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. 77113798 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 041 for Educational and entertainment services in the nature of a web site featuring photographic, audio, video and text materials on the subjects of pets, pet care, animal behavior and training, volunteer opportunities, pet shelters and animal rescue groups; providing an on-line searchable database featuring animal shelters, adoption organizations and pets available for adoption
Original Filing Basis:
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 12/31/1995 and first used in commerce at least as early as 01/15/1996, and is now in use in such commerce.

Proposed: Class 041 for Educational and entertainment services in the nature of a web site featuring photographic, audio, video and text materials on the subjects of obedience training for pets.
Filing Basis: Section 1(a), Use in Commerce:The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 12/31/1995 and first used in commerce at least as early as 01/15/1996, and is now in use in such commerce.
Applicant hereby adds the following class of goods/services to the application:
New: Class 039 for Educational information and entertainment services in the nature of a web site featuring photographic, audio, video and text materials on the subject of pet rescue services.
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 12/31/1995 and first used in commerce at least as early as 01/15/1996, and is now in use in such commerce.
Applicant hereby submits a specimen for Class 039. The specimen(s) submitted consists of Image of web site..
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 File1

Applicant hereby adds the following class of goods/services to the application:
New: Class 044 for Educational information and entertainment services in the nature of a web site featuring photographic, audio, video and text materials on the subjects of breeding and selection of animals and pets, pet care, grooming, feeding and nutrition, and animal behavior.
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 12/31/1995 and first used in commerce at least as early as 01/15/1996, and is now in use in such commerce.
Applicant hereby submits a specimen for Class 044. The specimen(s) submitted consists of Image of web site..
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 File1

Applicant hereby adds the following class of goods/services to the application:
New: Class 045 for Educational information and entertainment services in the nature of a web site featuring photographic, audio, video and text materials on the subjects of pet shelters and volunteering opportunities at animal shelters; providing an on-line searchable database featuring animal shelters, adoption organizations and pets available for adoption.
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 12/31/1995 and first used in commerce at least as early as 01/15/1996, and is now in use in such commerce.
Applicant hereby submits a specimen for Class 045. The specimen(s) submitted consists of Image of web site..
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 File1

FEE(S)
Fee(s) in the amount of $975 is being submitted.

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: /Sarah M Crispi/      Date: 10/31/2007
Signatory's Name: Sarah M. Crispi
Signatory's Position: Director of Trademarks

Response Signature
Signature: /Laurel E. Queeno/     Date: 10/31/2007
Signatory's Name: Laurel E. Queeno
Signatory's Position: Attorney of record

The signatory has confirmed that he/she is either (1) an attorney who is a member in good standing of the bar of the highest court of a U.S. state; or (2) a Canadian attorney/agent who has been granted reciprocal recognition under 37 C.F.R. §10.14(c) by the USPTO's Office of Enrollment and Discipline. He/she further confirms that (1) the applicant has not previously been represented in this matter by an authorized attorney; and (2) he/she is the applicant's attorney or an associate of that attorney.

        
RAM Sale Number: 3233
RAM Accounting Date: 11/01/2007
        
Serial Number: 77113798
Internet Transmission Date: Wed Oct 31 17:10:36 EDT 2007
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XX-2007103117103696
4870-77113798-40018dd5621491d0d2f89a41c0
b7f295fc-DA-3233-20071031154123704350