Response to Office Action

PTO Form 1957 (Rev 9/2005)

OMB No. 0651-0050 (Exp. 04/30/2011)

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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. 77488023 has been amended as follows:

EVIDENCE
Evidence in the nature of An argument (the argument mentions all issues, but the portions of this response form that exist for a specific purpose, e.g., attaching a specimen, are used for that purpose); Affidavit of Terry Adams has been attached.
Original PDF file:
evi_691563186-223517228_._Argument.pdf
Converted PDF file(s) (13 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Evidence-6
Evidence-7
Evidence-8
Evidence-9
Evidence-10
Evidence-11
Evidence-12
Evidence-13
Original PDF file:
evi_691563186-223517228_._Affidavit_of_Terry_Adams.pdf
Converted PDF file(s) (2 pages)
Evidence-1
Evidence-2

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant hereby deletes the following class of goods/services from the application.
Class 009 for WEB-BASED COMPUTER SOFTWARE FOR THE COLLECTION, PROCESSING, MANAGEMENT, EVALUATION AND JURYING BY THE SPONSORS OF JURIED ART SHOWS OF APPLICATIONS AND ASSOCIATED DIGITAL IMAGES OF ART WORK BY ARTISTS WHO SUBMIT APPLICATIONS AND ASSOCIATED DIGITAL IMAGES OF THEIR ART WORK AT AN ON-LINE WEB SITE ACCESSED THROUGH A GLOBAL COMPUTER NETWORK FOR THE PURPOSE OF APPLYING FOR ENTRY INTO A JURIED ART SHOW; WEB-BASED COMPUTER SOFTWARE FOR THE COLLECTION, PROCESSING, MANAGEMENT, EVALUATION AND JURYING BY THE SPONSORS OF JURIED ARTS AND CRAFTS SHOWS OF APPLICATIONS AND ASSOCIATED DIGITAL IMAGES OF ARTS AND CRAFTS WORK BY ARTISTS AND CRAFTERS WHO SUBMIT APPLICATIONS AND ASSOCIATED DIGITAL IMAGES OF THEIR ARTS AND CRAFTS WORK AT AN ON-LINE WEB SITE ACCESSED THROUGH A GLOBAL COMPUTER NETWORK FOR THE PURPOSE OF APPLYING FOR ENTRY INTO A JURIED ARTS AND CRAFTS SHOW

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 035 for ART SHOW MANAGEMENT SERVICES, NAMELY PROVIDING AN ON-LINE WEB SITE ACCESSED THROUGH A GLOBAL COMPUTER NETWORK AT WHICH SPONSORS OF ART SHOWS CAN COLLECT, PROCESS, MANAGE, EVALUATE AND JURY APPLICATIONS FROM ARTISTS FOR ENTRY INTO JURIED ART SHOWS AND ARTISTS CAN COMPLETE APPLICATIONS AND UPLOAD DIGITAL IMAGES OF THEIR ART WORK FOR SUBMISSION TO SPONSORS OF JURIED ART SHOWS; ARTS AND CRAFTS SHOW MANAGEMENT SERVICES, NAMELY PROVIDING AN ON-LINE WEB SITE ACCESSED THROUGH A GLOBAL COMPUTER NETWORK AT WHICH SPONSORS OF ARTS AND CRAFTS SHOWS CAN COLLECT, PROCESS, MANAGE, EVALUATE AND JURY APPLICATIONS FROM ARTISTS AND CRAFTERS FOR ENTRY INTO JURIED ARTS AND CRAFTS SHOWS AND ARTISTS AND CRAFTERS CAN COMPLETE APPLICATIONS AND UPLOAD DIGITAL IMAGES OF THEIR ARTS AND CRAFTS WORK FOR SUBMISSION TO SPONSORS OF JURIED ARTS AND CRAFTS SHOWS
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 04/27/2004 and first used in commerce at least as early as 08/00/2004, and is now in use in such commerce.

Proposed:
Tracked Text Description: ART SHOW MANAGEMENT SERVICES, NAMELY PROVIDING AN ON-LINE WEB SITE ACCESSED THROUGH A GLOBAL COMPUTER NETWORK AT WHICH SPONSORS OF ART SHOWS CAN COLLECT, PROCESS, MANAGE, EVALUATE AND JURY APPLICATIONS FROM ARTISTS FOR ENTRY INTO JURIED ART SHOWS AND ARTISTS CAN COMPLETE APPLICATIONS AND UPLOAD DIGITAL IMAGES OF THEIR ART WORK FOR SUBMISSION TO SPONSORS OF JURIED ART SHOWS; ART SHOW MANAGEMENT SERVICES CONSISTING OF THE REGISTRATION OF APPLICATIONS FOR ENTRY INTO JURIED ART SHOWS AND JURIED ARTS AND CRAFTS SHOWS AND THE COMPILATION OF THOSE REGISTRATIONS BY PROVIDING AN ON-LINE WEB SITE ACCESSED THROUGH A GLOBAL COMPUTER NETWORK AT WHICH SPONSORS OF ART SHOWS CAN COLLECT, PROCESS, MANAGE, EVALUATE AND JURY APPLICATIONS FROM ARTISTS FOR ENTRY INTO JURIED ART SHOWS AND ARTISTS CAN COMPLETE APPLICATIONS AND UPLOAD DIGITAL IMAGES OF THEIR ART WORK FOR SUBMISSION TO SPONSORS OF JURIED ART SHOWS; ARTS AND CRAFTS SHOW MANAGEMENT SERVICES, NAMELY PROVIDING AN ON-LINE WEB SITE ACCESSED THROUGH A GLOBAL COMPUTER NETWORK AT WHICH SPONSORS OF ARTS AND CRAFTS SHOWS CAN COLLECT, PROCESS, MANAGE, EVALUATE AND JURY APPLICATIONS FROM ARTISTS AND CRAFTERS FOR ENTRY INTO JURIED ARTS AND CRAFTS SHOWS AND ARTISTS AND CRAFTERS CAN COMPLETE APPLICATIONS AND UPLOAD DIGITAL IMAGES OF THEIR ARTS AND CRAFTS WORK FOR SUBMISSION TO SPONSORS OF JURIED ARTS AND CRAFTS SHOWSClass 035 for ART SHOW MANAGEMENT SERVICES CONSISTING OF THE REGISTRATION OF APPLICATIONS FOR ENTRY INTO JURIED ART SHOWS AND JURIED ARTS AND CRAFTS SHOWS AND THE COMPILATION OF THOSE REGISTRATIONS BY PROVIDING AN ON-LINE WEB SITE ACCESSED THROUGH A GLOBAL COMPUTER NETWORK AT WHICH SPONSORS OF ART SHOWS CAN COLLECT, PROCESS, MANAGE, EVALUATE AND JURY APPLICATIONS FROM ARTISTS FOR ENTRY INTO JURIED ART SHOWS AND ARTISTS CAN COMPLETE APPLICATIONS AND UPLOAD DIGITAL IMAGES OF THEIR ART WORK FOR SUBMISSION TO SPONSORS OF JURIED ART SHOWS; ARTS AND CRAFTS SHOW MANAGEMENT SERVICES, NAMELY PROVIDING AN ON-LINE WEB SITE ACCESSED THROUGH A GLOBAL COMPUTER NETWORK AT WHICH SPONSORS OF ARTS AND CRAFTS SHOWS CAN COLLECT, PROCESS, MANAGE, EVALUATE AND JURY APPLICATIONS FROM ARTISTS AND CRAFTERS FOR ENTRY INTO JURIED ARTS AND CRAFTS SHOWS AND ARTISTS AND CRAFTERS CAN COMPLETE APPLICATIONS AND UPLOAD DIGITAL IMAGES OF THEIR ARTS AND CRAFTS WORK FOR SUBMISSION TO SPONSORS OF JURIED ARTS AND CRAFTS SHOWS
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 04/27/2004 and first used in commerce at least as early as 08/00/2004, and is now in use in such commerce.
Applicant hereby submits a new specimen for Class 035. The specimen(s) submitted consists of An advertisement-mailing circular sent through the U.S. Mails to promote applicant's art show management services.
For an application based on 1(a), Use in Commerce, "The substitute specimen(s) was in use in commerce as of the filing date of the application."
Original PDF file:
SPU1-691563186-223517228_._Class_35_specimen.advertiz.pdf
Converted PDF file(s) (2 pages)
Specimen File1
Specimen File2

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 042 for APPLICATION SERVICE PROVIDER (ASP), NAMELY PROVIDING, HOSTING, MANAGING, DEVELOPING AND MAINTAINING APPLICATIONS, SOFTWARE, WEB SITES, AND DATABASES IN THE FIELD OF ART SHOW MANAGEMENT FOR USE BY SPONSORS OF ART SHOWS TO COLLECT, PROCESS, MANAGE, EVALUATE AND JURY APPLICATIONS FROM ARTISTS FOR ENTRY INTO JURIED ART SHOWS AND BY ARTISTS TO COMPLETE APPLICATIONS AND UPLOAD DIGITAL IMAGES OF THEIR ART WORK FOR SUBMISSION TO THE SPONSORS OF JURIED ART SHOWS; APPLICATION SERVICE PROVIDER (ASP), NAMELY PROVIDING, HOSTING, MANAGING, DEVELOPING AND MAINTAINING APPLICATIONS, SOFTWARE, WEB SITES, AND DATABASES IN THE FIELD OF ARTS AND CRAFTS SHOW MANAGEMENT FOR USE BY SPONSORS OF ARTS AND CRAFTS TO COLLECT, PROCESS, MANAGE, EVALUATE AND JURY APPLICATIONS FROM ARTISTS AND CRAFTERS FOR ENTRY INTO JURIED ARTS AND CRAFTS SHOWS AND BY ARTISTS AND CRAFTERS TO COMPLETE APPLICATIONS AND UPLOAD DIGITAL IMAGES OF THEIR ARTS AND CRAFTS WORK FOR SUBMISSION TO THE SPONSORS OF JURIED ARTS AND CRAFTS SHOWS
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 04/27/2004 and first used in commerce at least as early as 08/00/2004, and is now in use in such commerce.

Proposed:
Tracked Text Description: PROVIDING A WEBSITE FEATURING TEMPORARY USE OF NON-DOWNLOADABLE COMPUTER SOFTWARE FOR THE COLLECTION, PROCESSING, MANAGEMENT, EVALUATION AND JURYING BY THE SPONSORS OF JURIED ART SHOWS OF APPLICATIONS AND ASSOCIATED DIGITAL IMAGES OF ART WORK SUBMITTED BY ARTISTS THROUGH AN ON-LINE WEB SITE ACCESSED VIA A GLOBAL COMPUTER NETWORK FOR THE PURPOSE OF APPLYING FOR ENTRY INTO A JURIED ART SHOW; PROVIDING A WEBSITE FEATURING TEMPORARY USE OF NON-DOWNLOADABLE COMPUTER SOFTWARE FOR THE COLLECTION, PROCESSING, MANAGEMENT, EVALUATION AND JURYING BY THE SPONSORS OF JURIED ARTS AND CRAFTS SHOWS OF APPLICATIONS AND ASSOCIATED DIGITAL IMAGES OF ARTS AND CRAFTS WORK SUBMITTED BY ARTISTS AND CRAFTERS THROUGH ON-LINE WEB SITE ACCESSED VIA A GLOBAL COMPUTER NETWORK FOR THE PURPOSE OF APPLYING FOR ENTRY INTO A JURIED ARTS AND CRAFTS SHOW; APPLICATION SERVICE PROVIDER (ASP), NAMELY PROVIDING, HOSTING, MANAGING, DEVELOPING AND MAINTAINING APPLICATIONS, SOFTWARE, WEB SITES, AND DATABASES IN THE FIELD OF ART SHOW MANAGEMENT FOR USE BY SPONSORS OF ART SHOWS TO COLLECT, PROCESS, MANAGE, EVALUATE AND JURY APPLICATIONS FROM ARTISTS FOR ENTRY INTO JURIED ART SHOWS AND BY ARTISTS TO COMPLETE APPLICATIONS AND UPLOAD DIGITAL IMAGES OF THEIR ART WORK FOR SUBMISSION TO THE SPONSORS OF JURIED ART SHOWS; APPLICATION SERVICE PROVIDER (ASP), NAMELY PROVIDING, HOSTING, MANAGING, DEVELOPING AND MAINTAINING APPLICATIONS, SOFTWARE, WEB SITES, AND DATABASES IN THE FIELD OF ARTS AND CRAFTS SHOW MANAGEMENT FOR USE BY SPONSORS OF ARTS AND CRAFTS TO COLLECT, PROCESS, MANAGE, EVALUATE AND JURY APPLICATIONS FROM ARTISTS AND CRAFTERS FOR ENTRY INTO JURIED ARTS AND CRAFTS SHOWS AND BY ARTISTS AND CRAFTERS TO COMPLETE APPLICATIONS AND UPLOAD DIGITAL IMAGES OF THEIR ARTS AND CRAFTS WORK FOR SUBMISSION TO THE SPONSORS OF JURIED ARTS AND CRAFTS SHOWSClass 042 for PROVIDING A WEBSITE FEATURING TEMPORARY USE OF NON-DOWNLOADABLE COMPUTER SOFTWARE FOR THE COLLECTION, PROCESSING, MANAGEMENT, EVALUATION AND JURYING BY THE SPONSORS OF JURIED ART SHOWS OF APPLICATIONS AND ASSOCIATED DIGITAL IMAGES OF ART WORK SUBMITTED BY ARTISTS THROUGH AN ON-LINE WEB SITE ACCESSED VIA A GLOBAL COMPUTER NETWORK FOR THE PURPOSE OF APPLYING FOR ENTRY INTO A JURIED ART SHOW; PROVIDING A WEBSITE FEATURING TEMPORARY USE OF NON-DOWNLOADABLE COMPUTER SOFTWARE FOR THE COLLECTION, PROCESSING, MANAGEMENT, EVALUATION AND JURYING BY THE SPONSORS OF JURIED ARTS AND CRAFTS SHOWS OF APPLICATIONS AND ASSOCIATED DIGITAL IMAGES OF ARTS AND CRAFTS WORK SUBMITTED BY ARTISTS AND CRAFTERS THROUGH ON-LINE WEB SITE ACCESSED VIA A GLOBAL COMPUTER NETWORK FOR THE PURPOSE OF APPLYING FOR ENTRY INTO A JURIED ARTS AND CRAFTS SHOW; APPLICATION SERVICE PROVIDER (ASP), NAMELY PROVIDING, HOSTING, MANAGING, DEVELOPING AND MAINTAINING APPLICATIONS, SOFTWARE, WEB SITES, AND DATABASES IN THE FIELD OF ART SHOW MANAGEMENT FOR USE BY SPONSORS OF ART SHOWS TO COLLECT, PROCESS, MANAGE, EVALUATE AND JURY APPLICATIONS FROM ARTISTS FOR ENTRY INTO JURIED ART SHOWS AND BY ARTISTS TO COMPLETE APPLICATIONS AND UPLOAD DIGITAL IMAGES OF THEIR ART WORK FOR SUBMISSION TO THE SPONSORS OF JURIED ART SHOWS; APPLICATION SERVICE PROVIDER (ASP), NAMELY PROVIDING, HOSTING, MANAGING, DEVELOPING AND MAINTAINING APPLICATIONS, SOFTWARE, WEB SITES, AND DATABASES IN THE FIELD OF ARTS AND CRAFTS SHOW MANAGEMENT FOR USE BY SPONSORS OF ARTS AND CRAFTS TO COLLECT, PROCESS, MANAGE, EVALUATE AND JURY APPLICATIONS FROM ARTISTS AND CRAFTERS FOR ENTRY INTO JURIED ARTS AND CRAFTS SHOWS AND BY ARTISTS AND CRAFTERS TO COMPLETE APPLICATIONS AND UPLOAD DIGITAL IMAGES OF THEIR ARTS AND CRAFTS WORK FOR SUBMISSION TO THE SPONSORS OF JURIED ARTS AND CRAFTS SHOWS
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 04/27/2004 and first used in commerce at least as early as 08/00/2004, and is now in use in such commerce.
SIGNATURE(S)
Declaration Signature
If the applicant is seeking registration under Section 1(b) and/or Section 44 of the Trademark Act, the applicant has 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); and/or the applicant has had a bona fide intention to exercise legitimate control over the use of the mark in commerce by its members. 37 C.F. R. Sec. 2.44. 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); and/or the applicant has exercised legitimate control over the use of the mark in commerce by its members. 37 C.F.R. Sec. 244. 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: /howard m. haenel/      Date: 03/11/2009
Signatory's Name: Howard M. Haenel
Signatory's Position: Attorney of record

Response Signature
Signature: /howard m. haenel/     Date: 03/11/2009
Signatory's Name: Howard M. Haenel
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.

        
Serial Number: 77488023
Internet Transmission Date: Wed Mar 11 22:57:34 EDT 2009
TEAS Stamp: USPTO/ROA-XX.XX.XX.XXX-20090311225734327
382-77488023-430fae64ca6cff45f9f13ff1934
1f626572-N/A-N/A-20090311223517228237