| PTO Form 1957 (Rev 8/2005) |
| OMB Control #0651-0050 (Exp. 04/30/2006) |
| Input Field |
Entered |
| SERIAL NUMBER | 76610513 |
| MARK SECTION (no change) | |
| GOODS AND/OR SERVICES SECTION (1st class)(current) | |
| INTERNATIONAL CLASS | 009 |
| DESCRIPTION | |
| COMPUTER SOFTWARE, HARDWARE AND FIRMWARE; COMPUTER PERIPHERALS; ELECTRONIC GAMES; COMPUTER GAMES; VIDEO GAMES; COMPUTER AND VIDEO GAMES SOFTWARE; COMPUTER AND VIDEO GAMES SOFTWARE DOWNLOADED VIA THE INTERNET; COMPUTER GAMES CARTRIDGES, VIDEO GAMES CARTRIDGES; VIDEOS; COMPUTER AND VIDEO GAMES APPARATUS; PARTS AND FITTINGS FOR ALL THE AFORESAID GOODS | |
| FILING BASIS | Section 1(b) |
| FILING BASIS | Section 44(d) |
| FOREIGN APPLICATION NUMBER | 3850815 |
| FOREIGN APPLICATION COUNTRY NAME | EM |
| FOREIGN FILING DATE | 05/21/2004 |
| GOODS AND/OR SERVICES SECTION (1st class)(proposed) | |
| INTERNATIONAL CLASS | 009 |
| DESCRIPTION | |
| COMPUTER GAME SOFTWARE; COMPUTER HARDWARE; EMBEDDED COMPUTER GAME SOFTWARE; COMPUTER PERIPHERALS; ELECTRONIC GAME PROGRAMS; COMPUTER GAMES DISCS; VIDEO GAMES DISCS; COMPUTER AND VIDEO GAMES SOFTWARE; COMPUTER AND VIDEO GAMES SOFTWARE DOWNLOADED VIA THE INTERNET; COMPUTER GAMES CARTRIDGES, VIDEO GAMES CARTRIDGES; VIDEOS FEATURING COMPTER AND VIDEO GAME CONTENT | |
| FILING BASIS | Section 1(b) |
| FILING BASIS | Section 44(d) |
| FOREIGN APPLICATION NUMBER | 3850815 |
| FOREIGN APPLICATION COUNTRY NAME | Other |
| FOREIGN FILING DATE | 05/21/2004 |
| GOODS AND/OR SERVICES SECTION (2nd class)(no change) | |
| GOODS AND/OR SERVICES SECTION (3rd class)(current) | |
| INTERNATIONAL CLASS | 041 |
| DESCRIPTION | |
| ENTERTAINMENT SERVICES; PRODUCTION AND RENTAL OF COMPUTER GAMES AND VIDEO GAMES | |
| FILING BASIS | Section 1(b) |
| FILING BASIS | Section 44(d) |
| GOODS AND/OR SERVICES SECTION (3rd class)(proposed) | |
| INTERNATIONAL CLASS | 041 |
| DESCRIPTION | |
| ENTERTAINMENT SERVICES; PRODUCTION AND RENTAL OF COMPUTER GAMES AND VIDEO GAMES; PRODUCTION AND RENTAL OF COMPUTER GAMES AND VIDEO GAMES SOFTWARE | |
| FILING BASIS | Section 1(b) |
| FILING BASIS | Section 44(d) |
| GOODS AND/OR SERVICES SECTION (4th class)(class deleted) | |
| INTERNATIONAL CLASS | 042 |
| DESCRIPTION | PRODUCTION AND RENTAL OF COMPUTER AND VIDEO GAMES SOFTWARE |
| FILING BASIS | Section 1(b) |
| FILING BASIS | Section 44(d) |
| ADDITIONAL STATEMENTS SECTION | |
| MISCELLANEOUS STATEMENT | Applicant May Elect Basis Applicant respectfully declines to elect a single basis for its application at this time. Assignment of Application Applicant, Electronic Arts Inc., is filing this Response to the Examining Attorney's Office Action as the successor-in-title to this Application, pursuant to the Assignment from Criterion Software Limited to Electronic Arts Limited of March 23, 2005 and the Assignment from Electronic Arts Limited to Electronic Arts Inc. of June 7, 2005. Copies of both of the aforementioned assignments have been previously filed with the U.S. Patent and Trademark Office for their recordal of the same. As a result, Electronic Arts Inc. is entitled to prosecute this Application as Applicant. Revocation of Power of Attorney and Domestic Representative and Change of Correspondent Applicant hereby revokes the Power of Attorney and Domestic Representative currently of record and given to Peter D. Murray of Cooper & Dunham LLP, 1185 Avenue of the Americas, Suite 22R, New York, NY 10036-2615 and appoints the following new attorney: Jacob Schatz Electronic Arts Inc. 209 Redwood Shores Parkway Redwood City, California 94065 Phone: (650) 628-1500 Fax: (650) 628-1422 Email: jschatz@ea.com Please note that this new attorney should be the correspondent of record for this Application. |
| MISCELLANEOUS FILE NAME(S) | \\TICRS\EXPORT8\IMAGEOUT8 \766\105\76610513\xml1\RO A0002.JPG |
| SIGNATURE SECTION | |
| DECLARATION SIGNATURE | /Jacob Schatz/ |
| SIGNATORY NAME | Jacob Schatz |
| SIGNATORY POSITION | Senior Legal Counsel |
| SIGNATURE DATE | 10/11/2005 |
| RESPONSE SIGNATURE | /Jacob Schatz/ |
| SIGNATORY NAME | Jacob Schatz |
| SIGNATORY POSITION | Senior Legal Counsel |
| SIGNATURE DATE | 10/11/2005 |
| FILING INFORMATION SECTION | |
| SUBMIT DATE | Tue Oct 11 13:31:59 EDT 2005 |
| TEAS STAMP | USPTO/OA-XXXXXXXXXXX-2005 1011133159117130-76610513 -2001cd76487193e432fbb52a 9143cbca1-N-N-20051011112 821712319 |
| PTO Form 1957 (Rev 8/2005) |
| OMB Control #0651-0050 (Exp. 04/30/2006) |
| Application serial no. 76610513 is amended as follows: | |
| Classification and Listing of Goods/Services | |
| Applicant hereby deletes the following class of goods/services from the application. | |
| Class 042 for PRODUCTION AND RENTAL OF COMPUTER AND VIDEO GAMES SOFTWARE | |
| Applicant hereby amends the following class of goods/services in the application as follows: | |
| Current: Class 009 for COMPUTER SOFTWARE, HARDWARE AND FIRMWARE; COMPUTER PERIPHERALS; ELECTRONIC GAMES; COMPUTER GAMES; VIDEO GAMES; COMPUTER AND VIDEO GAMES SOFTWARE; COMPUTER AND VIDEO GAMES SOFTWARE DOWNLOADED VIA THE INTERNET; COMPUTER GAMES CARTRIDGES, VIDEO GAMES CARTRIDGES; VIDEOS; COMPUTER AND VIDEO GAMES APPARATUS; PARTS AND FITTINGS FOR ALL THE AFORESAID GOODS | |
| Original Filing Basis: 1(b); and/or 44(d). | |
| Proposed: Class 009 for COMPUTER GAME SOFTWARE; COMPUTER HARDWARE; EMBEDDED COMPUTER GAME SOFTWARE; COMPUTER PERIPHERALS; ELECTRONIC GAME PROGRAMS; COMPUTER GAMES DISCS; VIDEO GAMES DISCS; COMPUTER AND VIDEO GAMES SOFTWARE; COMPUTER AND VIDEO GAMES SOFTWARE DOWNLOADED VIA THE INTERNET; COMPUTER GAMES CARTRIDGES, VIDEO GAMES CARTRIDGES; VIDEOS FEATURING COMPTER AND VIDEO GAME CONTENT | |
| Section 44(d) Priority based on foreign filing: Applicant has a bona fide intention to use the mark in commerce on or in connection with the identified goods and/or services, and asserts a claim of priority based on [Other application number 3850815 filed 05/21/2004]. 15 U.S.C.Section 1126(d), as amended. | |
| Applicant hereby amends the following class of goods/services in the application as follows: | |
| Current: Class 041 for ENTERTAINMENT SERVICES; PRODUCTION AND RENTAL OF COMPUTER GAMES AND VIDEO GAMES | |
| Original Filing Basis: 1(b); and/or 44(d). | |
| Proposed: Class 041 for ENTERTAINMENT SERVICES; PRODUCTION AND RENTAL OF COMPUTER GAMES AND VIDEO GAMES; PRODUCTION AND RENTAL OF COMPUTER GAMES AND VIDEO GAMES SOFTWARE | |
| Additional Statements | |
| Applicant May Elect Basis Applicant respectfully declines to elect a single basis for its application at this time. Assignment of Application Applicant, Electronic Arts Inc., is filing this Response to the Examining Attorney's Office Action as the successor-in-title to this Application, pursuant to the Assignment from Criterion Software Limited to Electronic Arts Limited of March 23, 2005 and the Assignment from Electronic Arts Limited to Electronic Arts Inc. of June 7, 2005. Copies of both of the aforementioned assignments have been previously filed with the U.S. Patent and Trademark Office for their recordal of the same. As a result, Electronic Arts Inc. is entitled to prosecute this Application as Applicant. Revocation of Power of Attorney and Domestic Representative and Change of Correspondent Applicant hereby revokes the Power of Attorney and Domestic Representative currently of record and given to Peter D. Murray of Cooper & Dunham LLP, 1185 Avenue of the Americas, Suite 22R, New York, NY 10036-2615 and appoints the following new attorney: Jacob Schatz Electronic Arts Inc. 209 Redwood Shores Parkway Redwood City, California 94065 Phone: (650) 628-1500 Fax: (650) 628-1422 Email: jschatz@ea.com Please note that this new attorney should be the correspondent of record for this Application. | |
| Miscelleneous Statement-1 | |
| Declaration Signature |
|
| If the applicant is seeking registration under Section 1(b) and/or Section 44 of the Trademark Act, the applicant had a bona fide intention to use or use through the applicant's related company or licensee the mark in commerce on or in connection with the identified goods and/or services as of the filing date of the application. 37 C.F.R. Secs. 2.34(a)(2)(i); 2.34 (a)(3)(i); and 2.34(a)(4)(ii). If the applicant is seeking registration under Section 1(a) of the Trademark Act, the mark was in use in commerce on or in connection with the goods or services listed in the application as of the application filing date. 37 C.F.R. Secs. 2.34(a)(1)(i). 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: /Jacob Schatz/ Date: 10/11/2005 | |
| Signatory's Name: Jacob Schatz | |
| Signatory's Position: Senior Legal Counsel | |
| Response Signature | |
| Signature: /Jacob Schatz/ Date: 10/11/2005 | |
| Signatory's Name: Jacob Schatz | |
| Signatory's Position: Senior Legal Counsel | |
| Serial Number: 76610513 | |
| Internet Transmission Date: Tue Oct 11 13:31:59 EDT 2005 | |
| TEAS Stamp: USPTO/OA-XXXXXXXXXXX-2005101113315911713 0-76610513-2001cd76487193e432fbb52a9143c bca1-N-N-20051011112821712319 |
