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. 77261931 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 Recordable and pre-recorded media, namely, DVDs, CDs, music video interactive discs (MVIs), video and audio cassettes, laser discs; digital media, namely, streaming or downloadable audio-visual content in the fields of news, entertainment, sports, comedy, drama, music, and music videos; computer software, namely, downloadable players for audio-visual content, software tools for editing of audio-visual content, video search and annotation software, content protection software, ad tracking and optimization software, video game software, interactive game programs, software platform for providing programmatic interfaces for third parties to access website content and data
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 Blank recordable DVDs, CDs, music video interactive discs (MVIs), video and audio cassettes, and laser discs and pre-recorded media, namely, DVDs, CDs, music video interactive discs (MVIs), video and audio cassettes, laser discs featuring news, entertainment, sports, comedy, drama, music, and music videos; digital media, namely, streaming or downloadable audio-visual media content in the fields of news, entertainment, sports, comedy, drama, music, and music videos; computer software, namely, downloadable players for audio-visual media content, software tools for editing of audio-visual content, video search and annotation software, content protection software, ad tracking and optimization software, video game software, interactive game programs, software platform for providing programmatic interfaces for third parties to access website content and data for web development and website application development
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 016 for Address books; appointment books; pens; binders; bookmarks; books, magazines, newsletters, and periodicals in the fields of general entertainment, news, music, films, television, and sports; bumper stickers; calendars; stationery; gift cards; gift wrapping paper; globes; greeting cards; guest books; maps; memo pads; modeling clay; newspapers; note paper; notebooks; notebook paper; paper tableware; pencils; pen and pencil cases photograph albums; posters; writing paper; writing implements
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 016 for Address books; appointment books; pens; binders; bookmarks; books, magazines, newsletters, and printed periodicals in the fields of general entertainment, news, music, films, television, and sports; bumper stickers; calendars; stationery; gift cards; gift wrapping paper; globes; greeting cards; guest books; maps; memo pads; modeling clay; newspapers; note paper; notebooks; notebook paper; pencils; pen and pencil cases photograph albums; posters; writing paper; writing implements
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 028 for Action skill games; arcade games; board games; card games; balls; balloons; manipulative games; playing cards; video games; interactive games; toys and playthings; sports equipment
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 028 for Action skill games; arcade games; board games; card games; sport balls; balloons; manipulative games; playing cards; stand alone video game machines; interactive games, specifically, games containing video from motion pictures, television programming, or music videos, quiz games, trivia game played with cards and game components, cards and pieces that may be played in combination with an interactive video game played on a DVD machine, computer and television or monitor for playing board games, card games, memory games and other games, battery-powered computer game with LCD screen which features animation and sound effects, promotional game materials, hand-held video game units
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 Business-to-business advertising; online banner advertising and marketing services; online retail services featuring streaming or downloadable audio-visual content in the fields of news, entertainment, sports, comedy, drama, music, and music videos
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 Business-to-business advertising; online banner advertising and marketing services; online retail shopping site services featuring streaming or downloadable audio-visual content in the fields of news, entertainment, sports, comedy, drama, music, and music videos
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 Broadcasting and streaming of audio-visual content in the fields of news, entertainment, sports, comedy, drama, music, and music videos via a global computer network; transmission of downloadable audio-visual content in the nature of full-length, partial-length, and clips from motion pictures, television programming, videos, music videos, and music; transmission of video and interactive games; podcasting and webcasting services; online forums, chat rooms, listservs and blogs over the Internet; providing online electronic bulletin boards for transmission of messages among users in the field of general interest; web messaging services; video-on-demand transmission services
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 Broadcasting and streaming of audio-visual media content in the fields of news, entertainment, sports, comedy, drama, music, and music videos via a global computer network; transmission of downloadable audio-visual media content in the nature of full-length, partial-length, and clips from motion pictures, television programming, videos, music videos, and music; transmission of video and interactive games; podcasting and webcasting services; providing access to online forums, chat rooms, listservs and blogs over the Internet; providing online electronic bulletin boards for transmission of messages among users in the field of general interest; web messaging services; video-on-demand transmission services
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 041 for Education and entertainment services, namely online services providing audio-visual content in the fields of news, entertainment, sports, comedy, drama, music, and music videos; providing interactive online games; providing online information via a global computer network on the subjects of motion pictures, television programming, videos, music videos, and music; providing online interactive resource and programming guides on the subjects of motion pictures, television programming, videos, music videos, and music; electronic publishing services, namely publication of text, graphics, photographs, images, and audio-visual work of others; online electronic publishing services, namely publication of audio-visual content of others; online; production, distribution, and rental of audio-visual works in the fields of news, entertainment, sports, comedy, drama, music, and music videos; rental of video games; production of video and computer game 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 041 for Education and entertainment services, namely online services providing audio-visual content in the fields of news, entertainment, sports, comedy, drama, music, and music videos; providing interactive online games; providing online information via a global computer network on the subjects of motion pictures, television programming, videos, music videos, and music; providing online interactive resource and programming guides on the subjects of motion pictures, television programming, videos, music videos, and music tailored to viewer's programming preferences; electronic publishing services, namely publication of text, graphics, photographs, images, and audio-visual work of others online and for streaming or downloading, and on CDs, DVDs, MVIs, and podcasts, and featuring news, entertainment, sports, comedy, drama, music, and music videos; production, distribution, and rental of audio-visual works, specifically, motion pictures, television programming, videos, music videos, and music, for streaming or downloading, and on CDs, DVDs, MVIs, and podcasts, in the fields of news, entertainment, sports, comedy, drama, music, and music videos; rental of video games; production of video and computer game software; providing online forums, listservs, online journals, podcasts, and blogs over the Internet featuring news, entertainment, sports, comedy, drama, music, and music videos; providing a website featuring audio-visual content, specifically, motion pictures, television programming, videos, music videos, and music, and video clips, audio clips, music clips, film clips, and photographs, in the field of news, entertainment, sports, comedy, drama, music, and music videos; providing a website featuring video and interactive games
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, providing a website featuring audio-visual content in the fields of news, entertainment, sports, comedy, drama, music, and music videos; providing a website featuring video and interactive games; hosting of digital content on the Internet; hosting and maintaining an online community featuring audio-visual content in the fields of news, entertainment, sports, comedy, drama, music, and music videos; providing programmatic interfaces for third parties to access website content and data
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 Hosting of digital content on the Internet; hosting and maintaining an online community featuring audio-visual content in the fields of news, entertainment, sports, comedy, drama, music, and music videos; providing programmatic interfaces for third parties to access website content and data
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)).

CORRESPONDENCE ADDRESS CHANGE
Applicant proposes to amend the following:
Current:
CURTIS KRECHEVSKY
CANTOR COLBURN LLP
55 GRIFFIN RD S
BLOOMFIELD, CT 06002-1353

Proposed:
Curtis Krechevsky of Cantor Colburn LLP, having an address of
20 Church Street, 22nd Floor, Hartford, Connecticut 06103-3207
United States
TM-CT@cantorcolburn.com
(860)286-2929
(860)286-0115

SIGNATURE(S)
Response Signature
Signature: /Curtis Krechevsky/     Date: 04/15/2008
Signatory's Name: Curtis Krechevsky
Signatory's Position: Applicant's Attorney

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.

Mailing Address:    Curtis Krechevsky
   Cantor Colburn LLP
   20 Church Street,
   22nd Floor,
   Hartford, Connecticut 06103-3207
        
Serial Number: 77261931
Internet Transmission Date: Tue Apr 15 10:53:04 EDT 2008
TEAS Stamp: USPTO/ROA-XX.XXX.XX.XX-20080415105304883
811-77261931-420459864204c17145d5930fce7
fccc9379-N/A-N/A-20080415104545829481