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. 77598775 has been amended as follows:

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

The Office Action dated December 5, 2008 has been received and carefully reviewed.  The Hon. Trademark Attorney refused registration because of Registration No. 3191015 for ALTUS for "computer hardware, namely rackmount server hardware, specially configured for use with alternative operation systems, and instruction manuals sold therewith", reasoning the marks are identical and Sony's goods include "personal computers".  He also cited Registration No. 2641396 for ALTUS and design for "computer consulting services regarding high technologies such as advanced computer systems and networks", arguing that "personal computers" in Applicant's goods and the services in this registration are closely related. 

 

To overcome these Section 2(d) objections, Applicant has deleted "personal computers" from its goods.  The Hon. Trademark Attorney thus is requested to withdraw these objections and allow this application for publication

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 009 for Home theater system, namely, audio/video disc players/recorders, audio/video disc players/recorders equipped with Hard Disc Drives (HDDS), audio/video cassette players/recorders, audio/video tape players/recorders, television receivers, Liquid Crystal Display (LCD) projectors, personal computers, audio amplifiers, radio tuners and receivers, wireless speakers and wireless headphones; stereo systems comprised of digital audio players, stereo receivers, amplifiers, tuners, equalizers and speakers
Original Filing Basis:
Filing Basis: Section 1(b), Intent to Use: The applicant has 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. (15 U.S.C. Section 1051(b)).

Proposed:
Tracked Text Description: Home theater system, namely, audio/video disc players/recorders, audio/video disc players/recorders equipped with Hard Disc Drives (HDDS), audio/video cassette players/recorders, audio/video tape players/recorders, television receivers, Liquid Crystal Display (LCD) projectors, personal computers, audio amplifiers, radio tuners and receivers, wireless speakers and wireless headphones; Home theater system, namely, audio/video disc players/recorders, audio/video disc players/recorders equipped with Hard Disc Drives (HDDS), audio/video cassette players/recorders, audio/video tape players/recorders, television receivers, Liquid Crystal Display (LCD) projectors, audio amplifiers, radio tuners and receivers, wireless speakers and wireless headphones; stereo systems comprised of digital audio players, stereo receivers, amplifiers, tuners, equalizers and speakersClass 009 for Home theater system, namely, audio/video disc players/recorders, audio/video disc players/recorders equipped with Hard Disc Drives (HDDS), audio/video cassette players/recorders, audio/video tape players/recorders, television receivers, Liquid Crystal Display (LCD) projectors, audio amplifiers, radio tuners and receivers, wireless speakers and wireless headphones; stereo systems comprised of digital audio players, stereo receivers, amplifiers, tuners, equalizers and speakers
Filing Basis: Section 1(b), Intent to Use: The applicant has 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. (15 U.S.C. Section 1051(b)).

ADDITIONAL STATEMENTS
Claim of Prior Registration(s)
Applicant claims ownership of U.S. Registration Number(s) 3403654.

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: /Robert B.G. Horowitz/     Date: 04/17/2009
Signatory's Name: Robert B.G. Horowitz
Signatory's Position: Attorney for Applicant

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: 77598775
Internet Transmission Date: Fri Apr 17 11:19:16 EDT 2009
TEAS Stamp: USPTO/ROA-XX.XXX.XX.XX-20090417111916020
667-77598775-4307ad6d2cd54771f826d7e8022
ef911d29-N/A-N/A-20090417105511069336