Response to Office Action

PTO Form 1957 (Rev 9/2005)

OMB No. 0651-0050 (Exp. 04/2009)

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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. 78550522 has been amended as follows:
Classification and Listing of Goods/Services

Applicant hereby amends the following class of goods/services in the application as follows:
Current: Class 009 for Global wireless standard-enabled devices for communications, namely telephones, telephone handsets, telephone headsets, audio speakers, microphones, earphones; digital cameras; downloadable ring tones, graphics and music via wireless mobile electronic devices; electric sound recording apparatus, digital audio players; personal digital assistants, digital encoders and digital decoders; headphones, headphones with integrated audio players, portable and handheld devices for playing audio files, namely, media players; portable and handheld digital electronic devices for recording, organizing, transmitting, manipulating, and reviewing text, data, and audio files, namely, handheld personal computers; radios; sound recording and reproducing apparatus; computer communications software for processing and transmitting data utilizing a digital or an analog signal; computer telephony software; electronic game software; facsimile transmission software; software for mobile phones; software for communicating with users of hand-held computers; software for VOIP services; software, namely, for telecommunications billing; software for use in organizing, transmitting, manipulating, and reviewing text, data, and audio files on portable and handheld digital electronic devices; software for data encryption; video transmission software
Original Filing Basis: 1(a).
Proposed: Class 009 for Global wireless standard-enabled devices for communications, namely telephones, telephone handsets, telephone headsets, audio speakers, microphones, earphones; digital cameras; downloadable ring tones, graphics and music via wireless mobile electronic devices; electric sound recording apparatus, digital audio players; personal digital assistants, digital encoders and digital decoders; headphones, headphones with integrated audio players; portable and handheld digital electronic devices for recording, organizing, transmitting, manipulating, and reviewing text, data, and audio files, namely, handheld personal computers; radios; sound recording and reproducing apparatus.
Filing Basis: 1(a).
Applicant hereby amends the following class of goods/services in the application as follows:
Current: Class 038 for Electronic data transmission; electronic voice messaging, namely, the recording and subsequent transmission of voice messages by telephone; electronic, electric, and digital transmission of voice, data, images, signals, and messages; electronic transmission of encrypted facsimile communications; electronic transmission of encrypted voice and data communications; facsimile transmission and retrieval; international telephone services; Internet telephony services; instant messaging services; mobile telephone communication; mobile telephony; prepaid long distance telephone services; providing access to telecommunication networks; providing on-line chat rooms and electronic bulletin boards for transmission of messages among network users in the field of data, audio and video exchange or sharing; providing voice communication services via the Internet; streaming of video material on the Internet; telephone telecommunications services provided via prepaid telephone calling cards; transfer of data by telecommunication; video broadcasting; video teleconferencing; voice chat services; text chat services; voice mail services; voice over Internet protocol (VOIP) services; web messaging; wireless voice mail services
Original Filing Basis: 1(a).
Proposed: Class 038 for Electronic data transmission; electronic voice messaging, namely, the recording and subsequent transmission of voice messages by telephone; electronic, electric, and digital transmission of voice, data, images, signals, and messages; electronic transmission of encrypted facsimile communications; electronic transmission of encrypted voice and data communications; facsimile transmission and retrieval; international telephone services; Internet telephony services; instant messaging services; mobile telephone communication; mobile telephony; prepaid long distance telephone services; providing access to telecommunication networks; providing on-line chat rooms and electronic bulletin boards for transmission of messages among network users in the field of data, audio and video exchange or sharing; providing voice communication services via the Internet; streaming of video material on the Internet; telephone telecommunications services provided via prepaid telephone calling cards; transfer of data by telecommunication; video broadcasting; video teleconferencing; voice chat services; text chat services, namely, text and numeric wireless digital messaging services; voice mail services; voice over Internet protocol (VOIP) services; web messaging; wireless voice mail services.
Filing Basis: 1(a).

Declaration Signature
If the applicant is seeking registration under Section 1(b) and/or Section 44 of the Trademark Act, the applicant 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). 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 or services listed in the application as of the application filing date. 37 C.F.R. Secs. 2.34(a)(1)(i). 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. §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. §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: /Ivo Kutts/      Date: 07/24/2006
Signatory's Name: Ivo Kutts
Signatory's Position: CEO

Response Signature
Signature: /Ivo Kutts/     Date: 07/24/2006
Signatory's Name: Ivo Kutts
Signatory's Position: CEO
        
Serial Number: 78550522
Internet Transmission Date: Mon Jul 24 13:36:30 EDT 2006
TEAS Stamp: USPTO/ROA-XX.XX.XX.XX-200607241336303848
61-78550522-340a8de4613029661c29721e4c87
16e3b-N/A-N/A-20060724132357371267