TEAS Request Reconsideration after FOA

BABYCENTER

EVERYDAY HEALTH INC.

TEAS Request Reconsideration after FOA

PTO Form (Rev 4/2000)
OMB No. 0651-.... (Exp. 08/31/2004)

Request for Reconsideration after Final Action


The table below presents the data as entered.

Input Field
Entered
SERIAL NUMBER 76668920
LAW OFFICE ASSIGNED LAW OFFICE 110
MARK SECTION (no change)
GOODS AND/OR SERVICES SECTION (009)(no change)
GOODS AND/OR SERVICES SECTION (016)(no change)
GOODS AND/OR SERVICES SECTION (035)(no change)
GOODS AND/OR SERVICES SECTION (038)(current)
INTERNATIONAL CLASS 038
DESCRIPTION
Telecommunications namely, hand-held devices for the transmission of voice, data, images, audio, video and information via telephone and global computer networks; providing on-line electronic bulletin boards for transmission of messages among computer users concerning various health, preconception, pregnancy, parenting and child care topics; audio broadcasting services and provision of telecommunication access to video and audio content provided via podcasts, network television, cable television and broadband service via the Internet; providing e-mail services for the purpose of sharing health, preconception, pregnancy, parenting and childcare information
FILING BASIS Section 1(b)
GOODS AND/OR SERVICES SECTION (038)(proposed)
INTERNATIONAL CLASS 038
DESCRIPTION
providing on-line electronic bulletin boards for transmission of messages among computer users concerning various health, preconception, pregnancy, parenting and child care topics; audio broadcasting services and provision of telecommunication access to video and audio content provided via podcasts, network television, cable television and broadband service via the Internet; providing e-mail services for the purpose of sharing health, preconception, pregnancy, parenting and childcare information
FILING BASIS Section 1(b)
SIGNATURE SECTION
DECLARATION SIGNATURE The filing Attorney has elected not to submit the signed declaration, believing no supporting declaration is required under the Trademark Rules of Practice.
RESPONSE SIGNATURE /lsrjnj/
SIGNATORY'S NAME Laurence S. Rickles
SIGNATORY'S POSITION Attorney of Record
DATE SIGNED 01/11/2008
AUTHORIZED SIGNATORY YES
CONCURRENT APPEAL NOTICE FILED NO
FILING INFORMATION SECTION
SUBMIT DATE Fri Jan 11 15:43:24 EST 2008
TEAS STAMP USPTO/RFR-XXX.XXX.X.XXX-2
0080111154324081473-76668
920-410b3d8f47526c4becd76
5cae21a2afee-N/A-N/A-2008
0111140957708746



PTO Form (Rev 4/2000)
OMB No. 0651-.... (Exp. 08/31/2004)

Request for Reconsideration after Final Action


To the Commissioner for Trademarks:

Application serial no. 76668920 has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 038 for Telecommunications namely, hand-held devices for the transmission of voice, data, images, audio, video and information via telephone and global computer networks; providing on-line electronic bulletin boards for transmission of messages among computer users concerning various health, preconception, pregnancy, parenting and child care topics; audio broadcasting services and provision of telecommunication access to video and audio content provided via podcasts, network television, cable television and broadband service via the Internet; providing e-mail services for the purpose of sharing health, preconception, pregnancy, parenting and childcare information
Original Filing Basis:
Filing Basis: Section 1(b), Intent to Use: The applicant has 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. (15 U.S.C. Section 1051(b)).

Proposed: Class 038 for providing on-line electronic bulletin boards for transmission of messages among computer users concerning various health, preconception, pregnancy, parenting and child care topics; audio broadcasting services and provision of telecommunication access to video and audio content provided via podcasts, network television, cable television and broadband service via the Internet; providing e-mail services for the purpose of sharing health, preconception, pregnancy, parenting and childcare information
Filing Basis: Section 1(b), Intent to Use: The applicant has 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. (15 U.S.C. Section 1051(b)).

SIGNATURE(S)
Declaration Signature
I hereby elect to bypass the submission of a signed declaration, because I believe a declaration is not required by the rules of practice. I understand that the examining attorney could still, upon later review, require a signed declaration.
Request for Reconsideration Signature
Signature: /lsrjnj/     Date: 01/11/2008
Signatory's Name: Laurence S. Rickles
Signatory's Position: Attorney of Record

The signatory has confirmed that he/she is an attorney who is a member in good standing of the bar of the highest court of a U.S. state, which includes the District of Columbia, Puerto Rico, and other federal territories and possessions; and he/she is currently the applicant's attorney or an associate thereof; and to the best of his/her knowledge, if prior to his/her appointment another U.S. attorney or a Canadian attorney/agent not currently associated with his/her company/firm previously represented the applicant in this matter: (1) the applicant has filed or is concurrently filing a signed revocation of or substitute power of attorney with the USPTO; (2) the USPTO has granted the request of the prior representative to withdraw; (3) the applicant has filed a power of attorney appointing him/her in this matter; or (4) the applicant's appointed U.S. attorney or Canadian attorney/agent has filed a power of attorney appointing him/her as an associate attorney in this matter.

The applicant is not filing a Notice of Appeal in conjunction with this Request for Reconsideration.

        
Serial Number: 76668920
Internet Transmission Date: Fri Jan 11 15:43:24 EST 2008
TEAS Stamp: USPTO/RFR-XXX.XXX.X.XXX-2008011115432408
1473-76668920-410b3d8f47526c4becd765cae2
1a2afee-N/A-N/A-20080111140957708746



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