TEAS Request Reconsideration after FOA

TING

WOW UNLIMITED MEDIA INC.

TEAS Request Reconsideration after FOA

PTO Form (Rev 4/2000)
OMB No. 0651-.... (Exp. 08/31/2004)

Request for Reconsideration after Final Action


The table below presents the data as entered.

Input Field
Entered
SERIAL NUMBER 77910118
LAW OFFICE ASSIGNED LAW OFFICE 107
MARK SECTION (no change)
GOODS AND/OR SERVICES SECTION (009)(current)
INTERNATIONAL CLASS 009
DESCRIPTION
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)
GOODS AND/OR SERVICES SECTION (009)(proposed)
INTERNATIONAL CLASS 009
DESCRIPTION
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)
GOODS AND/OR SERVICES SECTION (028)(current)
INTERNATIONAL CLASS 028
DESCRIPTION
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)
GOODS AND/OR SERVICES SECTION (028)(proposed)
INTERNATIONAL CLASS 028
TRACKED TEXT DESCRIPTION
Toys, namely, toy vehicles, toy action figures and accessories for use therewith; dolls, doll clothing and doll accessories, namely, doll props and doll cases; dolls, doll clothing and doll accessories, namely, doll props, namely, hand-held objects and weapons of all kinds, 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
FINAL DESCRIPTION
Toys, namely, toy vehicles, toy action figures and accessories for use therewith; dolls, doll clothing and doll accessories, namely, doll props, namely, hand-held objects and weapons of all kinds, 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)
GOODS AND/OR SERVICES SECTION (041)(no change)
ADDITIONAL STATEMENTS SECTION
MISCELLANEOUS STATEMENT Please delete the wording "TING" at the lower right hand corner in the registration of the mark
DESCRIPTION OF THE MARK
(and Color Location, if applicable)
The mark consists of an alien robot with its right appendage raisewd in a wave greeting.
SIGNATURE SECTION
RESPONSE SIGNATURE /Jann Moorhead/
SIGNATORY'S NAME Jann Moorhead
SIGNATORY'S POSITION Attorney of Record
DATE SIGNED 12/02/2010
AUTHORIZED SIGNATORY YES
CONCURRENT APPEAL NOTICE FILED NO
FILING INFORMATION SECTION
SUBMIT DATE Thu Dec 02 15:32:50 EST 2010
TEAS STAMP USPTO/RFR-XX.X.XXX.XX-201
01202153250014280-7791011
8-4706e133325d917b5c219ad
cda5984ba-N/A-N/A-2010120
2152413376838



PTO Form (Rev 4/2000)
OMB No. 0651-.... (Exp. 08/31/2004)

Request for Reconsideration after Final Action


To the Commissioner for Trademarks:

Application serial no. 77910118 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 Video game software, computer game programs 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: 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, 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
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, namely, doll props and doll cases; dolls, doll clothing and doll accessories, namely, doll props, namely, hand-held objects and weapons of all kinds, 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 ballsClass 028 for Toys, namely, toy vehicles, toy action figures and accessories for use therewith; dolls, doll clothing and doll accessories, namely, doll props, namely, hand-held objects and weapons of all kinds, 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)).

ADDITIONAL STATEMENTS
Please delete the wording "TING" at the lower right hand corner in the registration of the mark

Description of mark
The mark consists of an alien robot with its right appendage raisewd in a wave greeting.

SIGNATURE(S)
Request for Reconsideration Signature
Signature: /Jann Moorhead/     Date: 12/02/2010
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.

The applicant is not filing a Notice of Appeal in conjunction with this Request for Reconsideration.

        
Serial Number: 77910118
Internet Transmission Date: Thu Dec 02 15:32:50 EST 2010
TEAS Stamp: USPTO/RFR-XX.X.XXX.XX-201012021532500142
80-77910118-4706e133325d917b5c219adcda59
84ba-N/A-N/A-20101202152413376838



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