| PTO Form 1966 (Rev 9/2002) |
| OMB Control #0651-0050 (Exp. 04/30/2006) |
| Input Field |
Entered |
| SERIAL NUMBER | 76498740 |
| MARK SECTION (no change) | |
| ADDITIONAL STATEMENTS SECTION | |
| CONCURRENT USE | The two marks are used in commerce to provide different services. The Applicants mark provides entertainment services in the nature of a television series covering in-home parties and party information, tips and ideas, while the mark in Registration #2352992 provides actual event planning services and goods, namely printed invitations and announcements. The two marks are used in commerce in different principal market areas and in different channels of trade. While the Applicants mark reaches the general nation-wide television-viewing public, the mark in Registration #2352992 is targeted only to consumers in New Jersey who are specifically interested in hosting an event such as a wedding, bar mitzvah, etc. The two parties entered into an agreement on July 27, 2001 by which the owner of Registration #2352992 agreed that it had no objection to Applicants use of Applicants mark for a television series or to the registration of Applicants trademark in connection therewith. The Applicant is not aware of any actual confusion reported between its mark and Registration #2352992, and the two marks have both been in continuous use in commerce since at least November 2002 without any confusion. |
| SIGNATURE SECTION | |
| SIGNATURE | /Jeffrey R. Lai/ |
| SIGNATORY NAME | Jeffrey R. Lai |
| SIGNATORY POSITION | Senior Vice President, Business & Legal Affairs, Secretary and General Counsel, E! Entertainment Television, Inc. |
| SIGNATORY DATE | 02/12/2004 |
| FILING INFORMATION SECTION | |
| SUBMIT DATE | Thu Feb 12 18:35:34 EST 2004 |
| TEAS STAMP | USPTO/OA-XXXXXXX-20040212 183534893135-76498740-200 1dcb983659d129edf2347dc73 5635-N-N-2004021218340439 0672 |
| PTO Form 1966 (Rev 9/2002) |
| OMB Control #0651-0050 (Exp. 04/30/2006) |
| Application serial no. 76498740 is amended as follows: | |
| Additional Statements | |
| The two marks are used in commerce to provide different services. The Applicants mark provides entertainment services in the nature of a television series covering in-home parties and party information, tips and ideas, while the mark in Registration #2352992 provides actual event planning services and goods, namely printed invitations and announcements. The two marks are used in commerce in different principal market areas and in different channels of trade. While the Applicants mark reaches the general nation-wide television-viewing public, the mark in Registration #2352992 is targeted only to consumers in New Jersey who are specifically interested in hosting an event such as a wedding, bar mitzvah, etc. The two parties entered into an agreement on July 27, 2001 by which the owner of Registration #2352992 agreed that it had no objection to Applicants use of Applicants mark for a television series or to the registration of Applicants trademark in connection therewith. The Applicant is not aware of any actual confusion reported between its mark and Registration #2352992, and the two marks have both been in continuous use in commerce since at least November 2002 without any confusion. | |
| Response Signature | |
| Signature: /Jeffrey R. Lai/ Date: 02/12/2004 | |
| Signatory's Name: Jeffrey R. Lai | |
| Signatory's Position: Senior Vice President, Business & Legal Affairs, Secretary and General Counsel, E! Entertainment Television, Inc. | |
| Serial Number: 76498740 | |
| Internet Transmission Date: Thu Feb 12 18:35:34 EST 2004 | |
| TEAS Stamp: USPTO/OA-XXXXXXX-20040212183534893135-76 498740-2001dcb983659d129edf2347dc735635- N-N-20040212183404390672 |