PTO Form 1957 (Rev 9/2005) |
OMB No. 0651-0050 (Exp. 04/2009) |
Response to Office Action
The table below presents the data as entered.
Input Field
|
Entered
|
SERIAL NUMBER |
78430230 |
LAW OFFICE ASSIGNED |
LAW OFFICE 112 |
MARK SECTION (no change) |
GOODS AND/OR SERVICES SECTION (current) |
INTERNATIONAL CLASS |
009 |
DESCRIPTION |
Musical sound records; sound records featuring entertainment; sound records featuring music, musicians, documentaries, biographies,
interviews, performances, reviews, drama and fiction; musical video records; video records featuring entertainment; video records featuring music, musicians, caricatures, cartoons, animation,
documentaries, biographies, interviews, performances, reviews, drama and fiction; cinematographic films; musical sound recordings; musical video recordings; audio and visual recordings featuring or
relating to music, entertainment and films; pre-recorded compact discs, audio tapes, gramophone records, video tapes, video discs, DVDs, CD-ROMs and interactive compact discs, all featuring or
relating to music and films; digitally recorded sound and video records; downloadable musical sound and video records; downloadable sound and video records featuring or relating to music,
entertainment and films |
FILING BASIS |
Section 44(e) |
FOREIGN REGISTRATION NUMBER |
00218990 |
FOREIGN REGISTRATION
COUNTRY |
European Community |
FOREIGN REGISTRATION
DATE |
11/16/2000 |
FOREIGN EXPIRATION DATE |
04/01/2006 |
STANDARD CHARACTERS
OR EQUIVALENT |
NO |
GOODS AND/OR SERVICES SECTION (proposed) |
INTERNATIONAL CLASS |
009 |
DESCRIPTION |
Musical sound records; sound records featuring entertainment; sound records featuring music, musicians, documentaries, biographies,
interviews, performances, reviews, drama and fiction; musical video records; video records featuring entertainment; video records featuring music, musicians, caricatures, cartoons, animation,
documentaries, biographies, interviews, performances, reviews, drama and fiction; cinematographic films; musical sound recordings; musical video recordings; audio and visual recordings featuring or
relating to music, entertainment and films; pre-recorded compact discs, audio tapes, gramophone records, video tapes, video discs, DVDs, CD-ROMs and interactive compact discs, all featuring or
relating to music and films; digitally recorded sound and video records; downloadable musical sound and video records; downloadable sound and video records featuring or relating to music,
entertainment and films |
FILING BASIS |
Section 44(e) |
FOREIGN REGISTRATION NUMBER |
00218990 |
FOREIGN REGISTRATION
COUNTRY |
European Community |
FOREIGN REGISTRATION
DATE |
11/16/2000 |
FOREIGN EXPIRATION DATE |
04/01/2016 |
FOREIGN RENEWAL DATE |
04/01/2016 |
FOREIGN
REGISTRATION
FILE NAME(S) |
\\TICRS2\EXPORT13\784\302 \78430230\xml1\ROA0002.JP G |
ADDITIONAL STATEMENTS SECTION |
MISCELLANEOUS STATEMENT |
In this Office Action, the Examiner has required that Applicant submit evidence that the foreign registration was in force at the time of
issuance of the U.S. registration. Accordingly, Applicant submits a photocopy of renewal foreign registration certificate for CTM Registration No. 00218990 indicating that the registration was
renewed and the new expiration date is April 1, 2016. Applicant respectfully submits that the application now has an acceptable basis for purposes of registration. |
SIGNATURE SECTION |
DECLARATION SIGNATURE |
The filing Attorney has elected not to submit the signed declaration, believing no supporting declaration is required under the Trademark
Rules of Practice. |
RESPONSE SIGNATURE |
/brian j. mcnamara and /dkn/ |
SIGNATORY'S NAME |
Brian J. McNamara and Diane K. Newman |
SIGNATORY'S POSITION |
Attorneys for Applicant |
DATE SIGNED |
08/06/2007 |
AUTHORIZED SIGNATORY |
YES |
FILING INFORMATION SECTION |
SUBMIT DATE |
Mon Aug 06 09:59:13 EDT 2007 |
TEAS STAMP |
USPTO/ROA-XXX.XX.XX.XXX-2
0070806095913354188-78430
230-3804abf75abb04cc0bdaf
0e2d3bcc9c8c-N/A-N/A-2007
0806095602509441 |
PTO Form 1957 (Rev 9/2005) |
OMB No. 0651-0050 (Exp. 04/2009) |
Response to Office Action
To the Commissioner for Trademarks:
Application serial no.
78430230 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 Musical sound records; sound records featuring entertainment; sound records featuring music, musicians, documentaries, biographies, interviews, performances, reviews,
drama and fiction; musical video records; video records featuring entertainment; video records featuring music, musicians, caricatures, cartoons, animation, documentaries, biographies, interviews,
performances, reviews, drama and fiction; cinematographic films; musical sound recordings; musical video recordings; audio and visual recordings featuring or relating to music, entertainment and
films; pre-recorded compact discs, audio tapes, gramophone records, video tapes, video discs, DVDs, CD-ROMs and interactive compact discs, all featuring or relating to music and films; digitally
recorded sound and video records; downloadable musical sound and video records; downloadable sound and video records featuring or relating to music, entertainment and films
Original Filing Basis:
Filing Basis: Section 44(e), Based on Foreign Registration: Applicant has a bona fide intention to use the mark in commerce on or in connection with the identified goods and /or services, and
submits a copy of [ European Community registration number 00218990 registered 11/16/2000 with a renewal date of __________ and an expiration date of 04/01/2006 ], and translation thereof, if
appropriate. 15 U.S.C. Section 1126(e), as amended.
Proposed: Class 009 for Musical sound records; sound records featuring entertainment; sound records featuring music, musicians, documentaries, biographies, interviews, performances, reviews,
drama and fiction; musical video records; video records featuring entertainment; video records featuring music, musicians, caricatures, cartoons, animation, documentaries, biographies, interviews,
performances, reviews, drama and fiction; cinematographic films; musical sound recordings; musical video recordings; audio and visual recordings featuring or relating to music, entertainment and
films; pre-recorded compact discs, audio tapes, gramophone records, video tapes, video discs, DVDs, CD-ROMs and interactive compact discs, all featuring or relating to music and films; digitally
recorded sound and video records; downloadable musical sound and video records; downloadable sound and video records featuring or relating to music, entertainment and films
Filing Basis: Section 44(e), Based on Foreign Registration: Applicant has a bona fide intention to use the mark in commerce on or in connection with the identified goods and /or services, and
submits a copy of [ European Community registration number 00218990 registered 11/16/2000 with a renewal date of 04/01/2016 and an expiration date of 04/01/2016 ], and translation thereof, if
appropriate. 15 U.S.C. Section 1126(e), as amended.
Foreign Registration-1
ADDITIONAL STATEMENTS
In this Office Action, the Examiner has required that Applicant submit evidence that the foreign registration was in force at the time of issuance of the U.S. registration. Accordingly, Applicant
submits a photocopy of renewal foreign registration certificate for CTM Registration No. 00218990 indicating that the registration was renewed and the new expiration date is April 1, 2016. Applicant
respectfully submits that the application now has an acceptable basis for purposes of registration.
SIGNATURE(S)
Declaration Signature
I hereby elect to bypass the submission of a signed declaration, because I believe a declaration is not required by the rules of practice. I understand that the examining attorney could still, upon
later review, require a signed declaration.
Response Signature
Signature: /brian j. mcnamara and /dkn/ Date: 08/06/2007
Signatory's Name: Brian J. McNamara and Diane K. Newman
Signatory's Position: Attorneys for Applicant
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: 78430230
Internet Transmission Date: Mon Aug 06 09:59:13 EDT 2007
TEAS Stamp: USPTO/ROA-XXX.XX.XX.XXX-2007080609591335
4188-78430230-3804abf75abb04cc0bdaf0e2d3
bcc9c8c-N/A-N/A-20070806095602509441