| PTO Form 1966 (Rev 5/2006) |
| OMB No. 0651-0050 (Exp. 04/2009) |
| Input Field |
Entered |
| SERIAL NUMBER | 77011251 |
| MARK SECTION (no change) | |
| OWNER SECTION (current) | |
| NAME | Mitchell L. Donnell |
| STREET | P.O. Box 93343 |
| CITY | Cleveland |
| STATE | OH |
| ZIP/POSTAL CODE | 44101 |
| COUNTRY | US |
| PHONE | 8002069624 |
| OWNER SECTION (proposed) | |
| NAME | Myspace Mobile Inc. |
| STREET | P.O. Box 93343 |
| CITY | Cleveland |
| STATE | Ohio |
| ZIP/POSTAL CODE | 44101 |
| COUNTRY | United States |
| PHONE | 8002069624 |
| XXXX | |
| LEGAL ENTITY SECTION (current) | |
| TYPE | INDIVIDUAL |
| COUNTRY OF CITIZENSHIP | US |
| LEGAL ENTITY SECTION (proposed) | |
| TYPE | CORPORATION |
| STATE/COUNTRY OF INCORPORATION | Ohio |
| GOODS AND/OR SERVICES SECTION (current) | |
| INTERNATIONAL CLASS | 009 |
| DESCRIPTION | |
| ng music, entertainment, and games; music-composition software; handheld computers, laptop computers, notebook computers, magnets; decorative magnets; refrigerator magnets; novelty magnets; protective eyewear; sunglasses; eyeglasses; eyeglass frames; opera glasses; spectacles; eyeglass, sunglass and spectacle cases; eyeglass, sunglass and spectacle straps; eyeglass, sunglass and spectacle chains; mouse pads; compact disc cases; fitted cases for storage and transportation, namely, cases for compact discs, audio cassettes, video cassettes, CD-ROMs, home video games, home video game accessories, computers, computer accessories, cameras, camcorders, phones, personal digital assistants, two-way pagers, mobile devices, and radios; computer carrying cases; wrist rests and supports for computer mouse users; wrist rests for computers and computer accessories; computer keyboard wrist pads; binoculars; ear plugs; telephones, cellular telephones, pagers, car kits for the adaptation of portable communication apparatus and instruments for vehicular use, principally composed of mount, cradle, headset, audio speakers, microphones, extension cords, power cables, external antenna connectors, battery, battery charger and carrying case marketed as a unit; electronic handheld units for the wireless receipt and transmission of data that enable the user to keep track of or manage personal information; software for the redirection of messages, global computer network e-mail, and other data to one or more electronic handheld units from a data store on or associated with a personal computer or a server; software for the synchronization of data between a remote station or unit and a fixed or remote station or unit; electronic organizers; personal digital assistants; handheld computers and organizers in the nature of a handheld computing device and a cradle which allows the exchange of information between the handheld computing device and a desktop carrying cases for the foregoing goods and replacement parts for the foregoing goods; instruction manuals distributed with the foregoing; prepaid magnetically encoded telephone calling cards, prepaid cellular telephones used in connection with prepaid airtime cellular telephone communication services; magnetically encoded credit cards; magnetically encoded debit cards; cellular phones and magnetically encoded debit cards sold together as a unit; data processors and user input and output devices; computers; computer software with a security function for PC and network security; Photographic cameras; Computer software for use in providing secure and non secure communication over wireless local area networks, Local Area Networks, Wide Area Networks, peer group networks and other computer networks; Trading cards in the form of CD's; Computer software used to allow non-network users to interconnect with other users via telephonic modem hook-up to play multi-player computer software games; downloadable ring tones, graphics, music, mobile music files, video clips, images, network and non-network multi-media mobile messaging, mobile promotional content, mobile information and entertainment,and games via a global computer network and wireless devices; pre-recorded audiotapes, videotapes, compact discs, DVDs and multimedia software recorded on CD-ROM featuring content from or relating to applicant's television series | |
| FILING BASIS | Section 1(a) |
| FIRST USE ANYWHERE DATE | At least as early as 07/04/1997 |
| FIRST USE IN COMMERCE DATE | At least as early as 07/04/1997 |
| GOODS AND/OR SERVICES SECTION (proposed) | |
| INTERNATIONAL CLASS | 009 |
| DESCRIPTION | |
| Multimedia software recorded on CD-ROM featuring interactive multimedia computer game programs; interactive video game programs; interactive audio game discs containing action games and role playing games; sound and video recordings featuring music, adventure, romance, drama, comedy, educational documentaries and sports; namely, phonograph records, pre-recorded audio tapes, compact discs, videotapes, videocassettes, digital audio tapes, compact disc videos, laser discs and motion picture films featuring music, adventure, romance, drama, comedy, educational documentaries and sports; Audio recordings featuring music; Video recordings featuring music; Downloadable audio and video recordings; Prerecorded music on CD, DVD and other media; Musical sound recordings; audio-visual recordings, namely, compact discs, tape cassettes, audio cassettes, audio tapes, audio discs, phonograph records, CD-ROMs, video tapes, video cassettes, video discs, DVDs, DATs, MP3s, and laser discs, all featuring music, entertainment, television and motion picture films and sound tracks, documentaries and reality shows; Software to enable uploading, posting, showing, displaying, tagging, blogging, sharing or otherwise providing electronic media or information over the Internet or other communications network; downloadable musical sound recordings; downloadable ringtones and graphics, entertainment, television, film, animation, the arts, comedy, drama, news, fashion, lifestyles, culture, sports, politics, electronics, and telecommunications; downloadable electronic publications in the nature of books, booklets, magazines, journals, manuals, brochures, leaflets, pamphlets and newsletters, all in the field of music, entertainment, television, film, animation, the arts, comedy, drama, news, fashion, lifestyles, culture, sports, politics, electronics, telecommunications, and biographies of and narrations by musicians, comedians, athletes, television and movie stars, radio personalities, and celebrities; electronic publications, namely, books, booklets, magazines, journals, manuals, brochures, leaflets, pamphlets and newsletters, all in the field of music, entertainment, television, film, animation, the arts, comedy, drama, news, fashion, lifestyles, culture, sports, politics, electronics, telecommunications, and biographies of and narrations by musicians, comedians, athletes, television and movie stars, radio personalities, and celebrities, recorded on CD-ROMs, diskettes, floppy disks, video cassettes, and magnetic tapes; downloadable ring tones, graphics and music via a global computer network and wireless devices; jackets for video cassettes, tapes, and discs; computer game cartridges, discs, cassettes, tapes, joysticks, programs and software; hand held joy stick units for playing video games; video game cartridges, video game discs, and video game tape cassettes. video game software, video game programs, and, video game joysticks; video magazine featuring music, entertainment, news, computer games and sports; computer programs for editing images, sound and video; computer programs for pre-recorded games; electronic game programs; computerized video table games for gaming purposes; interactive video games of virtual reality comprised of computer hardware and software; virtual reality game software; video game machines and video output game machines for use with televisions; video tapes and video disks recorded with animation; gaming equipment, namely, slot machines with or without video output; computer software for communicating with users of hand-held computers; computer software to enable the transmission of photographs to mobile telephones; computer software for wireless content delivery; computer software to enhance the audio-visual capabilities of multimedia applications, namely, for the integration of text, audio, graphics, still images and moving pictures; software for processing images, graphics and text; multi-media software recorded on CD-ROM featuring music, entertainment, and games; music-composition software; handheld computers, laptop computers, notebook computers, magnets; decorative magnets; refrigerator magnets; novelty magnets; protective eyewear; sunglasses; eyeglasses; eyeglass frames; opera glasses; spectacles; eyeglass, sunglass and spectacle cases; eyeglass, sunglass and spectacle straps; eyeglass, sunglass and spectacle chains; mouse pads; compact disc cases. fitted cases for storage and transportation, namely, cases for compact discs, audio cassettes, video cassettes, CD-ROMs, home video games, home video game accessories, computers, computer accessories, cameras, camcorders, phones, personal digital assistants, two-way pagers, mobile devices, and radios; computer carrying cases; wrist rests and supports for computer mouse users; wrist rests for computers and computer accessories; computer keyboard wrist pads; binoculars; ear plugs; telephones, cellular telephones, pagers, car kits for the adaptation of portable communication apparatus and instruments for vehicular use, principally composed of mount, cradle, headset, audio speakers, microphones, extension cords, power cables, external antenna connectors, battery, battery charger and carrying case marketed as a unit; electronic handheld units for the wireless receipt and transmission of data that enable the user to keep track of or manage personal information; software for the redirection of messages, global computer network e-mail, and other data to one or more electronic handheld units from a data store on or associated with a personal computer or a server; software for the synchronization of data between a remote station or unit and a fixed or remote station or unit; electronic organizers; personal digital assistants; handheld computers and organizers in the nature of a handheld computing device and a cradle which allows the exchange of information between the handheld computing device and a desktop carrying cases for the foregoing goods and replacement parts for the foregoing goods; instruction manuals distributed with the foregoing; prepaid magnetically encoded telephone calling cards, prepaid cellular telephones used in connection with prepaid airtime cellular telephone communication services; magnetically encoded credit cards; magnetically encoded debit cards; cellular phones and magnetically encoded debit cards sold together as a unit; data processors and user input and output devices; computers; computer software with a security function for PC and network security; Photographic cameras; Computer software for use in providing secure and non secure communication over wireless local area networks, Local Area Networks, Wide Area Networks, peer group networks and other computer networks; Trading cards in the form of CD's; Computer software used to allow non-network users to interconnect with other users via telephonic modem hook-up to play multi-player computer software games; downloadable ring tones, graphics, music, mobile music files, video clips, images, network and non-network multi-media mobile messaging, mobile promotional content, mobile information and entertainment,and games via a global computer network and wireless devices; pre-recorded audiotapes, videotapes, compact discs, DVDs and multimedia software recorded on CD-ROM featuring content from or relating to applicant's television series | |
| FILING BASIS | Section 1(a) |
| FIRST USE ANYWHERE DATE | At least as early as 07/04/1997 |
| FIRST USE IN COMMERCE DATE | At least as early as 07/04/1997 |
| STATEMENT TYPE | The substitute specimen(s) was in use in commerce as of the filing date of the application. |
| SPECIMEN FILE NAME(S) | \\TICRS\EXPORT3\IMAGEOUT3 \770\112\77011251\xml3\PR A0002.JPG |
| SPECIMEN DESCRIPTION | products in promotion |
| SIGNATURE SECTION | |
| SIGNATURE | /DMitchell/ |
| SIGNATORY NAME | /dmitchell/ |
| SIGNATORY POSITION | pres |
| DATE SIGNED | 10/07/2006 |
| SIGNATURE | /DMitchell/ |
| SIGNATORY NAME | /donnellmitchell/ |
| SIGNATORY POSITION | Pres |
| DATE SIGNED | 10/07/2006 |
| FILING INFORMATION SECTION | |
| SUBMIT DATE | Sat Oct 07 18:18:45 EDT 2006 |
| TEAS STAMP | USPTO/PA-XXXXXXXXXXX-2006 1007181845304007-77011251 -200a327b9ee8e682fef90dd5 222d799c5d-N-N-2006100718 1827011019 |
| PTO Form 1966 (Rev 5/2006) |
| OMB No. 0651-0050 (Exp. 04/2009) |
| Application serial no. 77011251 is 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 ng music, entertainment, and games; music-composition software; handheld computers, laptop computers, notebook computers, magnets; decorative magnets; refrigerator magnets; novelty magnets; protective eyewear; sunglasses; eyeglasses; eyeglass frames; opera glasses; spectacles; eyeglass, sunglass and spectacle cases; eyeglass, sunglass and spectacle straps; eyeglass, sunglass and spectacle chains; mouse pads; compact disc cases; fitted cases for storage and transportation, namely, cases for compact discs, audio cassettes, video cassettes, CD-ROMs, home video games, home video game accessories, computers, computer accessories, cameras, camcorders, phones, personal digital assistants, two-way pagers, mobile devices, and radios; computer carrying cases; wrist rests and supports for computer mouse users; wrist rests for computers and computer accessories; computer keyboard wrist pads; binoculars; ear plugs; telephones, cellular telephones, pagers, car kits for the adaptation of portable communication apparatus and instruments for vehicular use, principally composed of mount, cradle, headset, audio speakers, microphones, extension cords, power cables, external antenna connectors, battery, battery charger and carrying case marketed as a unit; electronic handheld units for the wireless receipt and transmission of data that enable the user to keep track of or manage personal information; software for the redirection of messages, global computer network e-mail, and other data to one or more electronic handheld units from a data store on or associated with a personal computer or a server; software for the synchronization of data between a remote station or unit and a fixed or remote station or unit; electronic organizers; personal digital assistants; handheld computers and organizers in the nature of a handheld computing device and a cradle which allows the exchange of information between the handheld computing device and a desktop carrying cases for the foregoing goods and replacement parts for the foregoing goods; instruction manuals distributed with the foregoing; prepaid magnetically encoded telephone calling cards, prepaid cellular telephones used in connection with prepaid airtime cellular telephone communication services; magnetically encoded credit cards; magnetically encoded debit cards; cellular phones and magnetically encoded debit cards sold together as a unit; data processors and user input and output devices; computers; computer software with a security function for PC and network security; Photographic cameras; Computer software for use in providing secure and non secure communication over wireless local area networks, Local Area Networks, Wide Area Networks, peer group networks and other computer networks; Trading cards in the form of CD's; Computer software used to allow non-network users to interconnect with other users via telephonic modem hook-up to play multi-player computer software games; downloadable ring tones, graphics, music, mobile music files, video clips, images, network and non-network multi-media mobile messaging, mobile promotional content, mobile information and entertainment,and games via a global computer network and wireless devices; pre-recorded audiotapes, videotapes, compact discs, DVDs and multimedia software recorded on CD-ROM featuring content from or relating to applicant's television series | |
| Original Filing Basis: 1(a). | |
| Proposed: Class 009 for Multimedia software recorded on CD-ROM featuring interactive multimedia computer game programs; interactive video game programs; interactive audio game discs containing action games and role playing games; sound and video recordings featuring music, adventure, romance, drama, comedy, educational documentaries and sports; namely, phonograph records, pre-recorded audio tapes, compact discs, videotapes, videocassettes, digital audio tapes, compact disc videos, laser discs and motion picture films featuring music, adventure, romance, drama, comedy, educational documentaries and sports; Audio recordings featuring music; Video recordings featuring music; Downloadable audio and video recordings; Prerecorded music on CD, DVD and other media; Musical sound recordings; audio-visual recordings, namely, compact discs, tape cassettes, audio cassettes, audio tapes, audio discs, phonograph records, CD-ROMs, video tapes, video cassettes, video discs, DVDs, DATs, MP3s, and laser discs, all featuring music, entertainment, television and motion picture films and sound tracks, documentaries and reality shows; Software to enable uploading, posting, showing, displaying, tagging, blogging, sharing or otherwise providing electronic media or information over the Internet or other communications network; downloadable musical sound recordings; downloadable ringtones and graphics, entertainment, television, film, animation, the arts, comedy, drama, news, fashion, lifestyles, culture, sports, politics, electronics, and telecommunications; downloadable electronic publications in the nature of books, booklets, magazines, journals, manuals, brochures, leaflets, pamphlets and newsletters, all in the field of music, entertainment, television, film, animation, the arts, comedy, drama, news, fashion, lifestyles, culture, sports, politics, electronics, telecommunications, and biographies of and narrations by musicians, comedians, athletes, television and movie stars, radio personalities, and celebrities; electronic publications, namely, books, booklets, magazines, journals, manuals, brochures, leaflets, pamphlets and newsletters, all in the field of music, entertainment, television, film, animation, the arts, comedy, drama, news, fashion, lifestyles, culture, sports, politics, electronics, telecommunications, and biographies of and narrations by musicians, comedians, athletes, television and movie stars, radio personalities, and celebrities, recorded on CD-ROMs, diskettes, floppy disks, video cassettes, and magnetic tapes; downloadable ring tones, graphics and music via a global computer network and wireless devices; jackets for video cassettes, tapes, and discs; computer game cartridges, discs, cassettes, tapes, joysticks, programs and software; hand held joy stick units for playing video games; video game cartridges, video game discs, and video game tape cassettes. video game software, video game programs, and, video game joysticks; video magazine featuring music, entertainment, news, computer games and sports; computer programs for editing images, sound and video; computer programs for pre-recorded games; electronic game programs; computerized video table games for gaming purposes; interactive video games of virtual reality comprised of computer hardware and software; virtual reality game software; video game machines and video output game machines for use with televisions; video tapes and video disks recorded with animation; gaming equipment, namely, slot machines with or without video output; computer software for communicating with users of hand-held computers; computer software to enable the transmission of photographs to mobile telephones; computer software for wireless content delivery; computer software to enhance the audio-visual capabilities of multimedia applications, namely, for the integration of text, audio, graphics, still images and moving pictures; software for processing images, graphics and text; multi-media software recorded on CD-ROM featuring music, entertainment, and games; music-composition software; handheld computers, laptop computers, notebook computers, magnets; decorative magnets; refrigerator magnets; novelty magnets; protective eyewear; sunglasses; eyeglasses; eyeglass frames; opera glasses; spectacles; eyeglass, sunglass and spectacle cases; eyeglass, sunglass and spectacle straps; eyeglass, sunglass and spectacle chains; mouse pads; compact disc cases. fitted cases for storage and transportation, namely, cases for compact discs, audio cassettes, video cassettes, CD-ROMs, home video games, home video game accessories, computers, computer accessories, cameras, camcorders, phones, personal digital assistants, two-way pagers, mobile devices, and radios; computer carrying cases; wrist rests and supports for computer mouse users; wrist rests for computers and computer accessories; computer keyboard wrist pads; binoculars; ear plugs; telephones, cellular telephones, pagers, car kits for the adaptation of portable communication apparatus and instruments for vehicular use, principally composed of mount, cradle, headset, audio speakers, microphones, extension cords, power cables, external antenna connectors, battery, battery charger and carrying case marketed as a unit; electronic handheld units for the wireless receipt and transmission of data that enable the user to keep track of or manage personal information; software for the redirection of messages, global computer network e-mail, and other data to one or more electronic handheld units from a data store on or associated with a personal computer or a server; software for the synchronization of data between a remote station or unit and a fixed or remote station or unit; electronic organizers; personal digital assistants; handheld computers and organizers in the nature of a handheld computing device and a cradle which allows the exchange of information between the handheld computing device and a desktop carrying cases for the foregoing goods and replacement parts for the foregoing goods; instruction manuals distributed with the foregoing; prepaid magnetically encoded telephone calling cards, prepaid cellular telephones used in connection with prepaid airtime cellular telephone communication services; magnetically encoded credit cards; magnetically encoded debit cards; cellular phones and magnetically encoded debit cards sold together as a unit; data processors and user input and output devices; computers; computer software with a security function for PC and network security; Photographic cameras; Computer software for use in providing secure and non secure communication over wireless local area networks, Local Area Networks, Wide Area Networks, peer group networks and other computer networks; Trading cards in the form of CD's; Computer software used to allow non-network users to interconnect with other users via telephonic modem hook-up to play multi-player computer software games; downloadable ring tones, graphics, music, mobile music files, video clips, images, network and non-network multi-media mobile messaging, mobile promotional content, mobile information and entertainment,and games via a global computer network and wireless devices; pre-recorded audiotapes, videotapes, compact discs, DVDs and multimedia software recorded on CD-ROM featuring content from or relating to applicant's television series | |
| Section 1(a), Use in Commerce: The mark was first used at least as early as 07/04/1997 and first used in commerce at least as early as 07/04/1997, and is now in use in such commerce. | |
| Applicant hereby submits a specimen for Class 009. | |
| The specimen(s) submitted consists of products in promotion. |
|
| For an application based on 1(a), Use in Commerce, "The substitute specimen(s) was in use in commerce as of the filing date of the application." | |
| Specimen-1 | |
| Procedural Matters/Informalities | |
| Applicant proposes to amend the following: | |
| Original: Mitchell L. Donnell, a citizen of US, having an address of P.O. Box 93343 Cleveland, OH United States 44101, whose phone number is 8002069624. | |
| Proposed: Myspace Mobile Inc., a corporation of Ohio, having an address of P.O. Box 93343 Cleveland, Ohio United States 44101, whose e-mail address is XXXX, whose phone number is 8002069624. | |
| 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: /DMitchell/ Date: 10/07/2006 | |
| Signatory's Name: /dmitchell/ | |
| Signatory's Position: pres | |
| Preliminary Amendment Signature | |
| Signature: /DMitchell/ Date Signed: 10/07/2006 | |
| Signatory's Name: /donnellmitchell/ | |
| Signatory's Position: Pres | |
| Serial Number: 77011251 | |
| Internet Transmission Date: Sat Oct 07 18:18:45 EDT 2006 | |
| TEAS Stamp: USPTO/PA-XXXXXXXXXXX-2006100718184530400 7-77011251-200a327b9ee8e682fef90dd5222d7 99c5d-N-N-20061007181827011019 |
