Response to Office Action

PTO Form 1957 (Rev 9/2005)

OMB No. 0651-0050 (Exp. 04/2009)

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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. 77112572 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 Computer software for searching and retrieving information, websites and other resources; software, namely, a directory of information, websites and resources available on computer networks; software for searching and retrieving media information, including news, weather, sports, current events and reference materials; enterprise and resource planning (ERP) software; management information systems that integrate and automate business operations and production, including, logistics, accounting, human resources and customer relationship management software
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 Computer software for searching and retrieving information, websites and other resources from a global computer information network; computer software for accessing information directories that may be downloaded from the global computer network; software for searching and retrieving media information, including news, weather, sports, current events and reference materials from a global computer network; enterprise and resource planning (ERP) software; computer software for use with management information systems that integrate and automate business operations and production, including, logistics, accounting, human resources and customer relationship management software
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 035 for Providing online directories and searchable dababases in connection with searching and retrieving media information including news, weather, sports, current events and reference materials; providing links to other websites
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 035 for Providing online directories and searchable dababases in connection with searching and retrieving media information including news, weather, sports, current events and reference materials.
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 038 for Communication services, namely, electronic transmission of data and documents among users of computers and wireless products; telecommunication services, namely, providing electronic transmission of data, images and documents via computer terminals, networks and wireless devices; providing online facilities for real-time interaction with other computer users concerning topics of general interest; providing online chat rooms and electronic bulletin and message boards for transmission of messages among users in fields of general interest; electronic mail services; wireless broadband communications and electronic transmission of data, sound messages, images, and documents; providing access to computer databases; providing access to online computer databases; providing access to electronic publications; providing access to online media including news, weather, sports, current events and reference materials
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 038 for Communication services, namely, electronic transmission of data and documents among users of computers and wireless products; telecommunication services, namely, providing electronic transmission of data, images and documents via computer terminals, networks and wireless devices; providing online facilities for real-time interaction with other computer users concerning topics of general interest; providing online chat rooms in the field of news, current affairs, company information, industry movers and shakers and industry specific topics and electronic bulletin and message boards in the field of news, current affairs, company information, industry movers and shakers and industry specific topics for transmission of messages among users; electronic mail services; wireless broadband communications and electronic transmission of data, sound messages, images, and documents; providing access to computer databases.
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 042 for Computer services, namely, creating indexes of information, knowledge databases, information directories and other resources available on computer networks; searching and retrieving information, sites and other resources available on computer networks for others; providing a search engine for obtaining or analyzing information by means of a global computer network; providing online links to news, weather, sports, current events, and reference materials; software as a service (SAAS) provider
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 042 for Computer services, namely, creating indexes of information, knowledge databases, information directories and other resources available on computer networks; searching and retrieving information, sites and other resources available on computer networks for others; providing a search engine for obtaining or analyzing information by means of a global computer network; providing online links to news, weather, sports, current events, and reference materials; Application service provider (ASP), namely, hosting computer software applications of others.
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)).

SIGNATURE(S)
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: /angela c. wilcox/      Date: 11/05/2007
Signatory's Name: Angela C. Wilcox
Signatory's Position: Attorney for Applicant

Response Signature
Signature: /angela c. wilcox/     Date: 11/05/2007
Signatory's Name: Angela C. Wilcox
Signatory's Position: Attorney for Applicant

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: 77112572
Internet Transmission Date: Mon Nov 05 17:47:02 EST 2007
TEAS Stamp: USPTO/ROA-XXX.XX.XXX.XXX-200711051747025
43701-77112572-400e07b893114c22a9ef4cac4
8dcd5d5b5d-N/A-N/A-20071105173810554676