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. 77202639 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 042 for Design for others in the field of computer game software; Design, development and implementation of software
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 03/01/2007 and first used in commerce at least as early as 03/01/2007, and is now in use in such commerce.

Proposed: Class 042 for Design for others in the field of computer game software; Design, development and implementation of software
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 03/01/2007 and first used in commerce at least as early as 03/01/2007, and is now in use in such commerce.
Applicant hereby submits a new specimen for Class 042. The specimen(s) submitted consists of Provided are copies of the actual sales pitch packages for the design development and implementation of computer game software as prepared and delivered to prospective clients in 2006. The mark LOOSE CANNON is clearly presented throughout the advertising materials. A signed contract between the named parties dated March 1, 2007 was a direct result of the use of these materials. Dirty Harry Pitch pg 1: shows cover page of sales pitch folder for a computer game as delivered to a prospective client on 5/2006 - presented as a faux "police file". Dirty Harry Pitch pg2: top sheet of the sales pitch with LOOSE CANNON mark prominently displayed. Dirty Harry Pitch pg3: The title page of the sales pitch, dated April 2004 with potential buyer's info and the trademark applicant's ownership information. Dirty Harry Pitch pg4: sales pitch detail page, note LOOSE CANNON mark lower left of page. Dirty Harry Pitch pg5 is a copy of the back cover of the sales pitch folder delivered to the client with LOOSE CANNON featured prominently. Tornado Alley Pitch: Nine page document featuring the LOOSE CANNON mark as used in a presentation or sales pitch prepared and delivered to a potential customer in July of 2006 for a computer game for multiple platforms. Note the LOOSE CANNON mark on page 1, and page 9, and also the proprietary ownership information at the base of each page..
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
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Specimen File7
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Specimen File9
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Specimen File14

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: /brian e lewis/      Date: 03/04/2008
Signatory's Name: Brian E. Lewis
Signatory's Position: Attorney of record

Response Signature
Signature: /brian e lewis/     Date: 03/04/2008
Signatory's Name: Brian E. Lewis
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: 77202639
Internet Transmission Date: Tue Mar 04 17:57:14 EST 2008
TEAS Stamp: USPTO/ROA-XX.XX.XXX.XX-20080304175714678
749-77202639-420be1b192c98399180ae366c78
f2bfd156-N/A-N/A-20080304171722765516