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. 77867639 has been amended as follows:

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

Please see the actual argument text attached within the Evidence section.

EVIDENCE
Evidence in the nature of Argument Text; Ex. A: PDF of Wikipedia article on "wireframes" Ex. B-C: JPEGs of printouts from the Prior Pending Applications' website Ex. D: PDF of Wikipedia article on "mockingbirds"' Ex. E-G: PDFs of TESS information has been attached.
JPG file(s):
Evidence-1
Evidence-2
Original PDF file:
evi_1-2421516669-115438782_._MOCKINGBIRD_Response_Text.pdf
Converted PDF file(s) (6 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Evidence-6
Original PDF file:
evi_2421516669-115438782_._Exhibit_A.pdf
Converted PDF file(s) (2 pages)
Evidence-1
Evidence-2
Original PDF file:
evi_1-2421516669-115438782_._Exhibit_D.pdf
Converted PDF file(s) (2 pages)
Evidence-1
Evidence-2
Original PDF file:
evi_1-2421516669-115438782_._Exhibit_E.pdf
Converted PDF file(s) (2 pages)
Evidence-1
Evidence-2
Original PDF file:
evi_1-2421516669-115438782_._Exhibit_F.pdf
Converted PDF file(s) (1 page)
Evidence-1
Original PDF file:
evi_2421516669-115438782_._Exhibit_G.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 Computer software for creating and collaborating on prototypes for use in building websites, web software, and software on other platforms
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 11/03/2009 and first used in commerce at least as early as 11/03/2009, and is now in use in such commerce.

Proposed:
Tracked Text Description: Computer software for creating and collaborating on prototypes for use in building websites, web software, and software on other platforms; Providing on-line non-downloadable computer software for creating and collaborating on wireframes for use in building websites, web software, and software on other platformsClass 009 for Providing on-line non-downloadable computer software for creating and collaborating on wireframes for use in building websites, web software, and software on other platforms
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 11/03/2009 and first used in commerce at least as early as 11/03/2009, and is now in use in such commerce.
SIGNATURE(S)
Response Signature
Signature: /adam e schwartz/     Date: 06/11/2010
Signatory's Name: Adam E. Schwartz
Signatory's Position: Attorney of record, NY 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: 77867639
Internet Transmission Date: Fri Jun 11 12:11:14 EDT 2010
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XX-2010061112111452
0108-77867639-46008c6656465ffc1c55bfa296
7aeee4-N/A-N/A-20100611115438782817