| PTO Form 1966 (Rev 9/2002) |
| OMB Control #0651-0050 (Exp. 04/30/2006) |
| Input Field |
Entered |
| SERIAL NUMBER | 76330217 |
| MARK SECTION (no change) | |
| ADDITIONAL STATEMENTS SECTION | |
| MISCELLANEOUS STATEMENT | Applicant responds herein to the Office Action issued on September 16, 2003 refusing the specimen for Class 9 filed with Applicant's Statement of Use on July 25, 2003. Applicant respectfully asserts that the attached substitute specimens show trademark use of the mark in Class 9. Applicant's computer software programs are offered and accessed by consumers online through Applicant's web site at www.dnb.com. The attached specimens show two differing pages from Applicant's web site that describe Applicant's online software and allow consumers to seek information about the online software searching and retrieving capabilities. As indicated, the specimen also shows that the format available for searching and retrieving the information is "online," thus allowing consumers to access the computer software that allows for searching and retrieving of business information. Applicant respectfully submits that the attached substitute specimens show trademark use of Applicant's mark in connection with its online software available to consumers via Applicant's internet web site. The Office Action limits its refusal to the specimen filed for the goods, thus Class 9. Based on this, Applicant assumes that the specimens filed for the services in Classes 35 and 36 are acceptable. Should the Examiner have any further questions regarding the subsitute specimens and/or these remarks, Applicant asks that the Examiner contact Applicant's undersigned attorney at 312-616-5600. |
| SIGNATURE SECTION | |
| SIGNATURE | /Anne E. Naffziger/ |
| SIGNATORY NAME | Anne E. Naffziger |
| SIGNATORY POSITION | Attorney for Applicant |
| SIGNATORY DATE | 01/29/2004 |
| SIGNATURE | /Anne E. Naffziger/ |
| SIGNATORY NAME | Anne E. Naffziger |
| SIGNATORY POSITION | Attorney for Applicant |
| SIGNATORY DATE | 01/29/2004 |
| FILING INFORMATION SECTION | |
| SUBMIT DATE | Thu Jan 29 12:00:17 EST 2004 |
| TEAS STAMP | USPTO/OA-XXXXXXXXXXX-2004 0129120017966317-76330217 -200cc17de5744a3df7ff2bdb b2e7235c7-N-N-20040129115 904493539 |
| PTO Form 1966 (Rev 9/2002) |
| OMB Control #0651-0050 (Exp. 04/30/2006) |
| Application serial no. 76330217 is amended as follows: | |
| Additional Statements | |
| Applicant responds herein to the Office Action issued on September 16, 2003 refusing the specimen for Class 9 filed with Applicant's Statement of Use on July 25, 2003. Applicant respectfully asserts that the attached substitute specimens show trademark use of the mark in Class 9. Applicant's computer software programs are offered and accessed by consumers online through Applicant's web site at www.dnb.com. The attached specimens show two differing pages from Applicant's web site that describe Applicant's online software and allow consumers to seek information about the online software searching and retrieving capabilities. As indicated, the specimen also shows that the format available for searching and retrieving the information is "online," thus allowing consumers to access the computer software that allows for searching and retrieving of business information. Applicant respectfully submits that the attached substitute specimens show trademark use of Applicant's mark in connection with its online software available to consumers via Applicant's internet web site. The Office Action limits its refusal to the specimen filed for the goods, thus Class 9. Based on this, Applicant assumes that the specimens filed for the services in Classes 35 and 36 are acceptable. Should the Examiner have any further questions regarding the subsitute specimens and/or these remarks, Applicant asks that the Examiner contact Applicant's undersigned attorney at 312-616-5600. | |
| 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. Section 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 amendment/response on behalf of the applicant; he/she believes the applicant to be the owner of the trademark/service mark sought to be registered, and that the mark is in use in commerce, and was in use in commerce on the application filing date, on or in connection with the goods and/or services listed in the application; or, if the application is being filed under 15 U.S.C. Section 1051(b), 1126(d) or 1126(e), he/she believes applicant to be entitled to use such mark in commerce, and that the applicant has a bona fide intention, and had a bona fide intention on the application filing date, to use the mark in commerce on or in connection with the goods and/or services listed in the application; 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 and/or services of such other person, to cause confusion, or to cause mistake, or to deceive; and that all statements made of his/her own knowledge are true; and that all statements made on information and belief are believed to be true as set forth within the original application and/or the submitted amendment/response. | |
| Signature: /Anne E. Naffziger/ Date: 01/29/2004 | |
| Signatory's Name: Anne E. Naffziger | |
| Signatory's Position: Attorney for Applicant | |
| Response Signature | |
| Signature: /Anne E. Naffziger/ Date: 01/29/2004 | |
| Signatory's Name: Anne E. Naffziger | |
| Signatory's Position: Attorney for Applicant | |
| Serial Number: 76330217 | |
| Internet Transmission Date: Thu Jan 29 12:00:17 EST 2004 | |
| TEAS Stamp: USPTO/OA-XXXXXXXXXXX-2004012912001796631 7-76330217-200cc17de5744a3df7ff2bdbb2e72 35c7-N-N-20040129115904493539 |