Response to Office Action

GREEN

JetBlue Airways Corporation

Response to Office Action

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 NUMBER 78417596
LAW OFFICE ASSIGNED LAW OFFICE 116
MARK SECTION (no change)
ARGUMENT(S)

The Examining Attorney has made the argument that Registrant and Applicant's services are not identical, but are instead only "related in some manner."  Further, only some of the services are said to overlap with respect to "the provision of travel information."  With less clarity, the Examining Attorney adds that there may be "other goods and services" that also overlap.

With that said, Applicant is prepared to delete those services from its application where there is a clear overlap (e.g., "providing information about air transportation via a website on a global computer network:"), but intends to maintain those services where there is no overlap (e.g., "transportation of passengers, parcels, freight and cargo by air;").

From the Examining Attorney's analysis, it is unclear which of the remaining services are said to overlap with Registrant's services.

travel agency services, namely, making reservations and bookings for transportation; airline passenger services in the nature of a frequent flyer program;

Applicant respectfully, requests clarification.
SIGNATURE SECTION
RESPONSE SIGNATURE /JFN/
SIGNATORY'S NAME Joseph F. Nicholson
SIGNATORY'S POSITION Attorney of Record, New York bar member
DATE SIGNED 11/16/2009
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Mon Nov 16 17:21:59 EST 2009
TEAS STAMP USPTO/ROA-XX.XXX.XXX.XXX-
20091116172159985480-7841
7596-460191a1a8575856fcd9
a22dd9367737-N/A-N/A-2009
1116171509410437



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. 78417596 has been amended as follows:

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

The Examining Attorney has made the argument that Registrant and Applicant's services are not identical, but are instead only "related in some manner."  Further, only some of the services are said to overlap with respect to "the provision of travel information."  With less clarity, the Examining Attorney adds that there may be "other goods and services" that also overlap.

With that said, Applicant is prepared to delete those services from its application where there is a clear overlap (e.g., "providing information about air transportation via a website on a global computer network:"), but intends to maintain those services where there is no overlap (e.g., "transportation of passengers, parcels, freight and cargo by air;").

From the Examining Attorney's analysis, it is unclear which of the remaining services are said to overlap with Registrant's services.

travel agency services, namely, making reservations and bookings for transportation; airline passenger services in the nature of a frequent flyer program;

Applicant respectfully, requests clarification.


SIGNATURE(S)
Response Signature
Signature: /JFN/     Date: 11/16/2009
Signatory's Name: Joseph F. Nicholson
Signatory's Position: Attorney of Record, New York 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: 78417596
Internet Transmission Date: Mon Nov 16 17:21:59 EST 2009
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XXX-200911161721599
85480-78417596-460191a1a8575856fcd9a22dd
9367737-N/A-N/A-20091116171509410437



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