Response to Office Action

WEHOW

Demand Media, Inc.

Response to Office Action

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 77007852
LAW OFFICE ASSIGNED LAW OFFICE 112
MARK SECTION (no change)
GOODS AND/OR SERVICES SECTION (009)(current)
INTERNATIONAL CLASS 009
DESCRIPTION
Prerecorded computer discs, compact discs, video tapes and digitized video disks, audio tapes, electronic and magnetic computer-readable formats (namely, CD-ROMS disks, flash memory cards and semiconductor chips, optically readable disks, video games cartridges and other physical media for storing digital information) featuring practical information on a wide variety of subject matters; downloadable video recordings featuring practical information on a wide variety of subject matters; downloadable instruction materials on a wide variety of subjects
FILING BASIS Section 1(b)
GOODS AND/OR SERVICES SECTION (009)(proposed)
INTERNATIONAL CLASS 009
DESCRIPTION
Prerecorded computer discs, compact discs, video tapes and digitized video disks, audio tapes, electronic and magnetic computer-readable formats, namely, CD-ROMS disks, flash memory cards and semiconductor chips, optically readable disks, video games cartridges featuring practical information on a wide variety of subject matters; downloadable video recordings featuring practical information on a wide variety of subject matters; downloadable instruction materials on a wide variety of subjects; search engine software
FILING BASIS Section 1(b)
GOODS AND/OR SERVICES SECTION (016)(current)
INTERNATIONAL CLASS 016
DESCRIPTION
Printed reference material relating to advice, instruction and other tips and helpful information provided to assist individuals in accomplishing a variety of practical tasks; books, pamphlets, newspapers, brochures, magazines, flyers, printed reference material, printed guides, booklets, instruction manuals and other printed material including inserts to the aforementioned printed material, all providing information on a wide variety of practical subjects; printed reference, instructional and information material in printed form relating to a wide range of general topics
FILING BASIS Section 1(b)
GOODS AND/OR SERVICES SECTION (016)(proposed)
INTERNATIONAL CLASS 016
DESCRIPTION
Printed reference material, relating to advice, instruction and other tips and helpful information provided to assist individuals in accomplishing a variety of practical tasks, namely, books, pamphlets, newspapers, brochures, magazines, flyers, printed guides, booklets, instruction manuals, newsletters and news bulletins; printed reference material, namely, books, pamphlets, newspapers, brochures, magazines, flyers, printed guides, booklets, instruction manuals, newsletters and news bulletins and inserts to the aforementioned printed material, all providing information on a wide variety of practical subjects; printed reference, instructional and information material in printed form, namely, books, pamphlets, newspapers, brochures, magazines, flyers, printed guides, booklets, instruction manuals, newsletters and news bulletins relating to a wide range of general topics
FILING BASIS Section 1(b)
GOODS AND/OR SERVICES SECTION (035)(current)
INTERNATIONAL CLASS 035
DESCRIPTION
Providing information regarding the goods and services of others by means of a global computer network; providing on-line advertising services of goods and services of others, namely providing advertising space on a global computer network for manufacturers, vendors and retailers; promoting and facilitating the sale of the goods and services of others by providing an interactive computer site for the sale of a wide variety of business goods and services; computerized on-line ordering services in the field of general merchandise for practical home and business needs
FILING BASIS Section 1(b)
GOODS AND/OR SERVICES SECTION (035)(proposed)
INTERNATIONAL CLASS 035
DESCRIPTION
Providing information regarding the goods and services of others by means of a global computer network; providing on-line advertising services of goods and services of others, namely providing advertising space on a global computer network for manufacturers, vendors and retailers; business services, namely, providing computer databases regarding the purchase and sale of a wide variety of products and services of others; computerized on-line ordering services in the field of general merchandise for practical home and business needs
FILING BASIS Section 1(b)
GOODS AND/OR SERVICES SECTION (038)(no change)
GOODS AND/OR SERVICES SECTION (041)(current)
INTERNATIONAL CLASS 041
DESCRIPTION
Instructional services featuring practical information on a wide range of subjects provided in printed form; instructional or informational services, namely providing practical information through local or global communication networks, wireless networks, telephone lines, satellite, cable television and radio transmission
FILING BASIS Section 1(b)
GOODS AND/OR SERVICES SECTION (041)(proposed)
INTERNATIONAL CLASS 041
DESCRIPTION
Instructional services featuring practical information on a wide range of subjects provided in printed form on web pages; instructional services, namely providing practical information at the specific request of end users through local or global communication networks, wireless networks, telephone lines, satellite, cable television and radio transmission
FILING BASIS Section 1(b)
GOODS AND/OR SERVICES SECTION (042)(current)
INTERNATIONAL CLASS 042
DESCRIPTION
Providing an on-line database containing protocols for performing activities relating to a wide range of subjects; computer services, namely, providing concise practical advice and information to consumers and world wide web users concerning a wide variety of every day situations and problems, by means of a global computer network
FILING BASIS Section 1(b)
GOODS AND/OR SERVICES SECTION (042)(proposed)
INTERNATIONAL CLASS 042
DESCRIPTION
Providing an on-line database containing protocols for performing activities relating to a wide range of subjects; computer services, namely, providing concise practical advice and information to consumers and world wide web users concerning a wide variety of every day situations and problems, by means of a global computer network; computer services, namely, providing search engines for obtaining data on a global computer network; informational services, namely, providing practical information at the specific request of end users through local or global communication networks, wireless networks, telephone lines, satellite, cable television and radio transmission
FILING BASIS Section 1(b)
ADDITIONAL STATEMENTS SECTION
MISCELLANEOUS STATEMENT Applicant refers to the telephone discussion between the Examining Attorney and the undersigned on March 7, 2007 in which Applicant explained that its goods and services cover a breadth of subject matter that is difficult to limit and the Examining Attorney agreed to accept the broad language "wide variety of subject matter" used in the identification of goods and recitation of services. Applicant thanks the Examining Attorney for her assistance in this regard. All outstanding issues having been addressed, Applicant requests entry of the above amendments and an early Notice of Publication.
CORRESPONDENCE SECTION
NAME Laura J. Winston, Esq.
CONFIRM NAME Darby & Darby P.C.
STREET P.O. Box 770
CITY New York
STATE New York
ZIP/POSTAL CODE 10008-0770
COUNTRY United States
PHONE 212-527-7700
FAX 212-527-7701
EMAIL TMDocket@darbylaw.com
AUTHORIZED TO COMMUNICATE VIA E-MAIL Yes
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 /Laura J. Winston/
SIGNATORY'S NAME Laura J. Winston
SIGNATORY'S POSITION Attorney of record
DATE SIGNED 06/07/2007
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Thu Jun 07 14:29:54 EDT 2007
TEAS STAMP USPTO/ROA-XXX.XXX.XXX.XXX
-20070607142954791958-770
07852-3704a5fb6ea57fdd65b
7556c020d86adae0-N/A-N/A-
20070607141553605533



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. 77007852 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 009 for Prerecorded computer discs, compact discs, video tapes and digitized video disks, audio tapes, electronic and magnetic computer-readable formats (namely, CD-ROMS disks, flash memory cards and semiconductor chips, optically readable disks, video games cartridges and other physical media for storing digital information) featuring practical information on a wide variety of subject matters; downloadable video recordings featuring practical information on a wide variety of subject matters; downloadable instruction materials on a wide variety of subjects
Original Filing Basis: 1(b).
Proposed: Class 009 for Prerecorded computer discs, compact discs, video tapes and digitized video disks, audio tapes, electronic and magnetic computer-readable formats, namely, CD-ROMS disks, flash memory cards and semiconductor chips, optically readable disks, video games cartridges featuring practical information on a wide variety of subject matters; downloadable video recordings featuring practical information on a wide variety of subject matters; downloadable instruction materials on a wide variety of subjects; search engine software
Filing Basis: 1(b).
Applicant hereby amends the following class of goods/services in the application as follows:
Current: Class 016 for Printed reference material relating to advice, instruction and other tips and helpful information provided to assist individuals in accomplishing a variety of practical tasks; books, pamphlets, newspapers, brochures, magazines, flyers, printed reference material, printed guides, booklets, instruction manuals and other printed material including inserts to the aforementioned printed material, all providing information on a wide variety of practical subjects; printed reference, instructional and information material in printed form relating to a wide range of general topics
Original Filing Basis: 1(b).
Proposed: Class 016 for Printed reference material, relating to advice, instruction and other tips and helpful information provided to assist individuals in accomplishing a variety of practical tasks, namely, books, pamphlets, newspapers, brochures, magazines, flyers, printed guides, booklets, instruction manuals, newsletters and news bulletins; printed reference material, namely, books, pamphlets, newspapers, brochures, magazines, flyers, printed guides, booklets, instruction manuals, newsletters and news bulletins and inserts to the aforementioned printed material, all providing information on a wide variety of practical subjects; printed reference, instructional and information material in printed form, namely, books, pamphlets, newspapers, brochures, magazines, flyers, printed guides, booklets, instruction manuals, newsletters and news bulletins relating to a wide range of general topics
Filing Basis: 1(b).
Applicant hereby amends the following class of goods/services in the application as follows:
Current: Class 035 for Providing information regarding the goods and services of others by means of a global computer network; providing on-line advertising services of goods and services of others, namely providing advertising space on a global computer network for manufacturers, vendors and retailers; promoting and facilitating the sale of the goods and services of others by providing an interactive computer site for the sale of a wide variety of business goods and services; computerized on-line ordering services in the field of general merchandise for practical home and business needs
Original Filing Basis: 1(b).
Proposed: Class 035 for Providing information regarding the goods and services of others by means of a global computer network; providing on-line advertising services of goods and services of others, namely providing advertising space on a global computer network for manufacturers, vendors and retailers; business services, namely, providing computer databases regarding the purchase and sale of a wide variety of products and services of others; computerized on-line ordering services in the field of general merchandise for practical home and business needs
Filing Basis: 1(b).
Applicant hereby amends the following class of goods/services in the application as follows:
Current: Class 041 for Instructional services featuring practical information on a wide range of subjects provided in printed form; instructional or informational services, namely providing practical information through local or global communication networks, wireless networks, telephone lines, satellite, cable television and radio transmission
Original Filing Basis: 1(b).
Proposed: Class 041 for Instructional services featuring practical information on a wide range of subjects provided in printed form on web pages; instructional services, namely providing practical information at the specific request of end users through local or global communication networks, wireless networks, telephone lines, satellite, cable television and radio transmission
Filing Basis: 1(b).
Applicant hereby amends the following class of goods/services in the application as follows:
Current: Class 042 for Providing an on-line database containing protocols for performing activities relating to a wide range of subjects; computer services, namely, providing concise practical advice and information to consumers and world wide web users concerning a wide variety of every day situations and problems, by means of a global computer network
Original Filing Basis: 1(b).
Proposed: Class 042 for Providing an on-line database containing protocols for performing activities relating to a wide range of subjects; computer services, namely, providing concise practical advice and information to consumers and world wide web users concerning a wide variety of every day situations and problems, by means of a global computer network; computer services, namely, providing search engines for obtaining data on a global computer network; informational services, namely, providing practical information at the specific request of end users through local or global communication networks, wireless networks, telephone lines, satellite, cable television and radio transmission
Filing Basis: 1(b).
Correspondence Address Change
Applicant proposes to amend the following:
Original: JONATHAN MATKOWSKY, JOHN BRANCH, ANDREW DARBY & DARBY P.C. PO BOX 5257 NEW YORK, NY 10150-5257
Proposed: Laura J. Winston, Esq. of Darby & Darby P.C., having an address of Church Street Station P.O. Box 770 New York, New York United States 10008-0770, whose e-mail address is TMDocket@darbylaw.com, whose phone number is 212-527-7700 and whose fax number is 212-527-7701.
Additional Statements

Applicant refers to the telephone discussion between the Examining Attorney and the undersigned on March 7, 2007 in which Applicant explained that its goods and services cover a breadth of subject matter that is difficult to limit and the Examining Attorney agreed to accept the broad language "wide variety of subject matter" used in the identification of goods and recitation of services. Applicant thanks the Examining Attorney for her assistance in this regard. All outstanding issues having been addressed, Applicant requests entry of the above amendments and an early Notice of Publication.

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.
Response Signature
Signature: /Laura J. Winston/     Date: 06/07/2007
Signatory's Name: Laura J. Winston
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.
Mailing Address:    Laura J. Winston, Esq.
   Darby & Darby P.C.
   Church Street Station
   P.O. Box 770
   New York, New York 10008-0770
        
Serial Number: 77007852
Internet Transmission Date: Thu Jun 07 14:29:54 EDT 2007
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.XXX-20070607142954
791958-77007852-3704a5fb6ea57fdd65b7556c
020d86adae0-N/A-N/A-20070607141553605533



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