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 09/20/2020)
`
`Response to Office Action
`
`Input Field
`
`SERIAL NUMBER
`
`LAW OFFICE ASSIGNED
`
`MARK SECTION
`
`MARK
`
`LITERAL ELEMENT
`
`STANDARD CHARACTERS
`
`USPTO-GENERATED IMAGE
`
`MARK STATEMENT
`
`The table below presents the data as entered.
`
`Entered
`
`87798979
`
`LAW OFFICE 102
`
`https://tmng-al.uspto.gov/resting2/api/img/87798979/large
`
`AUDIO CENTER
`
`YES
`
`YES
`
`The mark consists of standard characters, without claim to any particular font style,
`size or color.
`
`GOODS AND/OR SERVICES SECTION (current)
`
`INTERNATIONAL CLASS
`
`009
`
`DESCRIPTION
`
`FILING BASIS
`
`FILING BASIS
`
`        FOREIGN APPLICATION NUMBER
`
`       FOREIGN APPLICATION COUNTRY
`
`        FOREIGN FILING DATE
`
`GOODS AND/OR SERVICES SECTION (proposed)
`
`INTERNATIONAL CLASS
`
`TRACKED TEXT DESCRIPTION
`
`Downloadable application software for audio apparatus
`
`Section 1(b)
`
`Section 44(d)
`
`2018-018456
`
`Japan
`
`02/15/2018
`
`009
`
`Downloadable application software for audio apparatus; Downloadable application software for audio apparatus for controlling music
`reproduction
`
`FINAL DESCRIPTION
`
`Downloadable application software for audio apparatus for controlling music reproduction
`
`FILING BASIS
`
`FILING BASIS
`
`       FOREIGN APPLICATION NUMBER
`
`       FOREIGN APPLICATION COUNTRY
`
`       FOREIGN FILING DATE
`
`       INTENT TO
`       PERFECT 44(d)
`
`Section 1(b)
`
`Section 44(d)
`
`2018-018456
`
`Japan
`
`02/15/2018
`
`At this time, the applicant intends to rely on Section 44(e) as a basis for registration
`and requests that the application be suspended to await the submission of the foreign
`registration. If ultimately the applicant does not rely on §44(e) as a basis for
`registration, a valid claim of priority may be retained.
`
`

`

`ADDITIONAL STATEMENTS SECTION
`
`DISCLAIMER
`
`MISCELLANEOUS STATEMENT
`
`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
`
`No claim is made to the exclusive right to use "AUDIO" apart from the mark as
`shown.
`
`As Japan Application No. 2018-018456 remains pending, Applicant respectfully
`requests that the instant application be suspended pending registration of the
`Japanese application.
`
`/Sarah G. Voeller/
`
`Sarah G. Voeller
`
`Attorney of record, MN bar member
`
`612.455.3800
`
`08/08/2018
`
`YES
`
`Wed Aug 08 14:57:06 EDT 2018
`
`USPTO/ROA-XX.XXX.XXX.XX-2
`0180808145706821693-87798
`979-6109b6b52fc63112fe4f8
`ad474c4a6bc1c83c35a6d5319
`a589ac187863ae956b-N/A-N/
`A-20180808120821105693
`
`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 09/20/2020)
`
`To the Commissioner for Trademarks:
`
`Response to Office Action
`
`Application serial no. 87798979 AUDIO CENTER(Standard Characters, see https://tmng-al.uspto.gov/resting2/api/img/87798979/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 Downloadable application software for audio apparatus
`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[ Japan application number
`2018-018456 filed 02/15/2018]. 15 U.S.C.Section 1126(d), as amended.
`
`Proposed:
`Tracked Text Description: Downloadable application software for audio apparatus; Downloadable application software for audio apparatus for
`controlling music reproduction
`
`Class 009 for Downloadable application software for audio apparatus for controlling music reproduction
`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 [ Japan application number
`2018-018456 filed 02/15/2018]. 15 U.S.C.Section 1126(d), as amended.
`INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the
`application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for
`registration, a valid claim of priority may be retained.
`
`ADDITIONAL STATEMENTS
`Disclaimer
`No claim is made to the exclusive right to use "AUDIO" apart from the mark as shown.
`
`Miscellaneous Statement
`As Japan Application No. 2018-018456 remains pending, Applicant respectfully requests that the instant application be suspended pending
`registration of the Japanese application.
`
`SIGNATURE(S)
`Response Signature
`Signature: /Sarah G. Voeller/     Date: 08/08/2018
`Signatory's Name: Sarah G. Voeller
`Signatory's Position: Attorney of record, MN bar member
`
`Signatory's Phone Number: 612.455.3800
`
`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: 87798979
`Internet Transmission Date: Wed Aug 08 14:57:06 EDT 2018
`TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XX-2018080814570682
`1693-87798979-6109b6b52fc63112fe4f8ad474
`c4a6bc1c83c35a6d5319a589ac187863ae956b-N
`/A-N/A-20180808120821105693
`
`        
`