| 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 |
77011658 |
| LAW OFFICE ASSIGNED |
LAW OFFICE 110 |
| MARK SECTION (no change) |
| ARGUMENT(S) |
| The mark is used to identify a television series, rather than a single creative work. The specimen attached to the application was a DVD cover identifying
20 episodes of the series. The specimen attached hereto identifies an additional 6 episodes of the show. |
| EVIDENCE SECTION |
EVIDENCE
FILE NAME(S) |
\\TICRS2\EXPORT12\770\116 \77011658\xml1\ROA0002.JP G |
| |
\\TICRS2\EXPORT12\770\116 \77011658\xml1\ROA0003.JP G |
| DESCRIPTION OF EVIDENCE FILE |
DVD cover jacket listing episodes of the television series. |
| GOODS AND/OR SERVICES SECTION (current) |
| INTERNATIONAL CLASS |
009 |
| DESCRIPTION |
DVDs featuring television show episodes |
| FILING BASIS |
Section 1(a) |
| FIRST USE ANYWHERE DATE |
At least as early as 06/30/2003 |
| FIRST USE IN COMMERCE DATE |
At least as early as 06/30/2003 |
| GOODS AND/OR SERVICES SECTION (proposed) |
| INTERNATIONAL CLASS |
009 |
| DESCRIPTION |
DVDs featuring television show episodes |
| FILING BASIS |
Section 1(a) |
| FIRST USE ANYWHERE DATE |
At least as early as 06/30/2003 |
| FIRST USE IN COMMERCE DATE |
At least as early as 06/30/2003 |
| STATEMENT TYPE |
"The substitute specimen(s) was in use in commerce as of the filing date of the application." |
| SPECIMEN DESCRIPTION |
DVD cover jacket listing episodes of the television series |
| SIGNATURE SECTION |
| SIGNATORY FILE |
\\TICRS2\EXPORT12\770\116 \77011658\xml1\ROA0004.JP G |
| SIGNATORY'S NAME |
Andrew Rouillard |
| SIGNATORY'S POSITION |
Vice-President, Brand Management & Advertising |
| RESPONSE SIGNATURE |
/mkz/ |
| SIGNATORY'S NAME |
Martha K. Zajicek |
| SIGNATORY'S POSITION |
First Vice-President and Counsel |
| DATE SIGNED |
04/30/2007 |
| AUTHORIZED SIGNATORY |
YES |
| FILING INFORMATION SECTION |
| SUBMIT DATE |
Mon Apr 30 10:59:21 EDT 2007 |
| TEAS STAMP |
USPTO/ROA-XXX.XX.XX.XX-20
070430105921753124-770116
58-370d974f5b47785f1db47a
cfe59bb3c931-N/A-N/A-2007
0430105405939200 |
| 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.
77011658 has been amended as follows:
Argument(s)
In response to the substantive refusal(s), please note the following:
The mark is used to identify a television
series, rather than a single creative work. The specimen attached to the application was a DVD cover identifying 20 episodes of the
series. The specimen attached hereto identifies an additional 6 episodes of the show.
Evidence
Evidence in the nature of DVD cover jacket listing episodes of the television series. has been attached.
Evidence-1
Evidence-2
Classification and Listing of Goods/Services
Applicant hereby amends the following class of goods/services in the application as follows:
Current: Class 009 for DVDs featuring television show episodes
Original Filing Basis: 1(a).
Proposed: Class 009 for DVDs featuring television show episodes
Filing Basis: 1(a).
Section 1(a), Use in Commerce: The mark was first used at least as early as 06/30/2003 and first used in commerce at least as early as 06/30/2003, and is now in use in such commerce.
Applicant hereby submits a new specimen for Class 009.
The specimen(s) submitted consists of DVD cover jacket listing episodes of the television series.
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."
Declaration Signature
Signature
Signatory's Name: Andrew Rouillard
Signatory's Position: Vice-President, Brand Management & Advertising
Response Signature
Signature: /mkz/ Date: 04/30/2007
Signatory's Name: Martha K. Zajicek
Signatory's Position: First Vice-President and Counsel
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.
Serial Number: 77011658
Internet Transmission Date: Mon Apr 30 10:59:21 EDT 2007
TEAS Stamp: USPTO/ROA-XXX.XX.XX.XX-20070430105921753
124-77011658-370d974f5b47785f1db47acfe59
bb3c931-N/A-N/A-20070430105405939200
