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. 77115327 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 Electrical and scientific apparatus, namely, motion picture films featuring music, animated and live-action performances, science fiction, mystery, fairy tales, cartoons, characters, comedy and drama; pre-recorded video and audio cassettes, video and audio tapes, video and audio discs, CD ROMs, compact discs, digital versatile discs, musical video recordings, musical sound recordings and phonograph records featuring music, animated and live-action performances, science fiction, mystery, fairy tales, cartoons, characters, comedy and drama; software and manuals sold as a unit for entertainment and for use as calendars, information managers and screen savers; computer game software; decorative refrigerator magnets; electric switch plates; eyeglasses, eyeglass cases, sunglasses and sunglass cases; computer and video-game cassettes, cartridges, discs and programs; video game machines for use with television receivers; downloadable game software; downloadable computer games; electric door bells; decorative switch plate covers; audio speakers; swim masks; swim goggles
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 Electrical and scientific apparatus, namely, motion picture films featuring music, animated cartoons, live-action performances and live action performances by costumed characters all in the fields of science fiction, mystery, fairy tales, comedy and drama; pre-recorded video and audio cassettes, video and audio tapes, video and audio discs, CD ROMs, compact discs, digital versatile discs, musical video recordings, musical sound recordings and phonograph records featuring music, animated cartoons, live-action performances and live action performances by costumed characters all in the fields of science fiction, mystery, fairy tales, comedy and drama; software and manuals sold as a unit in the field of entertainment namely for use in creating, updating and maintaining calendars, for information management and for use as computer screen savers; computer game software; decorative refrigerator magnets; electric switch plates; eyeglasses, eyeglass cases, sunglasses and sunglass cases; computer and video-game cassettes, cartridges, discs and programs; video game machines for use with television receivers; downloadable game software; downloadable computer games; electric door bells; decorative switch plate covers; audio speakers; swim masks; swim goggles
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
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: /klm/     Date: 10/04/2007
Signatory's Name: Katherine L. McDaniel
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.

        
Serial Number: 77115327
Internet Transmission Date: Thu Oct 04 17:02:25 EDT 2007
TEAS Stamp: USPTO/ROA-X.XX.XX.XX-2007100417022549269
3-77115327-400431acc51c01e4732a4e7477f0e
8735a-N/A-N/A-20071004165459928611