| 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 |
77713806 |
| LAW OFFICE ASSIGNED |
LAW OFFICE 102 |
| MARK SECTION (no change) |
| ARGUMENT(S) |
| Attached as evidence is an argument relating to the Section 2(d). In addition, the Examiner has referenced informatino regarding Serial No.
77232262 and 77232390. Note that those applications are owned by the applicant, and therefore the reference to these as possibly conflicting citations should be removed. |
| EVIDENCE SECTION |
| EVIDENCE FILE NAME(S) |
| ORIGINAL PDF FILE |
evi_6315017294-181150390_._EXPLORE.__Response_to_office_action.pdf |
CONVERTED PDF FILE(S)
(4 pages) |
\\TICRS\EXPORT9\IMAGEOUT9\777\138\77713806\xml1\ROA0002.JPG |
| |
\\TICRS\EXPORT9\IMAGEOUT9\777\138\77713806\xml1\ROA0003.JPG |
| |
\\TICRS\EXPORT9\IMAGEOUT9\777\138\77713806\xml1\ROA0004.JPG |
| |
\\TICRS\EXPORT9\IMAGEOUT9\777\138\77713806\xml1\ROA0005.JPG |
| ORIGINAL PDF FILE |
evi_6315017294-181150390_._Education_World____State_Standards.pdf |
CONVERTED PDF FILE(S)
(1 page) |
\\TICRS\EXPORT9\IMAGEOUT9\777\138\77713806\xml1\ROA0006.JPG |
| ORIGINAL PDF FILE |
evi_6315017294-181150390_._NEA_-_Background.pdf |
CONVERTED PDF FILE(S)
(2 pages) |
\\TICRS\EXPORT9\IMAGEOUT9\777\138\77713806\xml1\ROA0007.JPG |
| |
\\TICRS\EXPORT9\IMAGEOUT9\777\138\77713806\xml1\ROA0008.JPG |
| DESCRIPTION OF EVIDENCE FILE |
Argument against 2(d) refusal, plus two documents referenced in the refusal |
| GOODS AND/OR SERVICES SECTION (009)(current) |
| INTERNATIONAL CLASS |
009 |
| DESCRIPTION |
| Series of pre-recorded electronic media, DVDs, compact discs, video discs, CD-ROMs, and digital video and audio files featuring
entertainment and educational topics relating to history, culture, wildlife, nature, exploration and adventure |
| FILING BASIS |
Section 1(b) |
| GOODS AND/OR SERVICES SECTION (009)(proposed) |
| INTERNATIONAL CLASS |
009 |
| TRACKED TEXT DESCRIPTION |
Series of pre-recorded electronic media, DVDs, compact discs, video discs, CD-ROMs, and digital video
and audio files featuring entertainment and educational topics relating to history, culture, wildlife, nature, exploration and adventure; Series of pre-recorded
electronic media, namely, DVDs, compact discs, video discs, CD-ROMs, and downloadable digital video and audio files featuring entertainment and educational topics relating to history, culture,
wildlife, nature, exploration and adventure |
| FINAL DESCRIPTION |
| Series of pre-recorded electronic media, namely, DVDs, compact discs, video discs, CD-ROMs, and downloadable digital video and audio
files featuring entertainment and educational topics relating to history, culture, wildlife, nature, exploration and adventure |
| FILING BASIS |
Section 1(b) |
| GOODS AND/OR SERVICES SECTION (041)(current) |
| INTERNATIONAL CLASS |
041 |
| DESCRIPTION |
| Production of television programs; production and distribution of cable television programs; entertainment services in the nature of an
on-going television series featuring non-fiction content; entertainment services, namely, production, distribution and rental of motion picture films featuring non-fiction content, news and stories,
music, comedy or drama; providing information via a global communications network in the fields of facts regarding science, natural history, natural science, geography, the environment, geology,
anthropology, zoology, botany, social studies, history, world cultures, news and stories, games, video, television programs, and motion pictures |
| FILING BASIS |
Section 1(b) |
| GOODS AND/OR SERVICES SECTION (041)(proposed) |
| INTERNATIONAL CLASS |
041 |
| TRACKED TEXT DESCRIPTION |
Production of television programs; production and distribution of cable
television programs; production and distribution of cable television programs for others; entertainment services in the
nature of an on-going television series featuring non-fiction content; entertainment services in the nature of an on-going television series featuring
non-fiction content, namely, science, natural history, natural science, geography, the environment, geology, anthropology, zoology, botany, social studies, history, world cultures, news stories, and
games, provided through television and webcasts; entertainment services, namely, production, distribution and rental of motion picture films featuring
non-fiction content, news and stories, music, comedy or drama; entertainment services, namely, production, distribution and rental of motion picture films
featuring non-fiction content, namely, news stories, music, comedy or drama; providing information via a global communications network in the fields of facts
regarding science, natural history, natural science, geography, the environment, geology, anthropology, zoology, botany, social studies, history, world cultures, news and stories, games, video,
television programs, and motion pictures; providing information via a global communications network in the fields of science, natural history, natural science,
geography, the environment, geology, anthropology, zoology, botany, social studies, history, world cultures, news stories, and games. |
| FINAL DESCRIPTION |
| Production of television programs; production and distribution of cable television programs for others ; entertainment services in the
nature of an on-going television series featuring non-fiction content, namely, science, natural history, natural science, geography, the environment, geology, anthropology, zoology, botany, social
studies, history, world cultures, news stories, and games, provided through television and webcasts; entertainment services, namely, production, distribution and rental of motion picture films
featuring non-fiction content, namely, news stories, music, comedy or drama; providing information via a global communications network in the fields of science, natural history, natural science,
geography, the environment, geology, anthropology, zoology, botany, social studies, history, world cultures, news stories, and games. |
| FILING BASIS |
Section 1(b) |
| SIGNATURE SECTION |
| RESPONSE SIGNATURE |
/TWM/ |
| SIGNATORY'S NAME |
Theresa W. Middlebrook |
| SIGNATORY'S POSITION |
Counsel of Record, CA Bar Member |
| DATE SIGNED |
01/08/2010 |
| AUTHORIZED SIGNATORY |
YES |
| FILING INFORMATION SECTION |
| SUBMIT DATE |
Fri Jan 08 18:22:45 EST 2010 |
| TEAS STAMP |
USPTO/ROA-XX.XXX.XXX.XX-2
0100108182245208117-77713
806-4608b1d88686326a15b89
9b243a7dbeefd7-N/A-N/A-20
100108181150390544 |
| 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.
77713806 has been amended as follows:
ARGUMENT(S)
In response to the substantive refusal(s), please note the following:
Attached as evidence is an argument relating to the Section 2(d). In addition, the Examiner has referenced informatino regarding Serial No. 77232262 and 77232390. Note that those
applications are owned by the applicant, and therefore the reference to these as possibly conflicting citations should be removed.
EVIDENCE
Evidence in the nature of Argument against 2(d) refusal, plus two documents referenced in the refusal has been attached.
Original PDF file:
evi_6315017294-181150390_._EXPLORE.__Response_to_office_action.pdf
Converted PDF file(s) (4 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Original PDF file:
evi_6315017294-181150390_._Education_World____State_Standards.pdf
Converted PDF file(s) (1 page)
Evidence-1
Original PDF file:
evi_6315017294-181150390_._NEA_-_Background.pdf
Converted PDF file(s) (2 pages)
Evidence-1
Evidence-2
CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 009 for Series of pre-recorded electronic media, DVDs, compact discs, video discs, CD-ROMs, and digital video and audio files featuring entertainment and educational topics
relating to history, culture, wildlife, nature, exploration and adventure
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: Series of pre-recorded electronic media, DVDs, compact discs, video discs, CD-ROMs, and digital video and audio files featuring
entertainment and educational topics relating to history, culture, wildlife, nature, exploration and adventure;
Series of pre-recorded electronic media, namely,
DVDs, compact discs, video discs, CD-ROMs, and downloadable digital video and audio files featuring entertainment and educational topics relating to history, culture, wildlife, nature, exploration
and adventureClass 009 for Series of pre-recorded electronic media, namely, DVDs, compact discs, video discs, CD-ROMs, and downloadable digital video and audio files featuring entertainment and
educational topics relating to history, culture, wildlife, nature, exploration and adventure
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)).
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 041 for Production of television programs; production and distribution of cable television programs; entertainment services in the nature of an on-going television series
featuring non-fiction content; entertainment services, namely, production, distribution and rental of motion picture films featuring non-fiction content, news and stories, music, comedy or drama;
providing information via a global communications network in the fields of facts regarding science, natural history, natural science, geography, the environment, geology, anthropology, zoology,
botany, social studies, history, world cultures, news and stories, games, video, television programs, and motion pictures
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: Production of television programs;
production and distribution of cable television programs;
production and distribution of cable television programs for others;
entertainment services in the nature of an on-going
television series featuring non-fiction content;
entertainment services in the nature of an on-going television series featuring non-fiction content, namely,
science, natural history, natural science, geography, the environment, geology, anthropology, zoology, botany, social studies, history, world cultures, news stories, and games, provided through
television and webcasts;
entertainment services, namely, production, distribution and rental of motion picture films featuring non-fiction content, news and
stories, music, comedy or drama;
entertainment services, namely, production, distribution and rental of motion picture films featuring non-fiction content,
namely, news stories, music, comedy or drama;
providing information via a global communications network in the fields of facts regarding science, natural
history, natural science, geography, the environment, geology, anthropology, zoology, botany, social studies, history, world cultures, news and stories, games, video, television programs, and motion
pictures;
providing information via a global communications network in the fields of science, natural history, natural science, geography, the environment,
geology, anthropology, zoology, botany, social studies, history, world cultures, news stories, and games.Class 041 for Production of television programs; production and distribution of cable
television programs for others ; entertainment services in the nature of an on-going television series featuring non-fiction content, namely, science, natural history, natural science, geography, the
environment, geology, anthropology, zoology, botany, social studies, history, world cultures, news stories, and games, provided through television and webcasts; entertainment services, namely,
production, distribution and rental of motion picture films featuring non-fiction content, namely, news stories, music, comedy or drama; providing information via a global communications network in
the fields of science, natural history, natural science, geography, the environment, geology, anthropology, zoology, botany, social studies, history, world cultures, news stories, and games.
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)).
SIGNATURE(S)
Response Signature
Signature: /TWM/ Date: 01/08/2010
Signatory's Name: Theresa W. Middlebrook
Signatory's Position: Counsel of Record, CA 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: 77713806
Internet Transmission Date: Fri Jan 08 18:22:45 EST 2010
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XX-2010010818224520
8117-77713806-4608b1d88686326a15b899b243
a7dbeefd7-N/A-N/A-20100108181150390544
