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. 78861023 has been amended as follows:
Argument(s)
In response to the substantive refusal(s), please note the following:

Trademark Law Office:  112

Serial Number:  78/861023

Mark:  FTVGIRLS 

 

IN THE UNITED STATES PATENT AND TRADEMARK OFFICE

Applicant:         Robert H. Simyar   Mark:               FTVGIRLS    Serial No.:        78/861023   Filing Date:       April 13, 2006   Class:               9

David T. Taylor Trademark Attorney   Law Office:  112

 

Trademark Assistance Center

James Madison Building - East Wing

Concourse Level

600 Dulany Street

Alexandria, Virginia 22314

 

 RESPONSE TO FIRST OFFICE ACTION

Applicant Robert H. Simyar (the "Applicant") hereby responds to the United States Patent and Trademark Office Action ("Office Action") dated September 20, 2006.  In the Office Action the examining attorney ("Examiner") refuses registration of the above-captioned mark (the "Mark") asserting that the identification of goods is indefinite and a substitute specimen must be submitted. 

Applicant maintains that the application as originally filed is proper.  However, in the alternative, if the Examiner maintains his aforementioned objections to the instant application, the Applicant is willing to submit the following:

I.                   AMENDMENT OF IDENTIFICATION OF GOODS.

Applicant is willing to amend the identification of goods, as recommended by the Examiner, and as follows:

Class 9: Pre-recorded DVDs and downloadable video recordings featuring adult entertainment

II.                SUBSTITUTE SPECIMEN

The Applicant hereby submits a substitute specimen which was in use at least as early as the filing date of the application for the Mark.  Attached hereto as Exhibit 1 and incorporated herein by this reference is a true and accurate copy of the substitute specimen and declaration in support of same.

The substitute specimen is a copy of a DVD cover.  The Mark is clearly depicted on the front cover as well as on the spine.

III.             CONCLUSION

Based upon the foregoing response, the Applicant herein respectfully requests that the Mark be approved for publication.

Evidence
Evidence in the nature of Declaration in Support of Substitute Specimen and substitute specimen has been attached.
Evidence-1
Evidence-2
Evidence-3


Response Signature
Signature: /Jennifer Craft/     Date: 03/05/2007
Signatory's Name: Jennifer K. Craft, Esq.
Signatory's Position: Attorney

The signatory has confirmed that he/she is either (1) an attorney who is a member in good standing of the bar of the highest court of a U.S. state; or (2) a Canadian attorney/agent who has been granted reciprocal recognition under 37 C.F.R. §10.14(c) by the USPTO's Office of Enrollment and Discipline. He/she further confirms that (1) the applicant has not previously been represented in this matter by an authorized attorney; and (2) he/she is the applicant's attorney or an associate of that attorney.
        
Serial Number: 78861023
Internet Transmission Date: Mon Mar 05 12:51:57 EST 2007
TEAS Stamp: USPTO/ROA-XXX.XX.XXX.XXX-200703051251571
66670-78861023-370956e13463371093fbc1aa9
c5a0a6b-N/A-N/A-20070305124627344032