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. 77813037 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 009 for MP3 players; MP4 players; digital audio players and recorders which use integrated circuits as recording media; audio tape players and recorders; audio disc players and recorders; hard disc audio players and recorders; radio tuners; audio receivers; television receivers; liquid crystal display (LCD) televisions; plasma display panel (PDP) televisions; liquid crystal displays; liquid crystal display projectors; video tape players and recorders; video disc players and recorders; hard disc video players and recorders; set top boxes; video cameras; video cameras combined with video recorders and players; digital still cameras; cellular telephones; facsimile machines; personal digital assistants (PDAs); personal computers; scanners; computer printers; video game machines for use with televisions; computer application software for use in playing, recording and editing sound, image and data signals; computer application software for use in managing collections of sound, image and data signals on computer disc drives and computer software
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: Class 009 for MP3 players; MP4 players; digital audio players and recorders which use integrated circuits as recording media; audio tape players and recorders; audio disc players and recorders; hard disc audio players and recorders; radio tuners; audio receivers; television receivers; liquid crystal display (LCD) televisions; plasma display panel (PDP) televisions; liquid crystal displays; liquid crystal display projectors; video tape players and recorders; video disc players and recorders; hard disc video players and recorders; set top boxes; video cameras; video cameras combined with video recorders and players; digital still cameras; cellular telephones; facsimile machines; personal digital assistants (PDAs); personal computers; scanners; computer printers; video game machines for use with televisions; computer application software for use in playing, recording and editing sound, image and data signals; computer application software for use in managing collections of sound, image and data signals on computer disc drives and computer software
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 028 for Portable video game machines
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: Portable video game machines; portable stand alone video game machinesClass 028 for portable stand alone video game machines
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 035 for operating an on-line shopping mall with links to the retail web sites of others; advertising services, namely, distribution and dissemination of advertising materials; provision of commercial information in the field of transactions of general merchandise and general consumer goods; business management and advice; market research; computerized file management; dissemination of advertising for others via an online communications network on the Internet; providing business information via website; file sharing and information portal in the field of e-commerce
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: operating an on-line shopping mall with links to the retail web sites of others; promoting the goods and services of others by means of operating an on-line shopping mall; advertising services, namely, distribution and dissemination of advertising materials; provision of commercial information in the field of transactions of general merchandise and general consumer goods; business management and advice; market research; computerized file management; dissemination of advertising for others via an online communications network on the Internet; providing business information via website; file sharing and information portal in the field of e-commerceClass 035 for promoting the goods and services of others by means of operating an on-line shopping mall; advertising services, namely, distribution and dissemination of advertising materials; provision of commercial information in the field of transactions of general merchandise and general consumer goods; business management and advice; market research; computerized file management; dissemination of advertising for others via an online communications network on the Internet; providing business information via website; file sharing and information portal in the field of e-commerce
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 Game services provided on-line from a computer network; entertainment services, namely, providing on-line computer games, music, video and related information; rental of audio equipment; online distribution of music, image or video; providing on-line electronic publications, not downloadable; online distribution of radio and television programs
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: Game services provided on-line from a computer network; Game services, namely, providing on-line video games from a computer network; entertainment services, namely, providing on-line computer games, music, video and related information; providing on-line computer games; providing non-downloadable prerecorded music and video via a computer network; online distribution of music, image or video; providing information relating to computer games, music and video via a computer network; providing on-line electronic publications, not downloadable; rental of audio equipment; online distribution of radio and television programs; entertainment services, namely, providing online non-downloadable prerecorded music; entertainment services, namely, providing a web site featuring musical performances, musical videos, and related film clips and photographs; providing temporary use of non-downloadable video games; providing on-line electronic publications, not downloadable, such as pamphlets, brochures, newsletters, journals, and magazines relating to any and all subjects; entertainment services, namely, providing ongoing television and radio programs of any and all kinds.Class 041 for Game services, namely, providing on-line video games from a computer network; providing on-line computer games; providing non-downloadable prerecorded music and video via a computer network; providing information relating to computer games, music and video via a computer network; rental of audio equipment; entertainment services, namely, providing online non-downloadable prerecorded music; entertainment services, namely, providing a web site featuring musical performances, musical videos, and related film clips and photographs; providing temporary use of non-downloadable video games; providing on-line electronic publications, not downloadable, such as pamphlets, brochures, newsletters, journals, and magazines relating to any and all subjects; entertainment services, namely, providing ongoing television and radio programs of any and all kinds.
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
Significance of wording, letter(s), or numeral(s)
QRIO appearing in the mark has no significance in the relevant trade or industry or as applied to the goods/services listed in the application, or any geographical significance.

SIGNATURE(S)
Response Signature
Signature: /Robert B.G. Horowitz/     Date: 05/28/2010
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: 77813037
Internet Transmission Date: Fri May 28 10:05:28 EDT 2010
TEAS Stamp: USPTO/ROA-XX.XXX.XX.XX-20100528100528099
079-77813037-4601cd82c8385906a7f17147397
564e4f3-N/A-N/A-20100528094854154422