PTO Form 1957 (Rev 9/2005)
OMB No. 0651-0050 (Exp. 04/30/2011)

Response to Office Action

The table below presents the data as entered.

Input Field
Entered
SERIAL NUMBER77947744
LAW OFFICE ASSIGNEDLAW OFFICE 106
MARK SECTION (no change)
GOODS AND/OR SERVICES SECTION (current)
INTERNATIONAL CLASS041
DESCRIPTION
Distribution of television programs for others; Television programming; Programming on a global computer network; Pay-per-view programming; Video-on-demand programming; Entertainment services, namely, providing prerecorded music and information in the field of music; Providing on-line interactive computer databases featuring television programming lists, schedules and related information; Providing on-line interactive computer databases in the field of entertainment, namely, television, movies and other digital images, audio, video and other multimedia content; Entertainment services, namely, providing on-line computer games; Providing a computer game that may be accessed network-wide by network users; Entertainment services, namely, providing interactive television channels featuring multiple images from simultaneously airing television programming; Entertainment services, namely, an interactive functionality providing general, localized news and information relating to specific geographic areas; Entertainment services, namely, an interactive functionality that provides geographical, categorical, real-time programming ratings; Entertainment services, namely, an interactive channel providing general information relating to satellite television service, satellite television equipment and hardware, satellite television programming and audio, visual and other multimedia content; Entertainment services, namely, providing access to and enabling the use of computer applications viewable simultaneously during television programming; Entertainment services, namely, providing access to and enabling the use of third party computer applications viewable simultaneously during television programming; Entertainment services, namely, a functionality whereby audio files, video files, photographs, images and other multimedia content can be shared and viewed between computers, set-top-boxes and other audiovisual devices; On-line newsletters featuring general information relating to entertainment, namely, television, movies and other multimedia content; On-line newsletters featuring general information relating to satellite telecommunication services and satellite telecommunications hardware
FILING BASISSection 1(a)
        FIRST USE ANYWHERE DATE At least as early as 01/27/2010
        FIRST USE IN COMMERCE DATE At least as early as 01/27/2010
GOODS AND/OR SERVICES SECTION (proposed)
INTERNATIONAL CLASS041
TRACKED TEXT DESCRIPTION
Distribution of television programs for others; television programming; programming on a global computer network; Pay-per-view programming; Entertainment services, namely, providing prerecorded music and information in the field of music, all via satellite; Video-on-demand programming; providing on-line interactive computer databases featuring television programming lists, schedules and related information; Entertainment services, namely, providing prerecorded music and information in the field of music; providing on-line interactive computer databases in the field of entertainment, namely, television programming, movies, and other digital images, audio, video and other multimedia materials; Entertainment services, namely, providing on-line computer games; Providing on-line interactive computer databases in the field of entertainment, namely, television, movies and other digital images, audio, video and other multimedia content; providing computer games via satellite transmission; providing a computer game for use network-wide by network users; Providing a computer game that may be accessed network-wide by network users; Entertainment services, namely, providing interactive functions in television viewing that permit viewers to view and use computer applications and view multiple images and sources of television programming simultaneously while viewing television programming; Entertainment services, namely, providing interactive television channels featuring multiple images from simultaneously airing television programming; Entertainment services, namely, providing interactive functions in television viewing that provide general, localized news and information relating to specific geographic areas; Entertainment services, namely, an interactive functionality providing general, localized news and information relating to specific geographic areas; Entertainment services, namely, providing interactive functions in television viewing that provide geographical, categorical, real-time programming ratings; Entertainment services, namely, an interactive functionality that provides geographical, categorical, real-time programming ratings; Entertainment services, namely, providing interactive television programming providing general information relating to satellite television service, satellite television equipment and hardware, satellite television programming and audio, visual and other multimedia content; Entertainment services, namely, an interactive channel providing general information relating to satellite television service, satellite television equipment and hardware, satellite television programming and audio, visual and other multimedia content; Entertainment services, namely, providing interactive functions in television viewing that permit users to view and share audio files, video files, photographs, images and other multimedia content between and among computers, set-top boxes, and other audiovisual devices; Entertainment services, namely, providing access to and enabling the use of computer applications viewable simultaneously during television programming; On-line newsletters featuring general information relating to entertainment, namely, television, movies and other multimedia content; Entertainment services, namely, providing access to and enabling the use of third party computer applications viewable simultaneously during television programming; On-line newsletters featuring general information relating to satellite telecommunication services and satellite telecommunications hardware; Entertainment services, namely, a functionality whereby audio files, video files, photographs, images and other multimedia content can be shared and viewed between computers, set-top-boxes and other audiovisual devices; providing on-line non-downloadable newsletters
FINAL DESCRIPTION
Distribution of television programs for others; television programming; programming on a global computer network; Entertainment services, namely, providing prerecorded music and information in the field of music, all via satellite; providing on-line interactive computer databases featuring television programming lists, schedules and related information; providing on-line interactive computer databases in the field of entertainment, namely, television programming, movies, and other digital images, audio, video and other multimedia materials; Entertainment services, namely, providing on-line computer games; providing computer games via satellite transmission; providing a computer game for use network-wide by network users; Entertainment services, namely, providing interactive functions in television viewing that permit viewers to view and use computer applications and view multiple images and sources of television programming simultaneously while viewing television programming; Entertainment services, namely, providing interactive functions in television viewing that provide general, localized news and information relating to specific geographic areas; Entertainment services, namely, providing interactive functions in television viewing that provide geographical, categorical, real-time programming ratings; Entertainment services, namely, providing interactive television programming providing general information relating to satellite television service, satellite television equipment and hardware, satellite television programming and audio, visual and other multimedia content; Entertainment services, namely, providing interactive functions in television viewing that permit users to view and share audio files, video files, photographs, images and other multimedia content between and among computers, set-top boxes, and other audiovisual devices; On-line newsletters featuring general information relating to entertainment, namely, television, movies and other multimedia content; On-line newsletters featuring general information relating to satellite telecommunication services and satellite telecommunications hardware; providing on-line non-downloadable newsletters
FILING BASISSection 1(b)
ADDITIONAL STATEMENTS SECTION
PRIOR REGISTRATION(S) The applicant claims ownership of U.S. Registration Number(s) 2503432, 2698197, 3415633, and others.
MISCELLANEOUS STATEMENT Applicant included "providing computer games via satellite transmission" from co-pending application No. 77/947,743 under TMEP Section 1402.08.
SIGNATURE SECTION
DECLARATION SIGNATURE /TSuzuki/
SIGNATORY'S NAME Takehiko Suzuki
SIGNATORY'S POSITION Attorney of record, California bar member
DATE SIGNED 12/10/2010
RESPONSE SIGNATURE /TSuzuki/
SIGNATORY'S NAME Takehiko Suzuki
SIGNATORY'S POSITION Attorney of record, California bar member
DATE SIGNED 12/10/2010
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Fri Dec 10 14:58:06 EST 2010
TEAS STAMP USPTO/ROA-XX.XXX.XXX.XXX-
20101210145806558560-7794
7744-47017977f322cad964aa
8a7765b4f3adf-N/A-N/A-201
01209181530080352


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. 77947744 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 Distribution of television programs for others; Television programming; Programming on a global computer network; Pay-per-view programming; Video-on-demand programming; Entertainment services, namely, providing prerecorded music and information in the field of music; Providing on-line interactive computer databases featuring television programming lists, schedules and related information; Providing on-line interactive computer databases in the field of entertainment, namely, television, movies and other digital images, audio, video and other multimedia content; Entertainment services, namely, providing on-line computer games; Providing a computer game that may be accessed network-wide by network users; Entertainment services, namely, providing interactive television channels featuring multiple images from simultaneously airing television programming; Entertainment services, namely, an interactive functionality providing general, localized news and information relating to specific geographic areas; Entertainment services, namely, an interactive functionality that provides geographical, categorical, real-time programming ratings; Entertainment services, namely, an interactive channel providing general information relating to satellite television service, satellite television equipment and hardware, satellite television programming and audio, visual and other multimedia content; Entertainment services, namely, providing access to and enabling the use of computer applications viewable simultaneously during television programming; Entertainment services, namely, providing access to and enabling the use of third party computer applications viewable simultaneously during television programming; Entertainment services, namely, a functionality whereby audio files, video files, photographs, images and other multimedia content can be shared and viewed between computers, set-top-boxes and other audiovisual devices; On-line newsletters featuring general information relating to entertainment, namely, television, movies and other multimedia content; On-line newsletters featuring general information relating to satellite telecommunication services and satellite telecommunications hardware
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 01/27/2010 and first used in commerce at least as early as 01/27/2010, and is now in use in such commerce.

Proposed:
Tracked Text Description: Distribution of television programs for others; television programming; programming on a global computer network; Pay-per-view programming; Entertainment services, namely, providing prerecorded music and information in the field of music, all via satellite; Video-on-demand programming; providing on-line interactive computer databases featuring television programming lists, schedules and related information; Entertainment services, namely, providing prerecorded music and information in the field of music; providing on-line interactive computer databases in the field of entertainment, namely, television programming, movies, and other digital images, audio, video and other multimedia materials; Entertainment services, namely, providing on-line computer games; Providing on-line interactive computer databases in the field of entertainment, namely, television, movies and other digital images, audio, video and other multimedia content; providing computer games via satellite transmission; providing a computer game for use network-wide by network users; Providing a computer game that may be accessed network-wide by network users; Entertainment services, namely, providing interactive functions in television viewing that permit viewers to view and use computer applications and view multiple images and sources of television programming simultaneously while viewing television programming; Entertainment services, namely, providing interactive television channels featuring multiple images from simultaneously airing television programming; Entertainment services, namely, providing interactive functions in television viewing that provide general, localized news and information relating to specific geographic areas; Entertainment services, namely, an interactive functionality providing general, localized news and information relating to specific geographic areas; Entertainment services, namely, providing interactive functions in television viewing that provide geographical, categorical, real-time programming ratings; Entertainment services, namely, an interactive functionality that provides geographical, categorical, real-time programming ratings; Entertainment services, namely, providing interactive television programming providing general information relating to satellite television service, satellite television equipment and hardware, satellite television programming and audio, visual and other multimedia content; Entertainment services, namely, an interactive channel providing general information relating to satellite television service, satellite television equipment and hardware, satellite television programming and audio, visual and other multimedia content; Entertainment services, namely, providing interactive functions in television viewing that permit users to view and share audio files, video files, photographs, images and other multimedia content between and among computers, set-top boxes, and other audiovisual devices; Entertainment services, namely, providing access to and enabling the use of computer applications viewable simultaneously during television programming; On-line newsletters featuring general information relating to entertainment, namely, television, movies and other multimedia content; Entertainment services, namely, providing access to and enabling the use of third party computer applications viewable simultaneously during television programming; On-line newsletters featuring general information relating to satellite telecommunication services and satellite telecommunications hardware; Entertainment services, namely, a functionality whereby audio files, video files, photographs, images and other multimedia content can be shared and viewed between computers, set-top-boxes and other audiovisual devices; providing on-line non-downloadable newsletters

Class 041 for Distribution of television programs for others; television programming; programming on a global computer network; Entertainment services, namely, providing prerecorded music and information in the field of music, all via satellite; providing on-line interactive computer databases featuring television programming lists, schedules and related information; providing on-line interactive computer databases in the field of entertainment, namely, television programming, movies, and other digital images, audio, video and other multimedia materials; Entertainment services, namely, providing on-line computer games; providing computer games via satellite transmission; providing a computer game for use network-wide by network users; Entertainment services, namely, providing interactive functions in television viewing that permit viewers to view and use computer applications and view multiple images and sources of television programming simultaneously while viewing television programming; Entertainment services, namely, providing interactive functions in television viewing that provide general, localized news and information relating to specific geographic areas; Entertainment services, namely, providing interactive functions in television viewing that provide geographical, categorical, real-time programming ratings; Entertainment services, namely, providing interactive television programming providing general information relating to satellite television service, satellite television equipment and hardware, satellite television programming and audio, visual and other multimedia content; Entertainment services, namely, providing interactive functions in television viewing that permit users to view and share audio files, video files, photographs, images and other multimedia content between and among computers, set-top boxes, and other audiovisual devices; On-line newsletters featuring general information relating to entertainment, namely, television, movies and other multimedia content; On-line newsletters featuring general information relating to satellite telecommunication services and satellite telecommunications hardware; providing on-line non-downloadable newsletters
Deleted Filing Basis: 1(a)
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
Claim of Prior Registration(s)
The applicant claims ownership of U.S. Registration Number(s) 2503432, 2698197, 3415633, and others.

Applicant included "providing computer games via satellite transmission" from co-pending application No. 77/947,743 under TMEP Section 1402.08.

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. 2.44. 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. Section 1001, 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. Section 1051(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: /TSuzuki/      Date: 12/10/2010
Signatory's Name: Takehiko Suzuki
Signatory's Position: Attorney of record, California bar member

Response Signature
Signature: /TSuzuki/     Date: 12/10/2010
Signatory's Name: Takehiko Suzuki
Signatory's Position: Attorney of record, California 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: 77947744
Internet Transmission Date: Fri Dec 10 14:58:06 EST 2010
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XXX-201012101458065
58560-77947744-47017977f322cad964aa8a776
5b4f3adf-N/A-N/A-20101209181530080352