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. 77944244 has been amended as follows:

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

Atty. Dkt. No.: VWSI-29,836

Serial No.:                    77/944,244

Mark:                           VMP & Design

 

 

Response to Office Action

 

            This paper responds to the Office Action mailed June 3, 2010.

Significance of the Mark

 

            The Examining Attorney requires the applicant to specify whether “VMP” has any significance in the relevant trade or industry or as applied to the goods described in the application.

 

            In response, applicant states that “VMP” is not a term of art within applicant’s industry, and has no meaning or significance in the relevant industry.

 

Clarification of Identification of Goods

 

Per the Examining Attorney’s requirement, Applicant respectfully requests that the identification of goods be amended to:

           

Class 009: computer software, namely, software for management of digital media content including online video publishing, live video streaming, video-on-demand and digital asset management; computer software for controlling media encoders and storing, transcoding, and publishing media content of online video publishing; computer software for controlling media encoders and storing, transcoding, and publishing media content of live video streaming; computer software for controlling media encoders and storing, transcoding, and publishing media content of video-on-demand; computer software for controlling media encoders and storing, transcoding, and publishing media content of digital asset management

Conclusion

            Based on the foregoing amendments and arguments, Applicant respectfully submits that the present application is now in condition for a Notice of Allowance and, as such, one is respectfully requested.

 

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, namely, software for management of digital media content including online video publishing, live video streaming, video-on-demand and digital asset management; computer software for online video publishing; computer software for live video streaming; computer software for video-on-demand; computer software for digital asset management
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: computer software, namely, software for management of digital media content including online video publishing, live video streaming, video-on-demand and digital asset management; computer software for online video publishing; computer software for controlling media encoders and storing, transcoding, and publishing media content of online video publishing; computer software for live video streaming; computer software for controlling media encoders and storing, transcoding, and publishing media content of live video streaming; computer software for video-on-demand; computer software for controlling media encoders and storing, transcoding, and publishing media content of video-on-demand; computer software for digital asset management; computer software for controlling media encoders and storing, transcoding, and publishing media content of digital asset managementClass 009 for computer software, namely, software for management of digital media content including online video publishing, live video streaming, video-on-demand and digital asset management; computer software for controlling media encoders and storing, transcoding, and publishing media content of online video publishing; computer software for controlling media encoders and storing, transcoding, and publishing media content of live video streaming; computer software for controlling media encoders and storing, transcoding, and publishing media content of video-on-demand; computer software for controlling media encoders and storing, transcoding, and publishing media content of digital asset management
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)
"VMP" 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: /jja/     Date: 12/02/2010
Signatory's Name: John J. Arnott
Signatory's Position: Attorney of record, Texas 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: 77944244
Internet Transmission Date: Thu Dec 02 14:48:15 EST 2010
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.XXX-20101202144815
529874-77944244-470a4aed870321b78ee9ec77
a3bb62b0f3-N/A-N/A-20101202142527770998