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. 77910118 has been amended as follows:

MARK
Applicant proposes to amend the mark as follows:
Current: TING (Stylized and/or with Design)
Color is not claimed as a feature of the mark.
The mark consists of alien robot.

Proposed: (Stylized and/or with Design, see mark)


The color(s) Color is not claimed as a feature of the mark is/are claimed as a feature of the mark.

The mark consists of alien robot.

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 009 for Video and computer games and motion picture films about a caveman character "JUMA" and an alien character 'TING"
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: Video and computer games and motion picture films about a caveman character "JUMA" and an alien character 'TING"; Video game software, computer game programs and motion picture films about a caveman character "JUMA" and an alien character 'TING"Class 009 for Video game software, computer game programs and motion picture films about a caveman character "JUMA" and an alien character 'TING"
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 Toys, namely, toy vehicles, toy action figures and accessories for use therewith; dolls, doll clothing and doll accessories; children's and infants' multiple activity toys; plush toys; stuffed toys; plastic and vinyl toy characters and toy animals; toy figures; puzzles; board, parlor, skill and action card and role-playing games; toy sporting equipment, namely footballs, baseballs, soccer balls, basketballs and volley balls
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: Toys, namely, toy vehicles, toy action figures and accessories for use therewith; dolls, doll clothing and doll accessories; dolls, doll clothing and doll accessories, namely doll props and doll cases; children's and infants' multiple activity toys; plush toys; stuffed toys; plastic and vinyl toy characters and toy animals; toy figures; puzzles; board, parlor, skill and action card and role-playing games; board, parlor, action skill, card and role-playing games; toy sporting equipment, namely footballs, baseballs, soccer balls, basketballs and volley ballsClass 028 for Toys, namely, toy vehicles, toy action figures and accessories for use therewith; dolls, doll clothing and doll accessories, namely doll props and doll cases; children's and infants' multiple activity toys; plush toys; stuffed toys; plastic and vinyl toy characters and toy animals; toy figures; puzzles; board, parlor, action skill, card and role-playing games; toy sporting equipment, namely footballs, baseballs, soccer balls, basketballs and volley balls
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 Entertainment services, namely creation, production and distribution of animated and live action short and long motion picture films and television shows via cable, television broadcasts, video, compact disc, satellite, internet and wireless communications
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: Entertainment services, namely creation, production and distribution of animated and live action short and long motion picture films and television shows via cable, television broadcasts, video, compact disc, satellite, internet and wireless communications; Entertainment services, namely creation and production of animated, live action, short and long motion picture films and television shows; distribution of animated, live action, short and long motion picture films and television shows via cable, television broadcasts, video media, audio media in the nature of compact disc, satellite, internet and wireless communicationsClass 041 for Entertainment services, namely creation and production of animated, live action, short and long motion picture films and television shows; distribution of animated, live action, short and long motion picture films and television shows via cable, television broadcasts, video media, audio media in the nature of compact disc, satellite, internet and wireless communications
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
Please selete the prior description of the mark and substitute the following: The mark consists of an alien robot

SIGNATURE(S)
Response Signature
Signature: /Jann Moorhead/     Date: 06/01/2010
Signatory's Name: Jann Moorhead
Signatory's Position: Attorney of Record

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: 77910118
Internet Transmission Date: Tue Jun 01 20:11:57 EDT 2010
TEAS Stamp: USPTO/ROA-XX.XXX.XX.X-201006012011576872
29-77910118-460ecfe21e82e528a9d4fe0491c9
c4ebb57-N/A-N/A-20100601200503585483