Response to Office Action

SOLARIS

ORACLE AMERICA, INC.

Response to Office Action

PTO Form 1957 (Rev 5/2006)
OMB No. 0651-0050 (Exp. 04/2009)

Response to Office Action


The table below presents the data as entered.

Input Field
Entered
SERIAL NUMBER 78507740
LAW OFFICE ASSIGNED LAW OFFICE 115
MARK SECTION (current)
STANDARD CHARACTERS NO
USPTO-GENERATED IMAGE NO
COLOR MARK NO
MARK SECTION (proposed)
MARK FILE NAME \\TICRS\EXPORT8\IMAGEOUT8 \785\077\78507740\xml1\RO A0002.JPG
STANDARD CHARACTERS NO
USPTO-GENERATED IMAGE NO
LITERAL ELEMENT SOLARIS
COLOR MARK NO
PIXEL COUNT ACCEPTABLE YES
PIXEL COUNT 438 x 250
ARGUMENT(S)

The Examining Attorney stated that the wording "education; providing of training" in the identification of services needs clarification because it is indefinite.  Applicant has amended "education; providing of training" to "Educational services, namely, conducting classes, seminars, conferences, workshops, tutoring, trouble-shooting sessions, and online classes in the fields of computer software, computer hardware, computer peripherals, computer systems, computer networks, computer security, and computer technology and distributing course materials in connection therewith; providing training services in the use of computers, computer hardware, computer software, computer systems, computer peripherals, and computer networks."  Applicant believes that the description as amended accurately describes Applicant's anticipated services, while still addressing the Examining Attorney's concerns.

The Examining Attorney stated that the wording "entertainment" in the identification of services needs clarification because it is indefinite.  Applicant has amended "entertainment" to "entertainment services, namely, production and broadcasting of prerecorded audio and video tapes featuring topics of specific interest and general interest, namely technology, business society, e-commerce, culture, and the environment."  Applicant believes that the description as amended more accurately describes Applicant's anticipated goods, while still addressing the Examining Attorney's concerns.

The Examining Attorney stated that the wording "sporting and cultural activities" in the identification of goods needs clarification because it is indefinite.    Applicant has amended "sporting and cultural activities" to "organizing and sponsoring sporting and cultural activities," as suggested by the Examining Attorney.

GOODS AND/OR SERVICES SECTION (current)
INTERNATIONAL CLASS 041
DESCRIPTION
Education; providing of training; entertainment; sporting and cultural activities
FILING BASIS Section 1(b)
GOODS AND/OR SERVICES SECTION (proposed)
INTERNATIONAL CLASS 041
DESCRIPTION
Educational services, namely, conducting classes, seminars, conferences, workshops, tutoring, trouble-shooting sessions, and online classes in the fields of computer software, computer hardware, computer peripherals, computer systems, computer networks, computer security, and computer technology and distributing course materials in connection therewith; providing training services in the use of computers, computer hardware, computer software, computer systems, computer peripherals, and computer networks; entertainment services, namely, production and broadcasting of prerecorded audio and video tapes featuring topics of specific interest and general interest, namely technology, business, society, e-commerce, culture, and the environment; organizing and sponsoring sporting and cultural activities
FILING BASIS Section 1(b)
ADDITIONAL STATEMENTS SECTION
PRIOR REGISTRATION(S) "Applicant claims ownership of U.S. Registration Number(s) 1648740,1863585,2778104 and others."
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 /sabel/
SIGNATORY NAME Sally M. Abel, Esq.
SIGNATORY POSITION Attorney for Applicant
SIGNATURE DATE 12/06/2005
FILING INFORMATION SECTION
SUBMIT DATE Tue Dec 06 18:53:11 EST 2005
TEAS STAMP USPTO/ROA-XX.XXX.XXX.XXX-
20051206185311689831-7850
7740-32064f67ddc109c8cac6
cfa87ef712050b8-N/A-N/A-2
0051206153935233813



PTO Form 1957 (Rev 5/2006)
OMB No. 0651-0050 (Exp. 04/2009)

Response to Office Action


To the Commissioner for Trademarks:


Application serial no. 78507740 has been amended as follows:
Mark
Applicant proposes to amend the mark as follows:
Original: (Stylized and/or with Design)
Proposed: SOLARIS (Stylized and/or with Design, see mark)
Argument(s)
In response to the substantive refusal(s), please note the following:

The Examining Attorney stated that the wording "education; providing of training" in the identification of services needs clarification because it is indefinite.  Applicant has amended "education; providing of training" to "Educational services, namely, conducting classes, seminars, conferences, workshops, tutoring, trouble-shooting sessions, and online classes in the fields of computer software, computer hardware, computer peripherals, computer systems, computer networks, computer security, and computer technology and distributing course materials in connection therewith; providing training services in the use of computers, computer hardware, computer software, computer systems, computer peripherals, and computer networks."  Applicant believes that the description as amended accurately describes Applicant's anticipated services, while still addressing the Examining Attorney's concerns.

The Examining Attorney stated that the wording "entertainment" in the identification of services needs clarification because it is indefinite.  Applicant has amended "entertainment" to "entertainment services, namely, production and broadcasting of prerecorded audio and video tapes featuring topics of specific interest and general interest, namely technology, business society, e-commerce, culture, and the environment."  Applicant believes that the description as amended more accurately describes Applicant's anticipated goods, while still addressing the Examining Attorney's concerns.

The Examining Attorney stated that the wording "sporting and cultural activities" in the identification of goods needs clarification because it is indefinite.    Applicant has amended "sporting and cultural activities" to "organizing and sponsoring sporting and cultural activities," as suggested by the Examining Attorney.



Classification and Listing of Goods/Services

Applicant hereby amends the following class of goods/services in the application as follows:
Current: Class 041 for Education; providing of training; entertainment; sporting and cultural activities
Original Filing Basis: 1(b).
Proposed: Class 041 for Educational services, namely, conducting classes, seminars, conferences, workshops, tutoring, trouble-shooting sessions, and online classes in the fields of computer software, computer hardware, computer peripherals, computer systems, computer networks, computer security, and computer technology and distributing course materials in connection therewith; providing training services in the use of computers, computer hardware, computer software, computer systems, computer peripherals, and computer networks; entertainment services, namely, production and broadcasting of prerecorded audio and video tapes featuring topics of specific interest and general interest, namely technology, business, society, e-commerce, culture, and the environment; organizing and sponsoring sporting and cultural activities

Additional Statements
"Applicant claims ownership of U.S. Registration Number(s) 1648740,1863585,2778104 and others."

Declaration Signature
I hereby elect to by-pass any declaration edit, because I do not believe a declaration is required by the rules of practice. I understand that the examining attorney could still, upon later review, require a declaration, however.
Response Signature

Signature: /sabel/     Date: 12/06/2005
Signatory's Name: Sally M. Abel, Esq.
Signatory's Position: Attorney for Applicant
        
Serial Number: 78507740
Internet Transmission Date: Tue Dec 06 18:53:11 EST 2005
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XXX-200512061853116
89831-78507740-32064f67ddc109c8cac6cfa87
ef712050b8-N/A-N/A-20051206153935233813


Response to Office Action [image/jpeg]


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