From: |
RWalters@perkinscoie.com (RWalters@perkinscoie.com) |
To: |
ecom103@uspto.gov (SMTP:ecom103@uspto.gov) |
CC: |
LMotherwell@perkinscoie.com (SMTP:LMotherwell@perkinscoie.com) |
Subject: |
OFFICE ACTION RESPONSE for App. Ser. No. 76/307,925 for the Mark COMAGINE (Stylized) in Class 38//Examining Attorney: Allison E. Hall, Law Office 103//Our Ref:
10194.4000.128.US02 |
Received: |
1/24/03 12:18:08 PM |
Attachments: |
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Applicant: Jethro, Inc. Serial No.: 76/307,925 Filed: August 31, 2001 Mark: COMAGINE (Stylized) Class: 38 Examining Attorney: Allison E. Hall Law Office: 103 Dear Ms. Hall, The
following is a response to Office Action No. 2, mailed July 24, 2002, regarding the application ("Application") by Jethro, Inc. ("Applicant") to register the mark COMAGINE (Stylized) in Class 38. The
Examining Attorney has requested that Applicant clarify certain portions of its recitation of services. AMENDED RECITATION OF SERVICES Pursuant to the Examining Attorney's request, Applicant amends
its recitation of services as indicated below (amended language in bold capital letters): Telecommunications and electronic communications services, namely, cellular telephone services, transmission
of streamed sound and audio-visual recordings via a global computer network, electronic transmission of data, documents and messages, electronic delivery of images and photographs via a global
computer network, electronic mail services, electronic, electric, and digital transmission of voice, data, images, signals and messages, email forwarding services, international, interstate and
intrastate telephone services, local and long distance telephone services, online document delivery via a global computer network, and personal communication services; internet service provider
services, namely, providing regular and high-speed multiple user access to a global computer network; online service provider services, namely, providing regular and high-speed multiple user access
to private networks and a global computer network; network services, NAMELY, networking conferencing services; call forwarding services; telecommunications services, namely, the mobile and fixed,
wireless, and wire line electronic transmission of voice, data, paging and facsimiles; mobile and fixed, wireless, and wire line electronic voice messaging services; recording, storage and subsequent
transmission of voice messages from and to mobile and fixed wireless telephones and other telephones; providing wireless telecommunications carriers located outside of North America access to the
North American cellular network satellite transmission services; radio broadcasting services; wireless, and fixed wireless and telephone communication services; paging services; wireless digital
messaging services; telephone calling card services; pre-paid telephone calling card services; facsimile transmission services; electronic voicemail services; consulting services in the field of
telecommunication, wireless, digital, and cellular telephone services and all types of wireless communication services; providing MULTIPLE USER ACCESS TO A GLOBAL COMPUTER NETWORK TO ALLOW USERS TO
INTERFACE WITH THE ONLINE DATABASES, ONLINE BULLETIN BOARDS AND ONLINE CHAT ROOMS OF OTHERS; PROVIDING ON-LINE chat-rooms and bulletin boards FOR TRANSMISSION OF MESSAGES AMONG COMPUTER USERS
CONCERNING TOPICS OF GENERAL INTEREST Regarding the phrase "topics of general interest," Applicant notes the following sample of registered or allowed applications, each with different owners, in
which such language or similar language has been allowed in relationship to on-line chat rooms and on-line bulletin boards: Reg. No. 2,607,717 ("...concerning a variety of subjects of human
interest.") Reg. No. 2,599,463 ("...concerning topics of general interest.") Reg. No. 2,590,671 ("...concerning a wide variety of topics of general interest.") Reg. No. 2,512,807 ("...concerning
matters of general interest.") Reg. No. 2,490,325 ("...concerning a wide variety of fields.") App. Ser. No. 78/062,467 ("...concerning a wide variety of topics.") (allowed application) As Applicant
is providing access to these chat rooms and bulletin boards and not, for example, providing information about a particular topic or field, Applicant respectfully submits that no further clarification
is required. Finally, as Applicant believes its services are all properly classified in Class 38, Applicant submits that no additional fees are required. CONCLUSION The foregoing response complies
with the requirements of Office Action No. 2. Applicant believes the Application is now in proper form and requests passage of the Mark for publication on the Principal Register. If any questions
remain, Applicant requests that the Examining Attorney contact Applicant's attorneys, Heidi L. Sachs, at 206/583-8506 or Ruth L. Walters, at 206/264-3823. Applicant's email address for response
purposes is pctrademarks@perkinscoie.com. Very truly yours, PERKINS COIE LLP /Ruth L. Walters/ CERTIFICATE OF TRANSMISSION I CERTIFY that on January 24, 2003, I transmitted via electronic mail the
above Office Action Response No. 2 regarding the mark COMAGINE (Stylized) in International Class 38 (Application Serial Number 76/307,925) to: ecom103@uspto.gov Allison E. Hall, Examining Attorney
Law Office 103 U.S. Patent & Trademark Office January 24, 2003 /Ruth L. Walters/ Ruth L. Walters Trademark and Intellectual Property Group Perkins Coie LLP 1201 Third Avenue, Suite 4800 Seattle,
WA 98101-3099 Telephone: 206-264-3823 Facsimile: 206-583-8500 rwalters@perkinscoie.com www.perkinscoie.com NOTICE: This communication may contain privileged or other confidential information. If you
have received it in error, please advise the sender by reply email and immediately delete the message and any attachments without copying or disclosing the contents. Thank you.