Response to Office Action

CTV

BELL MEDIA INC.

Response to Office Action

PTO Form 1966 (Rev 9/2002)
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 76374549
MARK SECTION (no change)
GOODS AND/OR SERVICES SECTION (1st class)(current)
INTERNATIONAL CLASS 038
DESCRIPTION
Television network broadcasting services, television broadcasting services, and television transmission services
FILING BASIS Section 1(b)
        FOREIGN APPLICATION COUNTRY NAME CA
FILING BASIS Section 44(e)
        FOREIGN REGISTRATION NUMBER 573962
        FOREIGN REGISTRATION COUNTRY NAME CA
        FOREIGN REGISTRATION DATE 01/17/2003
        FOREIGN EXPIRATION DATE 01/17/2018
GOODS AND/OR SERVICES SECTION (1st class)(proposed)
INTERNATIONAL CLASS 038
DESCRIPTION
Television network broadcasting services, television broadcasting services, and television transmission services
        FOREIGN APPLICATION COUNTRY NAME CA
FILING BASIS Section 44(e)
        FOREIGN REGISTRATION NUMBER 573962
        FOREIGN REGISTRATION COUNTRY NAME CA
        FOREIGN REGISTRATION DATE 01/17/2003
        FOREIGN EXPIRATION DATE 01/17/2018
GOODS AND/OR SERVICES SECTION (2nd class)(current)
INTERNATIONAL CLASS 041
DESCRIPTION
Television production services, television recording services, and entertainment services in the nature of on-going television programs in the field of entertainment, news and sports; and providing information and databases in the field of entertainment, news and sports via the Internet
FILING BASIS Section 1(b)
FILING BASIS Section 44(e)
GOODS AND/OR SERVICES SECTION (2nd class)(proposed)
INTERNATIONAL CLASS 041
DESCRIPTION
Television production services, television recording services, and entertainment services in the nature of on-going television programs in the field of entertainment, news and sports; and providing information and databases in the field of entertainment, news and sports via the Internet
FILING BASIS Section 44(e)
ADDITIONAL STATEMENTS SECTION
MISCELLANEOUS STATEMENT The original application was filed with a dual basis - Section 1(b) intent to use and Section 44(e) foreign registration. The application has been allowed (the Notice of Allowance issued 7 October 2003). Applicant now wishes to delete the Section 1(b) intent to use basis for registration and rely solely on the Section 44(e) basis for registration. A copy of the foreign registration (Canadian Registration No. 573962) already has been submitted and accepted. Therefore, Applicant requests that the Certificate of Registration be issued. If the examiner has any questions or needs more information, please contact the below-signed attorney of record by email (technoprop@technoprop.com) or by telephone (770.522.9762).
SIGNATURE SECTION
SIGNATURE /lpcolton/
SIGNATORY NAME Laurence P. Colton
SIGNATORY POSITION Attorney for Applicant
SIGNATORY DATE 11/04/2003
FILING INFORMATION SECTION
SUBMIT DATE Tue Nov 04 10:44:07 EST 2003
TEAS STAMP USPTO/OA-XXXXXXXXXX-20031
104104407701009-76374549-
2006a4bc015cfc1aa5655ae1a
55837a85-N-N-200311041043
34169042



PTO Form 1966 (Rev 9/2002)
OMB Control #0651-0050 (Exp. 04/30/2006)

Response to Office Action


To the Commissioner for Trademarks:

Application serial no. 76374549 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 038 for Television network broadcasting services, television broadcasting services, and television transmission services
Original Filing Basis: 1(b); and/or 44(e).
Proposed: Class 038 for Television network broadcasting services, television broadcasting services, and television transmission services
Deleted Filing Basis: 1(b)
Applicant hereby amends the following class of goods/services in the application as follows:
Current: Class 041 for Television production services, television recording services, and entertainment services in the nature of on-going television programs in the field of entertainment, news and sports; and providing information and databases in the field of entertainment, news and sports via the Internet
Original Filing Basis: 1(b); and/or 44(e).
Proposed: Class 041 for Television production services, television recording services, and entertainment services in the nature of on-going television programs in the field of entertainment, news and sports; and providing information and databases in the field of entertainment, news and sports via the Internet
Deleted Filing Basis: 1(b)
 
Additional Statements
The original application was filed with a dual basis - Section 1(b) intent to use and Section 44(e) foreign registration. The application has been allowed (the Notice of Allowance issued 7 October 2003). Applicant now wishes to delete the Section 1(b) intent to use basis for registration and rely solely on the Section 44(e) basis for registration. A copy of the foreign registration (Canadian Registration No. 573962) already has been submitted and accepted. Therefore, Applicant requests that the Certificate of Registration be issued. If the examiner has any questions or needs more information, please contact the below-signed attorney of record by email (technoprop@technoprop.com) or by telephone (770.522.9762).
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.
        
        
Response Signature
        
Signature: /lpcolton/     Date: 11/04/2003
Signatory's Name: Laurence P. Colton
Signatory's Position: Attorney for Applicant
        
        
        
Serial Number: 76374549
Internet Transmission Date: Tue Nov 04 10:44:07 EST 2003
TEAS Stamp: USPTO/OA-XXXXXXXXXX-20031104104407701009
-76374549-2006a4bc015cfc1aa5655ae1a55837
a85-N-N-20031104104334169042




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