TEAS Request Reconsideration after FOA

PTO Form (Rev 4/2000)

OMB No. 0651-.... (Exp. 08/31/2004)

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PTO Form (Rev 4/2000)

OMB No. 0651-.... (Exp. 08/31/2004)

Request for Reconsideration after Final Action

To the Commissioner for Trademarks:

Application serial no. 77290162 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 Entertainment services, namely; providing an interactive website featuring information in the fields of music, movies, television programs, and music videos; entertainment services, namely, providing an interactive website featuring musical videos, movies, television programs, and other multimedia materials, namely podcasts, video casts, text messages, and photos; entertainment services, namely, providing on-line reviews and commentary about celebrities, producers, music, movies, television programs, and the general entertainment industry
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 03/27/1998 and first used in commerce at least as early as 03/27/1998, and is now in use in such commerce.

Proposed: Class 041 for Entertainment services, namely; providing an interactive website featuring information in the fields of music, movies, television programs, and music videos; entertainment services, namely, providing an interactive website featuring musical videos, movies, television programs; entertainment services, namely, providing on-line reviews, commentary, podcasts, video casts, text messages, and photos about celebrities, producers, music, movies, television programs, and the general entertainment industry
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 03/27/1998 and first used in commerce at least as early as 03/27/1998, and is now in use in such commerce.
CORRESPONDENCE ADDRESS CHANGE
Applicant proposes to amend the following:
Current:
BENJAMIN A. COSTA
VOGELE & ASSOCIATES
580 CALIFORNIA ST STE 1600
SAN FRANCISCO, CA 94104-1037

Proposed:
Benjamin A. Costa of Vogele & Associates, having an address of
Suite 701 12 Geary Street San Francisco, California 94108
United States
tmdocket@vogelelaw.com
(415) 391-3311
(415) 358-4975



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: /Joyce Lan Kim/      Date: 02/26/2008
Signatory's Name: Joyce Lan Kim
Signatory's Position: CEO

Request for Reconsideration Signature
Signature: /bc/     Date: 02/26/2008
Signatory's Name: Benjamin A. Costa
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.

The applicant is not filing a Notice of Appeal in conjunction with this Request for Reconsideration.

Mailing Address:    Benjamin A. Costa
   Vogele & Associates
   Suite 701
   12 Geary Street
   San Francisco, California 94108
        
Serial Number: 77290162
Internet Transmission Date: Tue Feb 26 18:17:17 EST 2008
TEAS Stamp: USPTO/RFR-XX.XX.XX.XXX-20080226181717973
443-77290162-420e1986aea854992a426ccd4f8
bba18f-N/A-N/A-20080226134721901073