and music videos; downloadable electronic books, magazines, periodicals, newsletters, newspapers, journals and articles, all in
`the fields of music and entertainment
`
`FINAL DESCRIPTION
`
`Computer software for use in generating customized recommendations of audio, video, data, text and other multimedia content, including
`music, concerts, videos, radio, television, cultural events and entertainment-related programs determined from an analysis of user preferences;
`computer software for creating and sharing playlists of audio and multimedia files; computer software for use in connection with an online
`music subscription service; database synchronization software; database management software; computer software for use in playing,
`organizing, downloading, transmitting, manipulating, and reviewing audio files, and media files; computer software for use in the delivery,
`distribution and transmission of digital music and entertainment-related audio, video, text and multimedia content; computer software for
`creating searchable databases of information and data for peer-to-peer social networking databases; computer software to enable users to
`program and distribute audio, video, data, text and other multimedia content, including music, concerts, videos, radio, television, cultural
`events, and entertainment-related and educational programs via communication networks; computer software for accessing, browsing and
`searching online databases; computer software for setting up, configuring, operating and controlling mobile devices, wearable devices, mobile
`phones, computers, and computer peripherals, and audio and video players; downloadable audio and video recordings featuring music, music
`performances, and music videos; downloadable electronic books, magazines, periodicals, newsletters, newspapers, journals and articles, all in
`the fields of music and entertainment
`
`FILING BASIS
`
`FILING BASIS
`
`       FOREIGN APPLICATION NUMBER
`
`       FOREIGN APPLICATION COUNTRY
`
`       FOREIGN FILING DATE
`
`       INTENT TO
`       PERFECT 44(d)
`
`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)
`
`Section 44(d)
`
`67211
`
`Jamaica
`
`05/21/2015
`
`At this time, the applicant does NOT intend to rely on Section 44(e) as a basis for
`registration, but wishes only to assert a valid claim of priority. The application
`should not be suspended to await the submission of the foreign registration.
`
`/Erin M. Hickey/
`
`Erin M. Hickey
`
`Attorney of Record, California Bar Member
`
`669-227-0686
`
`03/17/2016
`
`YES
`
`Thu Mar 17 16:43:30 EDT 2016
`
`USPTO/ROA-XX.X.XX.XXX-201
`60317164330393324-8666300
`5-550e15c707c3460e94ad7e3
`4d98406037305022ae6ad86f8
`0fa7f31293067ca33-N/A-N/A
`-20160316110433549821
`
`Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number.
`PTO Form 1957 (Rev 10/2011)
`
`OMB No. 0651-0050 (Exp 07/31/2017)
`
`Response to Office Action
`
`

`

`To the Commissioner for Trademarks:
`
`Application serial no. 86663005 MUSIC (Stylized and/or with Design, see http://tmng-al.uspto.gov/resting2/api/img/86663005/large) has been
`amended as follows:
`
`CLASSIFICATION AND LISTING OF GOODS/SERVICES
`Applicant proposes to amend the following class of goods/services in the application:
`Current: Class 009 for computer software; computer software for use in playing, organizing, downloading, transmitting, manipulating, and
`reviewing audio files, and media files; computer software for use in the delivery, distribution and transmission of digital music and
`entertainment-related audio, video, text and multimedia content; computer software for creating searchable databases of information and data for
`peer-to-peer social networking databases; computer software to enable users to program and distribute audio, video, data, text and other
`multimedia content, including music, concerts, videos, radio, television, cultural events, and entertainment-related and educational programs via
`communication networks; computer software for accessing, browsing and searching online databases; computer software for setting up,
`configuring, operating and controlling mobile devices, wearable devices, mobile phones, computers, and computer peripherals, and audio and
`video players; downloadable audio and video recordings featuring music, music performances, and music videos; downloadable electronic books,
`magazines, periodicals, newsletters, newspapers, journals and other publications
`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.
`
`Filing Basis: Section 44(d), Priority based on foreign filing: 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, and
`asserts a claim of priority based upon a foreign 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, and asserts a
`claim of priority based upon a foreign application. For a certification 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, 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 or services that meet the certification standards of the applicant,
`and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on[ Jamaica application number 67211
`filed 05/21/2015]. 15 U.S.C.Section 1126(d), as amended.
`
`Proposed:
`Tracked Text Description: computer software; Computer software for use in generating customized recommendations of audio, video, data,
`text and other multimedia content, including music, concerts, videos, radio, television, cultural events and entertainment-related programs
`determined from an analysis of user preferences; computer software for creating and sharing playlists of audio and multimedia files; computer
`software for use in connection with an online music subscription service; database synchronization software; database management software;
`computer software for use in playing, organizing, downloading, transmitting, manipulating, and reviewing audio files, and media files; computer
`software for use in the delivery, distribution and transmission of digital music and entertainment-related audio, video, text and multimedia
`content; computer software for creating searchable databases of information and data for peer-to-peer social networking databases;
`downloadable electronic books, magazines, periodicals, newsletters, newspapers, journals and other publications; computer software to enable
`users to program and distribute audio, video, data, text and other multimedia content, including music, concerts, videos, radio, television,
`cultural events, and entertainment-related and educational programs via communication networks; computer software for accessing, browsing
`and searching online databases; computer software for setting up, configuring, operating and controlling mobile devices, wearable devices,
`mobile phones, computers, and computer peripherals, and audio and video players; downloadable audio and video recordings featuring music,
`music performances, and music videos; downloadable electronic books, magazines, periodicals, newsletters, newspapers, journals and articles, all
`in the fields of music and entertainment
`
`Class 009 for Computer software for use in generating customized recommendations of audio, video, data, text and other multimedia content,
`including music, concerts, videos, radio, television, cultural events and entertainment-related programs determined from an analysis of user
`preferences; computer software for creating and sharing playlists of audio and multimedia files; computer software for use in connection with an
`online music subscription service; database synchronization software; database management software; computer software for use in playing,
`organizing, downloading, transmitting, manipulating, and reviewing audio files, and media files; computer software for use in the delivery,
`distribution and transmission of digital music and entertainment-related audio, video, text and multimedia content; computer software for
`
`

`

`creating searchable databases of information and data for peer-to-peer social networking databases; computer software to enable users to program
`and distribute audio, video, data, text and other multimedia content, including music, concerts, videos, radio, television, cultural events, and
`entertainment-related and educational programs via communication networks; computer software for accessing, browsing and searching online
`databases; computer software for setting up, configuring, operating and controlling mobile devices, wearable devices, mobile phones, computers,
`and computer peripherals, and audio and video players; downloadable audio and video recordings featuring music, music performances, and
`music videos; downloadable electronic books, magazines, periodicals, newsletters, newspapers, journals and articles, all in the fields of music
`and entertainment
`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.
`
`Filing Basis: Section 44(d), Priority based on foreign filing: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, and
`asserts a claim of priority based upon a foreign 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, and asserts a
`claim of priority based upon a foreign application. 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, 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 or services that meet the certification standards of the
`applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on [ Jamaica application
`number 67211 filed 05/21/2015]. 15 U.S.C.Section 1126(d), as amended.
`INTENT TO PERFECT 44(d) : At this time, the applicant does NOT intend to rely on Section 44(e) as a basis for registration, but wishes only to
`assert a valid claim of priority. The application should not be suspended to await the submission of the foreign registration.
`
`SIGNATURE(S)
`Response Signature
`Signature: /Erin M. Hickey/     Date: 03/17/2016
`Signatory's Name: Erin M. Hickey
`Signatory's Position: Attorney of Record, California Bar Member
`
`Signatory's Phone Number: 669-227-0686
`
`The signatory has confirmed that he/she is an attorney who is a member in good standing of the bar of the highest court of a U.S. state, which
`includes the District of Columbia, Puerto Rico, and other federal territories and possessions; 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. attorney or a Canadian attorney/agent
`not currently associated with his/her company/firm previously represented the owner/holder in this matter: (1) the owner/holder has filed or is
`concurrently filing a signed revocation of or substitute power of attorney with the USPTO; (2) the USPTO has granted the request of the prior
`representative to withdraw; (3) the owner/holder has filed a power of attorney appointing him/her in this matter; or (4) the owner's/holder's
`appointed U.S. attorney or Canadian attorney/agent has filed a power of attorney appointing him/her as an associate attorney in this matter.
`
`Serial Number: 86663005
`Internet Transmission Date: Thu Mar 17 16:43:30 EDT 2016
`TEAS Stamp: USPTO/ROA-XX.X.XX.XXX-201603171643303933
`24-86663005-550e15c707c3460e94ad7e34d984
`06037305022ae6ad86f80fa7f31293067ca33-N/
`A-N/A-20160316110433549821
`
`        
`