PTO Form 1957 (Rev 9/2005) |
OMB No. 0651-0050 (Exp. 04/2009) |
Response to Office Action
The table below presents the data as entered.
Input Field
|
Entered
|
SERIAL NUMBER |
77002406 |
LAW OFFICE ASSIGNED |
LAW OFFICE 113 |
MARK SECTION (no change) |
GOODS AND/OR SERVICES SECTION (current) |
INTERNATIONAL CLASS |
036 |
DESCRIPTION |
Wireless telephone payment services, namely, wireless mobile telephone rate plans |
FILING BASIS |
Section 1(a) |
FIRST USE ANYWHERE DATE |
At least as early as 09/01/2006 |
FIRST USE IN COMMERCE DATE |
At least as early as 09/11/2006 |
GOODS AND/OR SERVICES SECTION (proposed) |
INTERNATIONAL CLASS |
036 |
DESCRIPTION |
Wireless telephone payment services, namely, wireless mobile telephone rate plans |
FILING BASIS |
Section 1(b) |
SIGNATURE SECTION |
DECLARATION SIGNATURE |
/Howard R. Fine/ |
SIGNATORY'S NAME |
Howard R. Fine |
SIGNATORY'S POSITION |
Attorney of record |
DATE SIGNED |
02/27/2007 |
RESPONSE SIGNATURE |
/Howard R. Fine/ |
SIGNATORY'S NAME |
Howard R. Fine |
SIGNATORY'S POSITION |
Attorney of record |
DATE SIGNED |
02/27/2007 |
AUTHORIZED SIGNATORY |
YES |
FILING INFORMATION SECTION |
SUBMIT DATE |
Tue Feb 27 16:50:04 EST 2007 |
TEAS STAMP |
USPTO/ROA-XX.XXX.XX.XX-20
070227165004277369-770024
06-3601933c3a5a14d1019148
bab6d376df0ae-N/A-N/A-200
70227163148192502 |
PTO Form 1957 (Rev 9/2005) |
OMB No. 0651-0050 (Exp. 04/2009) |
Response to Office Action
To the Commissioner for Trademarks:
Application serial no.
77002406 has been 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 036 for Wireless telephone payment services, namely, wireless mobile telephone rate plans
Original Filing Basis: 1(a).
Proposed: Class 036 for Wireless telephone payment services, namely, wireless mobile telephone rate plans
Filing Basis: 1(b).
Deleted Filing Basis: 1(a)
New/Additional Basis:
Section 1(b), 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)).
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: /Howard R. Fine/ Date: 02/27/2007
Signatory's Name: Howard R. Fine
Signatory's Position: Attorney of record
Response Signature
Signature: /Howard R. Fine/ Date: 02/27/2007
Signatory's Name: Howard R. Fine
Signatory's Position: Attorney of record
Serial Number: 77002406
Internet Transmission Date: Tue Feb 27 16:50:04 EST 2007
TEAS Stamp: USPTO/ROA-XX.XXX.XX.XX-20070227165004277
369-77002406-3601933c3a5a14d1019148bab6d
376df0ae-N/A-N/A-20070227163148192502