| To: | Best Buy Enterprise Services, Inc. (aotrademark@fulbright.com) |
| Subject: | TRADEMARK APPLICATION NO. 77559242 - BEST BUY - BBUY:198-1 |
| Sent: | 11/7/2008 5:46:26 PM |
| Sent As: | ECOM109@USPTO.GOV |
| Attachments: |
UNITED STATES PATENT AND TRADEMARK OFFICE
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SERIAL NO: 77/559242
MARK: BEST BUY
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CORRESPONDENT ADDRESS: |
GENERAL TRADEMARK INFORMATION: http://www.gov.uspto.report/main/trademarks.htm
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APPLICANT: Best Buy Enterprise Services, Inc.
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CORRESPONDENT’S REFERENCE/DOCKET NO: BBUY:198-1
CORRESPONDENT E-MAIL ADDRESS: |
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EXAMINER’S AMENDMENT
ISSUE/MAILING DATE: 11/7/2008
OFFICE SEARCH: The examining attorney has searched the Office’s database of registered and pending marksand has found no conflicting marks thatwould bar registration under Trademark Act Section 2(d). 15 U.S.C. §1052(d); TMEP §704.02.
AMENDMENT: In accordance with the authorization granted by Chris Kindel on November 7, 2008, the application has been AMENDED as indicated below. Please advise the undersigned examining attorney immediately if there is an objection to the amendment. Otherwise, no response is necessary. TMEP §707.
If the identification of goods and/or services has been amended, please note that any future amendments must be in accordance with 37 C.F.R. §2.71(a) and TMEP §1402.07(e).
IDENTIFICATION OF SERVICES
The identification of services is amended to read as follows:
“Magnetic coded gift cards” in International Class 009.
“Retail store services and online retail store services in the field of consumer electronics, major household appliances, home theater equipment, photographic equipment, cellular phones, telecommunications products and services, information technology products, video equipment, audio equipment, portable electronic devices and related accessories, personal computers and other home office products, imaging equipment, digital equipment, video and electronic games, video and electronic game equipment and accessories, entertainment furniture, computer software, entertainment software, compact discs, digital versatile discs or DVDs, audio and video recordings, ring tones, gift cards, books, magazines batteries, automotive audio equipment; Provision of consumer product information and consumer advice relating to the foregoing; Promoting the sale of the goods and services of others through customer loyalty and incentive award programs for retail customers; Promoting the sale of credit card accounts through the administration of customer loyalty and incentive award programs for retail customers; Vending machine services via automated kiosks in the field of consumer electronics” in International Class 035.
“Credit card services; Pre-paid purchase card services, namely, processing electronic payments made through prepaid cards; Providing extended warranties on consumer electronics equipment and major household appliances” in International Class 036.
“Installation, maintenance, and repair of consumer electronics, major household appliances, home theater equipment, photographic equipment, cellular phones, telecommunications equipment, information technology equipment, video equipment, audio equipment, portable electronic devices and related accessories, personal computers and other home office equipment, imaging equipment, digital equipment, video game equipment and accessories, and automotive audio equipment” in International Class 037.
“Information and advisory services relating to telecommunications products and services; providing access to music, video, software and video and electronic game files via the Internet and other telecommunications networks; Electronic transmission of streamed and downloadable audio and video files via the Internet and other telecommunications networks” in International Class 038.
“Entertainment services, namely providing web sites and online databases featuring music, videos, ring tones, computer games, and other entertainment-related content; Providing online educational and entertainment publications, namely, reviews, articles, and product comparisons in the field of consumer electronics, major household appliances, home theater equipment, photographic equipment, cellular phones, telecommunications products and services, information technology products, video equipment, audio equipment, portable electronic devices and related accessories, personal computers and other home office products, imaging equipment, digital equipment, video and electronic games, video and electronic game equipment and accessories, entertainment furniture, computer software, entertainment software, compact discs, digital versatile discs or DVDs, audio and video recordings, ring tones, gift cards, books, magazines batteries, and automotive audio equipment” in International Class 041.
“Providing a web site featuring temporary use of non-downloadable software allowing web site users to upload on-line videos and photos for sharing with others; installation, maintenance, and repair of video and electronic game software” in International Class 042.
TMEP §1402.01(e).
ACQUIRED DISTINCTIVENESS IN PART
The following claim of acquired distinctiveness in part as to “BEST BUY” is added to the record:
The mark has become distinctive of the goods and/or services as evidenced by ownership of U.S. Registration No(s). 3416626 on the Principal Register for the same mark for related goods and/or services.
TMEP §1212.04(e); see 37 C.F.R. §2.41(b).
/Robert J. Struck/
Robert J. Struck
Trademark Examining Attorney
Law Office 109
Phone - (571) 272-1513
STATUS CHECK: Check the status of the application at least once every six months from the initial filing date using the USPTO Trademark Applications and Registrations Retrieval (TARR) online system at http://tarr.uspto.gov. When conducting an online status check, print and maintain a copy of the complete TARR screen. If the status of your application has not changed for more than six months, please contact the assigned examining attorney.