PTO Form (Rev 4/2000) |
OMB No. 0651-.... (Exp. 08/31/2004) |
Request for Reconsideration after Final Action
The table below presents the data as entered.
Input Field
|
Entered
|
SERIAL NUMBER |
77803104 |
LAW OFFICE ASSIGNED |
LAW OFFICE 102 |
MARK SECTION (no change) |
GOODS AND/OR SERVICES SECTION (current) |
INTERNATIONAL CLASS |
041 |
DESCRIPTION |
entertainment services in the nature of providing downloadable video games provided to subscribers by means of cable television and via
the internet |
FILING BASIS |
Section 1(a) |
FIRST USE ANYWHERE DATE |
At least as early as 01/01/2009 |
FIRST USE IN COMMERCE DATE |
At least as early as 01/01/2009 |
GOODS AND/OR SERVICES SECTION (proposed) |
INTERNATIONAL CLASS |
041 |
DESCRIPTION |
Entertainment services in the nature of providing temporary use of non-downloadable video games provided to subscribers by means of
cable television and via the internet |
FILING BASIS |
Section 1(a) |
FIRST USE ANYWHERE DATE |
At least as early as 01/01/2009 |
FIRST USE IN COMMERCE DATE |
At least as early as 01/01/2009 |
SIGNATURE SECTION |
DECLARATION SIGNATURE |
/Mark A. Nieds/ |
SIGNATORY'S NAME |
Mark A. Nieds |
SIGNATORY'S POSITION |
Attorney of Record, Illinois Bar Member |
DATE SIGNED |
06/24/2010 |
RESPONSE SIGNATURE |
/Mark A. Nieds/ |
SIGNATORY'S NAME |
Mark A. Nieds |
SIGNATORY'S POSITION |
Attorney of Record, Illinois Bar Member |
DATE SIGNED |
06/24/2010 |
AUTHORIZED SIGNATORY |
YES |
CONCURRENT APPEAL NOTICE FILED |
NO |
FILING INFORMATION SECTION |
SUBMIT DATE |
Thu Jun 24 18:21:26 EDT 2010 |
TEAS STAMP |
USPTO/RFR-XX.XX.XXX.XX-20
100624182126918408-778031
04-4608262b7e58095103a3ed
a7f047f771e1-N/A-N/A-2010
0624181622087204 |
PTO Form (Rev 4/2000) |
OMB No. 0651-.... (Exp. 08/31/2004) |
Request for Reconsideration after Final Action
To the Commissioner for Trademarks:
Application serial no.
77803104 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 in the nature of providing downloadable video games provided to subscribers by means of cable television and via the internet
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 01/01/2009 and first used in commerce at least as early as 01/01/2009, and is
now in use in such commerce.
Proposed: Class 041 for Entertainment services in the nature of providing temporary use of non-downloadable video games provided to subscribers by means of cable television and via the
internet
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 01/01/2009 and first used in commerce at least as early as 01/01/2009, 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 and/or services listed in the application as of the application filing
date or as of the date of any submitted allegation of use. 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. Section1001, 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. Section1051(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: /Mark A. Nieds/ Date: 06/24/2010
Signatory's Name: Mark A. Nieds
Signatory's Position: Attorney of Record, Illinois Bar Member
Request for Reconsideration Signature
Signature: /Mark A. Nieds/ Date: 06/24/2010
Signatory's Name: Mark A. Nieds
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.
The applicant is not filing a Notice of Appeal in conjunction with this Request for Reconsideration.
Serial Number: 77803104
Internet Transmission Date: Thu Jun 24 18:21:26 EDT 2010
TEAS Stamp: USPTO/RFR-XX.XX.XXX.XX-20100624182126918
408-77803104-4608262b7e58095103a3eda7f04
7f771e1-N/A-N/A-20100624181622087204