TEAS Request Reconsideration after FOA

PTO Form (Rev 4/2000)

OMB No. 0651-.... (Exp. 08/31/2004)

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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. 77005496 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 009 for Apparatus and instruments for recording, transmission reproduction and storage of sound or images namely, television sets and television receivers, radios, pre-recorded audiocassette tapes, video tapes, DVDs, compact discs, records, CD-ROMs, and data carriers, jukeboxes, and computer memory hardware, all featuring instruction, entertainment, education and information all relating to recreational activities, news, television and radio programs, live music concerts and events, sporting competitions and events, and documentaries; Computer software enabling the user to download an audio/video stream from the Internet; Computer software for use in organization of data for music publishing; Computer software for use in accessing and organizing downloadable electronic publications provided on-line from databases or the Internet featuring instruction, entertainment, education and information relating to recreational activities, news, television and radio programs, live music concerts and events, sporting competitions and events, and documentaries; Computer software for use in downloading audio, video, still and moving images and data in compressed and uncompressed form from a computer or global communication network; Computer software for use in database management; computer mouse pads; Television and radio signal transmitters and receivers for use in recording, producing, presenting, broadcasting, transmitting, receiving, processing, reproducing, encoding and decoding of radio and television programs, information data, audio/video streaming via Internet; covers not made from paper for mobile telephones
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 009 for Apparatus and instruments for recording, transmission reproduction and storage of sound or images namely, television sets and television receivers, radios, jukeboxes, and computer memory hardware; Pre-recorded audiocassette tapes, video tapes, DVDs, compact discs, records, CD-ROMs, and data carriers in the field of recreational activities, news, television and radio programs, live music concerts and events, sporting competitions and events, and documentaries; Pre-recorded audiocassette tapes, video tapes, DVDs, compact discs, records, CD-ROMs, and data carriers featuring instruction on recreational activities, news, television and radio programs, live music concerts and events, sporting competitions and events, and documentaries; computer software enabling the user to download an audio/video stream from the Internet; Computer software for use in organization of data for music publishing; Computer software for use in accessing and organizing downloadable electronic publications provided on-line from databases or the Internet featuring instruction, entertainment, education and information relating to recreational activities, news, television and radio programs, live music concerts and events, sporting competitions and events, and documentaries; Computer software for use in downloading audio, video, still and moving images and data in compressed and uncompressed form from a computer or global communication network; Computer software for use in database management; computer mouse pads; Television and radio signal transmitters and receivers for use in recording, producing, presenting, broadcasting, transmitting, receiving, processing, reproducing, encoding and decoding of radio and television programs, information data, audio/video streaming via Internet; covers not made from paper for mobile telephones
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)).

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 041 for News and entertainment services, namely, a continuing information and educational program about self-awareness, personal growth, life decisions, social events, entertainment, art, culture, current events, politics, economics, weather, and sports, accessible by cable television, Internet, and broadcast television and radio; Motion picture film production; Television and radio program production; Distribution of radio and television programs for others and distribution via Internet; On line publishing of books and magazines featuring educational and entertainment services; on-line production of audio and video cassettes featuring education and entertainment services; Entertainment and educational services, namely, conducting courses, seminars, shows, and competitions relating to the production of news, television and radio programs, live music concerts and associated events, sporting competitions and associated events, politics, economics, weather, and documentaries relating thereto; Entertainment services, namely, organizing exhibitions, competitions, games, sporting events, shows, live music concerts, live theatrical performances, and audience participation events, all featuring instruction, entertainment, education and information relating to recreational activities, namely, music, drama, film, cultural events, news, television and radio programs, sports competitions and events, and documentaries
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 041 for News and entertainment services, namely, a continuing information and educational program about self-awareness, personal growth, life decisions, social events, entertainment, art, culture, current events, politics, economics, weather, and sports, accessible by cable television, Internet, and broadcast television and radio; Motion picture film production; Television and radio program production; Distribution of radio and television programs for others and distribution via Internet; On line publishing of books and magazines featuring educational and entertainment services; on-line production of audio and video cassettes featuring education and entertainment services; Entertainment services, namely, live music concerts and live theatrical performances; arranging of exhibitions featuring instruction, entertainment, education and information relating to recreational activities, namely, music, drama, film, cultural events, news, television and radio programs, sports competitions and events, and documentaries
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)).

ADDITIONAL STATEMENTS
Based on USPTO office actions and file history in connection with prosecution of this trademark application, we note that the Examining Attorney's search of office records did not reveal any pending application or registration that would bar registration of the subject mark. However, to minimize and eliminate any subsequent cite to a previously registered mark, W RADIO, US Trademark Registration No. 2,972,316 ("316 Registration"), the Applicant, SISTEMA RADIOPOLIS, S.A DE C.V., has filed its valid and existing trademark assignment for the entire interest and good will associated with the '316 Registration with the Assignment Services Division of the USPTO.
Original PDF file:
M-20825590221-145326913_._WRADIOAssignment.pdf
Converted PDF file(s) (3 pages)
Miscellaneous File1
Miscellaneous File2
Miscellaneous File3

SIGNATURE(S)
Request for Reconsideration Signature
Signature: /Susan M. Freedman/     Date: 03/05/2008
Signatory's Name: Susan M. Freedman
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: 77005496
Internet Transmission Date: Wed Mar 05 15:02:50 EST 2008
TEAS Stamp: USPTO/RFR-XXX.XXX.XX.XXX-200803051502504
49336-77005496-420b6524f7fb3547bacb50743
e33fd5ce-N/A-N/A-20080305145326913512