| PTO Form 1957 (Rev 9/2005) |
| OMB No. 0651-0050 (Exp. 04/2009) |
| Input Field |
Entered |
| SERIAL NUMBER | 76108065 |
| LAW OFFICE ASSIGNED | LAW OFFICE 104 |
| MARK SECTION (no change) | |
| ARGUMENT(S) | |
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The Examiner has objected that the specimen submitted with the Statement of Use filed April 6, 2006, does not show use of the mark in connection with Applicant’s services in Classes 35 and 39. Applicant respectfully disagrees and argues below that the specimens submitted with the Statement of Use show use of the mark in both classes.
The advertisements and links shown down the right hand side of the specimen web page show use of the AKEVA mark in connection with “dissemination of advertising for others via an on-line electronic communications network, namely, assisting others in placing and running advertisements on computer networks, wireless networks and global communication networks” and in connection with “providing online information in the field of business”. The specimen page shows advertisements for and links to The Weather Channel, Cinema 7, Echopress and the Pope County Tribune.
With regard to Class 39, Applicant’s specimen advertises “Two-Way Service”, a service by which a customer may send and receive large data files. This service requires the data be electronically stored and retrieved, albeit temporarily. In addition, the specimen advertises that Applicant “provides 5MB of free Web space to all customers who want to create their own personal Webpage.” This space is used by customers to store and retrieve data. Accordingly, the specimen of use does support the applicant’s services in Class 39, namely, “electronic and wireless storage and retrieval of data and documents.”
Applicant therefore respectfully requests that the Examining Attorney withdraw the objection to the specimen and that the application be allowed to proceed to registration.
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| SIGNATURE SECTION | |
| RESPONSE SIGNATURE | /ms/ |
| SIGNATORY'S NAME | Marsha Stolt |
| SIGNATORY'S POSITION | Attorney for Applicant |
| DATE SIGNED | 10/04/2006 |
| AUTHORIZED SIGNATORY | YES |
| FILING INFORMATION SECTION | |
| SUBMIT DATE | Wed Oct 04 19:39:40 EDT 2006 |
| TEAS STAMP | USPTO/ROA-XXX.XX.XX.X-200 61004193940583543-7610806 5-340201cf6e3ecaac5a38c47 d23b4f598f-N/A-N/A-200610 04193515606395 |
| PTO Form 1957 (Rev 9/2005) |
| OMB No. 0651-0050 (Exp. 04/2009) |
The Examiner has objected that the specimen submitted with the Statement of Use filed April 6, 2006, does not show use of the mark in connection with Applicant’s services in Classes 35 and 39. Applicant respectfully disagrees and argues below that the specimens submitted with the Statement of Use show use of the mark in both classes.
The advertisements and links shown down the right hand side of the specimen web page show use of the AKEVA mark in connection with “dissemination of advertising for others via an on-line electronic communications network, namely, assisting others in placing and running advertisements on computer networks, wireless networks and global communication networks” and in connection with “providing online information in the field of business”. The specimen page shows advertisements for and links to The Weather Channel, Cinema 7, Echopress and the Pope County Tribune.
With regard to Class 39, Applicant’s specimen advertises “Two-Way Service”, a service by which a customer may send and receive large data files. This service requires the data be electronically stored and retrieved, albeit temporarily. In addition, the specimen advertises that Applicant “provides 5MB of free Web space to all customers who want to create their own personal Webpage.” This space is used by customers to store and retrieve data. Accordingly, the specimen of use does support the applicant’s services in Class 39, namely, “electronic and wireless storage and retrieval of data and documents.”
Applicant therefore respectfully requests that the Examining Attorney withdraw the objection to the specimen and that the application be allowed to proceed to registration.