Response to Office Action

GAME TIME

Wal-Mart Stores, Inc.

Response to Office Action

PTO Form 1957 (Rev 9/2005)
OMB No. 0651-0050 (Exp. 04/2009)

Response to Office Action


The table below presents the data as entered.

Input Field
Entered
SERIAL NUMBER 77407069
LAW OFFICE ASSIGNED LAW OFFICE 113
MARK SECTION (no change)
ARGUMENT(S)

This has reference to the June 17, 2008, Office Action wherein the Examining Attorney refused registration of Applicant's GAME TIME mark, citing a likelihood of confusion with the GAME TIME mark covered by U.S. Registration No. 2882035.  The Examining Attorney is hereby informed that Applicant filed a cancelation action against U.S. Registration No. 2882035 on July 14, 2008.  Accordingly, Applicant respectfully requests that the instant application be suspended pending the outcome of Cancelation Action No. 92049670.

SIGNATURE SECTION
RESPONSE SIGNATURE /CAD/
SIGNATORY'S NAME Colette A. Durst
SIGNATORY'S POSITION Assistant General Counsel, Intellectual Property Division
DATE SIGNED 08/20/2008
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Wed Aug 20 15:00:46 EDT 2008
TEAS STAMP USPTO/ROA-XX.XXX.XXX.XX-2
0080820150046467334-77407
069-430f71ede23a6406d69ad
d53e3628506abc-N/A-N/A-20
080819171424555003



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. 77407069 has been amended as follows:

ARGUMENT(S)
In response to the substantive refusal(s), please note the following:

This has reference to the June 17, 2008, Office Action wherein the Examining Attorney refused registration of Applicant's GAME TIME mark, citing a likelihood of confusion with the GAME TIME mark covered by U.S. Registration No. 2882035.  The Examining Attorney is hereby informed that Applicant filed a cancelation action against U.S. Registration No. 2882035 on July 14, 2008.  Accordingly, Applicant respectfully requests that the instant application be suspended pending the outcome of Cancelation Action No. 92049670.



SIGNATURE(S)
Response Signature
Signature: /CAD/     Date: 08/20/2008
Signatory's Name: Colette A. Durst
Signatory's Position: Assistant General Counsel, Intellectual Property Division

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: 77407069
Internet Transmission Date: Wed Aug 20 15:00:46 EDT 2008
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XX-2008082015004646
7334-77407069-430f71ede23a6406d69add53e3
628506abc-N/A-N/A-20080819171424555003



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