Response to Office Action

PTO Form 1957 (Rev 9/2005)

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

---

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. 78744636 has been amended as follows:
Correspondence Address Change
Applicant proposes to amend the following:
Original: Mallory Levitt c/o CBS 51 West 52nd St New York NY 10019
Proposed: Mallory Levitt, having an address of 51 West 52nd St c/o CBS Law New York, New York United States 10019, whose e-mail address is trademarks@cbs.com, whose phone number is 212-975-4321.
Additional Statements

The services covered by the application include the creation, production, and dissemination of outdoor advertising on billboards, buses, railways, and street furniture. The specimen featuring the TDI mark originally submitted shows the mark and the relevant services, pursuant to TMEP Section 1301.04. Specifically, the specimen is a purchase order illustrating the request to create or produce advertising materials such as commuter sheets and bus shelters for a third party. The use of the mark is in the course of performing or rendering the services. Accordingly, Applicant respectfully submits that the specimen shows the mark as it is used in commerce to perform the services covered by the application.

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: /ml/      Date: 11/01/2006
Signatory's Name: Mallory Levitt
Signatory's Position: Assistant Secretary

Response Signature
Signature: /ML/     Date: 11/01/2006
Signatory's Name: Mallory Levitt
Signatory's Position: Assistant Secretary
Mailing Address:    Mallory Levitt
   51 West 52nd St
   c/o CBS Law
   New York, New York 10019
        
Serial Number: 78744636
Internet Transmission Date: Wed Nov 01 18:43:00 EST 2006
TEAS Stamp: USPTO/ROA-XXX.XX.XX.XXX-2006110118430084
4652-78744636-34021f88231f1dbb6864dffbb3
28b52588-N/A-N/A-20061101174049221145