Response to Office Action

HOBBES

MORGEN FACILITATIONS, INC.

Response to Office Action

PTO Form 1957 (Rev 8/2005)
OMB Control #0651-0050 (Exp. 04/30/2006)

Response to Office Action


The table below presents the data as entered.

Input Field
Entered
SERIAL NUMBER 76124219
MARK SECTION (no change)
GOODS AND/OR SERVICES SECTION (current)
INTERNATIONAL CLASS 009
DESCRIPTION
Computer software program for the purpose of navigating a web site
FILING BASIS Section 1(a)
        FIRST USE ANYWHERE DATE 02/08/2001
        FIRST USE IN COMMERCE DATE 02/08/2001
FILING BASIS Section 1(b)
GOODS AND/OR SERVICES SECTION (proposed)
INTERNATIONAL CLASS 009
DESCRIPTION
Computer software program for the purpose of navigating a web site
FILING BASIS Section 1(a)
        FIRST USE ANYWHERE DATE 02/08/2001
        FIRST USE IN COMMERCE DATE 02/08/2001
        STATEMENT TYPE The substitute specimen(s) was in use in commerce prior to expiration of the filing deadline for filing a Statement of Use (SOU).
        SPECIMEN FILE NAME(S) \\TICRS\EXPORT11\IMAGEOUT 11\761\242\76124219\xml3\ ROA0002.JPG
        SPECIMEN DESCRIPTION a scanned page from Applicant's computer software program used for navigating a web site
FILING BASIS Section 1(b)
ADDITIONAL STATEMENTS SECTION
MISCELLANEOUS STATEMENT The attached substitute specimen shows the mark "HOBBES" as it is used in commerce on the goods of Applicant's computer software program for the purpose of navigating a web site. Specifically, the substitute specimen appears once a consumer registers on line for use of Applicant's computer software program. The substitute specimen is an actual downloaded page that appears once the program good is downloaded by a consumer.
SIGNATURE SECTION
DECLARATION SIGNATURE /TIMOTHY J. ZARLEY/
SIGNATORY NAME TIMOTHY J. ZARLEY
SIGNATORY POSITION Attorney
SIGNATURE DATE 03/23/2005
RESPONSE SIGNATURE /TIMOTHY J. ZARLEY/
SIGNATORY NAME TIMOTHY J. ZARLEY
SIGNATORY POSITION ATTORNEY
SIGNATURE DATE 03/23/2005
FILING INFORMATION SECTION
SUBMIT DATE Wed Mar 23 10:54:18 EST 2005
TEAS STAMP USPTO/OA-XXXXXXXXXXX-2005
0323105418333032-76124219
-200b1147742f99018568e707
79185b2ee-N-N-20050323105
250697207



PTO Form 1957 (Rev 8/2005)
OMB Control #0651-0050 (Exp. 04/30/2006)

Response to Office Action


To the Commissioner for Trademarks:

Application serial no. 76124219 is amended as follows:    
        
Classification and Listing of Goods/Services
Applicant hereby amends the following class of goods/services in the application as follows:
Current: Class 009 for Computer software program for the purpose of navigating a web site
Original Filing Basis: 1(b); and/or 1(a).
Proposed: Class 009 for Computer software program for the purpose of navigating a web site
Section 1(a), Use in Commerce: The mark was first used at least as early as 02/08/2001 and first used in commerce at least as early as 02/08/2001, and is now in use in such commerce.
Applicant hereby submits a specimen for Class 009.
The specimen(s) submitted consists of a scanned page from Applicant's computer software program used for navigating a web site.
For an application based on 1(b), Intent-to-Use, "The substitute specimen(s) was in use in commerce prior to expiration of the filing deadline for filing a Statement of Use (SOU)."
Specimen-1
        
 
Additional Statements
The attached substitute specimen shows the mark "HOBBES" as it is used in commerce on the goods of Applicant's computer software program for the purpose of navigating a web site. Specifically, the substitute specimen appears once a consumer registers on line for use of Applicant's computer software program. The substitute specimen is an actual downloaded page that appears once the program good is downloaded by a consumer.
Declaration Signature
The undersigned, being hereby warned that willful false statements and the like so made are punishable by fine or imprisonment, or both, under 18 U.S.C. §1001, and that such willful false statements may jeopardize the validity of the application or any resulting registration, declares that he/she is properly authorized to execute this application on behalf of the applicant; he/she believes the applicant to be the owner of the trademark/service mark sought to be registered, or, if the application is being filed under 15 U.S.C. §1051(b), he/she believes applicant to be entitled to use such mark in commerce; to the best of his/her knowledge and belief no other person, firm, corporation, or association has the right to use the mark in commerce, either in the identical form thereof or in such near resemblance thereto as to be likely, when used on or in connection with the goods/services of such other person, to cause confusion, or to cause mistake, or to deceive; that if the original application was submitted unsigned, that all statements in the original application and this submission made of the declaration signer's knowledge are true; and all statements in the original application and this submission made on information and belief are believed to be true.
        
Signature: /TIMOTHY J. ZARLEY/      Date: 03/23/2005
Signatory's Name: TIMOTHY J. ZARLEY
Signatory's Position: Attorney
        
Response Signature
        
Signature: /TIMOTHY J. ZARLEY/     Date: 03/23/2005
Signatory's Name: TIMOTHY J. ZARLEY
Signatory's Position: ATTORNEY
        
        
        
Serial Number: 76124219
Internet Transmission Date: Wed Mar 23 10:54:18 EST 2005
TEAS Stamp: USPTO/OA-XXXXXXXXXXX-2005032310541833303
2-76124219-200b1147742f99018568e70779185
b2ee-N-N-20050323105250697207



Response to Office Action [image/jpeg]


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