Response to Office Action

DOMINION

K-tel International, Inc.

Response to Office Action

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 77481456
LAW OFFICE ASSIGNED LAW OFFICE 104
MARK SECTION (no change)
GOODS AND/OR SERVICES SECTION (current)
INTERNATIONAL CLASS 041
DESCRIPTION
Entertainment services, namely, providing prerecorded music, information in the field of music, and commentary and articles about music, all on-line via a global computer network
FILING BASIS Section 1(a)
        FIRST USE ANYWHERE DATE At least as early as 05/01/2008
        FIRST USE IN COMMERCE DATE At least as early as 05/01/2008
GOODS AND/OR SERVICES SECTION (proposed)
INTERNATIONAL CLASS 041
TRACKED TEXT DESCRIPTION
Entertainment services, namely, [providing prerecorded music], providing licensing of prerecorded music, information in the field of music, and commentary and articles about music, all on-line via a global computer network
FINAL DESCRIPTION
Entertainment services, namely, providing licensing of prerecorded music, information in the field of music, and commentary and articles about music, all on-line via a global computer network
FILING BASIS Section 1(a)
       FIRST USE ANYWHERE DATE At least as early as 05/01/2008
       FIRST USE IN COMMERCE DATE At least as early as 05/01/2008
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 /parnold/
SIGNATORY'S NAME Patrick J. Arnold Jr.
SIGNATORY'S POSITION Attorney of Record, Illinois Bar Member
DATE SIGNED 03/06/2009
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Fri Mar 06 17:52:11 EST 2009
TEAS STAMP USPTO/ROA-XX.XXX.XXX.XX-2
0090306175211189516-77481
456-440fdf196249ff38b6693
9cc26a1f37f3d-N/A-N/A-200
90306174422345077



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. 77481456 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 prerecorded music, information in the field of music, and commentary and articles about music, all on-line via a global computer network
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 05/01/2008 and first used in commerce at least as early as 05/01/2008, and is now in use in such commerce.

Proposed:
Tracked Text Description: Entertainment services, namely, [providing prerecorded music], providing licensing of prerecorded music, information in the field of music, and commentary and articles about music, all on-line via a global computer networkClass 041 for Entertainment services, namely, providing licensing of prerecorded music, information in the field of music, and commentary and articles about music, all on-line via a global computer network
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 05/01/2008 and first used in commerce at least as early as 05/01/2008, 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: /parnold/     Date: 03/06/2009
Signatory's Name: Patrick J. Arnold Jr.
Signatory's Position: Attorney of Record, Illinois 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: 77481456
Internet Transmission Date: Fri Mar 06 17:52:11 EST 2009
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XX-2009030617521118
9516-77481456-440fdf196249ff38b66939cc26
a1f37f3d-N/A-N/A-20090306174422345077



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