| PTO Form 1957 (Rev 9/2005) |
| OMB No. 0651-0050 (Exp. 04/30/2011) |
Response to Office Action
The table below presents the data as entered.
Input Field
|
Entered
|
| SERIAL NUMBER |
77227410 |
| LAW OFFICE ASSIGNED |
LAW OFFICE 110 |
| MARK SECTION (no change) |
| ARGUMENT(S) |
| Please see the actual argument text attached within the Evidence section. |
| EVIDENCE SECTION |
| EVIDENCE FILE NAME(S) |
| ORIGINAL PDF FILE |
evi_6615155194-155346158_._DELUXE_RED_CIRCLE_-_OAR_-_Cl_42.pdf |
CONVERTED PDF FILE(S)
(2 pages) |
\\TICRS\EXPORT6\IMAGEOUT6\772\274\77227410\xml1\ROA0002.JPG |
| |
\\TICRS\EXPORT6\IMAGEOUT6\772\274\77227410\xml1\ROA0003.JPG |
| DESCRIPTION OF EVIDENCE FILE |
actual argument text |
| GOODS AND/OR SERVICES SECTION (current) |
| INTERNATIONAL CLASS |
042 |
| DESCRIPTION |
| Design and development of computer software; product research and development; hosting the websites of others; website design services
for others; digital watermarking; custom packaging services for sound, video, and data recordings; graphic design services for print media in the field of entertainment; DVD menu packaging and design
for others; design for others of music, video and DVD packaging; quality control for others of the duplication, replication and distribution of digital film and video; content creation services,
namely, authoring and development of interactive computer software and media content; Design and development of multimedia products, namely, DVD menu design for others; Retrieving digital files
representing film, video, audio, picture and document content, for post production industries; conversion of data or documents from physical to electronic media; Operation of laboratories for the
processing of motion picture films; formatting and conversion of media and digital data; digital conversion of motion picture films to videotape and DVDs, HD DVDs and Blu-Ray DVDs; film to tape
digital transfer services namely, transferring film to DVDs; Authoring services for DVDs, HD DVDs, and Blu-Ray DVDs |
| FILING BASIS |
Section 1(a) |
| FIRST USE ANYWHERE DATE |
At least as early as 01/01/2002 |
| FIRST USE IN COMMERCE DATE |
At least as early as 01/01/2002 |
| GOODS AND/OR SERVICES SECTION (proposed) |
| INTERNATIONAL CLASS |
042 |
| TRACKED TEXT DESCRIPTION |
Design and development of computer software; product research and development;
hosting the websites of others; website design services for others; digital watermarking; custom packaging services for sound, video, and data recordings; custom packaging design services for sound, video, and data recordings;
graphic design services for print media in the field of entertainment; DVD menu packaging and design for others; design for
others of music, video and DVD packaging; quality control for others of the duplication, replication and distribution of digital film and video; content creation services, namely, authoring and development of interactive computer software and media content; content creation services,
namely, authoring and development for others of interactive computer software for the integration of text, audio, graphics, still images and moving pictures into an interactive delivery for
multimedia applications; Design and development of multimedia products, namely, DVD menu design for others; Retrieving digital files
representing film, video, audio, picture and document content, for post production industries; conversion of data or documents from physical to electronic media;
Authoring services for DVDs, HD DVDs, and optical and magneto-optical discs; Operation of laboratories for the processing of
motion picture films; formatting and conversion of media and digital data; digital conversion of motion picture films to
videotape and DVDs, HD DVDs and Blu-Ray DVDs; film to tape digital transfer services namely, transferring film to DVDs; Authoring services for DVDs, HD DVDs, and Blu-Ray DVDs |
| FINAL DESCRIPTION |
| Design and development of computer software; product research and development; hosting the websites of others; website design services
for others; digital watermarking; custom packaging design services for sound, video, and data recordings; graphic design services for print media in the field of entertainment; DVD menu packaging and
design for others; design for others of music, video and DVD packaging; quality control for others of the duplication, replication and distribution of digital film and video; content creation
services, namely, authoring and development for others of interactive computer software for the integration of text, audio, graphics, still images and moving pictures into an interactive delivery for
multimedia applications; Design and development of multimedia products, namely, DVD menu design for others; conversion of data or documents from physical to electronic media; Authoring services for
DVDs, HD DVDs, and optical and magneto-optical discs |
| FILING BASIS |
Section 1(a) |
| FIRST USE ANYWHERE DATE |
At least as early as 01/01/2002 |
| FIRST USE IN COMMERCE DATE |
At least as early as 01/01/2002 |
| SIGNATURE SECTION |
| DECLARATION SIGNATURE |
The filing Attorney has elected not to submit the signed declaration, believing no supporting declaration is required under the Trademark
Rules of Practice. |
| RESPONSE SIGNATURE |
/cml/pjp/ |
| SIGNATORY'S NAME |
Christina M. Liu |
| SIGNATORY'S POSITION |
Attorney of record, California bar member |
| DATE SIGNED |
05/15/2009 |
| AUTHORIZED SIGNATORY |
YES |
| FILING INFORMATION SECTION |
| SUBMIT DATE |
Fri May 15 15:58:45 EDT 2009 |
| TEAS STAMP |
USPTO/ROA-XX.XXX.XX.XXX-2
0090515155845120874-77227
410-430af3836a76ec64d4956
3084fa514ea-N/A-N/A-20090
515155346158820 |
| PTO Form 1957 (Rev 9/2005) |
| OMB No. 0651-0050 (Exp. 04/30/2011) |
Response to Office Action
To the Commissioner for Trademarks:
Application serial no.
77227410 has been amended as follows:
ARGUMENT(S)
In response to the substantive refusal(s), please note the following:
Please see the actual argument text attached within the Evidence section.
EVIDENCE
Evidence in the nature of actual argument text has been attached.
Original PDF file:
evi_6615155194-155346158_._DELUXE_RED_CIRCLE_-_OAR_-_Cl_42.pdf
Converted PDF file(s) (2 pages)
Evidence-1
Evidence-2
CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 042 for Design and development of computer software; product research and development; hosting the websites of others; website design services for others; digital watermarking;
custom packaging services for sound, video, and data recordings; graphic design services for print media in the field of entertainment; DVD menu packaging and design for others; design for others of
music, video and DVD packaging; quality control for others of the duplication, replication and distribution of digital film and video; content creation services, namely, authoring and development of
interactive computer software and media content; Design and development of multimedia products, namely, DVD menu design for others; Retrieving digital files representing film, video, audio, picture
and document content, for post production industries; conversion of data or documents from physical to electronic media; Operation of laboratories for the processing of motion picture films;
formatting and conversion of media and digital data; digital conversion of motion picture films to videotape and DVDs, HD DVDs and Blu-Ray DVDs; film to tape digital transfer services namely,
transferring film to DVDs; Authoring services for DVDs, HD DVDs, and Blu-Ray DVDs
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 01/01/2002 and first used in commerce at least as early as 01/01/2002, and is
now in use in such commerce.
Proposed:
Tracked Text Description: Design and development of computer software;
product research and development;
hosting the
websites of others;
website design services for others;
digital watermarking;
custom packaging services
for sound, video, and data recordings;
custom packaging design services for sound, video, and data recordings;
graphic design services
for print media in the field of entertainment;
DVD menu packaging and design for others;
design for others of music, video and DVD
packaging;
quality control for others of the duplication, replication and distribution of digital film and video;
content creation
services, namely, authoring and development of interactive computer software and media content;
content creation services, namely, authoring and development for
others of interactive computer software for the integration of text, audio, graphics, still images and moving pictures into an interactive delivery for multimedia applications;
Design and development of multimedia products, namely, DVD menu design for others;
Retrieving digital files representing film, video, audio, picture
and document content, for post production industries;
conversion of data or documents from physical to electronic media;
Authoring
services for DVDs, HD DVDs, and optical and magneto-optical discs;
Operation of laboratories for the processing of motion picture films;
formatting and conversion of media and digital data;
digital conversion of motion picture films to videotape and DVDs, HD DVDs and Blu-Ray
DVDs;
film to tape digital transfer services namely, transferring film to DVDs;
Authoring services for DVDs, HD DVDs, and
Blu-Ray DVDsClass 042 for Design and development of computer software; product research and development; hosting the websites of others; website design services for others; digital
watermarking; custom packaging design services for sound, video, and data recordings; graphic design services for print media in the field of entertainment; DVD menu packaging and design for others;
design for others of music, video and DVD packaging; quality control for others of the duplication, replication and distribution of digital film and video; content creation services, namely,
authoring and development for others of interactive computer software for the integration of text, audio, graphics, still images and moving pictures into an interactive delivery for multimedia
applications; Design and development of multimedia products, namely, DVD menu design for others; conversion of data or documents from physical to electronic media; Authoring services for DVDs, HD
DVDs, and optical and magneto-optical discs
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 01/01/2002 and first used in commerce at least as early as 01/01/2002, and is
now in use in such commerce.
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: /cml/pjp/ Date: 05/15/2009
Signatory's Name: Christina M. Liu
Signatory's Position: Attorney of record, California bar member
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: 77227410
Internet Transmission Date: Fri May 15 15:58:45 EDT 2009
TEAS Stamp: USPTO/ROA-XX.XXX.XX.XXX-2009051515584512
0874-77227410-430af3836a76ec64d49563084f
a514ea-N/A-N/A-20090515155346158820
