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. 78925961 has been amended as follows:
Argument(s)
In response to the substantive refusal(s), please note the following:

Identification of Services

Applicant's proposed amendments have been accepted by the Trademark Office for Applicant's serial no. 78799175. This amendment accurately describes Applicant's services, and Applicant respectfully requests consideration of same.

 

Prior Pending Applications 75980331, 75980335, 75980332, and 75676307

In light of the amendment to Applicant's identification of services, it is clear that no likelihood of confusion exists.  Accordingly, Applicant requests publication of this mark.

Classification and Listing of Goods/Services

Applicant hereby amends the following class of goods/services in the application as follows:
Current: Class 038 for telecommunication services, namely, electronic transmission of streamed and downloadable audio and video files via computer and other communications networks; providing on-line chat rooms, bulletin boards and community forums for the transmission of messages among computer users concerning entertainment, music, concerts, videos, radio, television, film, news, sports, games and cultural events; web casting services; delivery of messages by electronic transmission; provision of connectivity services and access to electronic communications networks, for transmission or reception of audio, video or multimedia content; providing on-line facilities, via a global computer network, to enable users to program audio, video, text and other multimedia content, including music, concerts, videos, radio, television, news, sports, games, cultural events, and entertainment related programs; Online services and search engines for obtaining data via communications networks; providing search engines for obtaining data on a global computer network; providing temporary use of on-line non-downloadable software to enable users to program audio, video, text and other multimedia content, including music, concerts, videos, television, news sports, games cultural events, and entertainment-related programs; internet services, namely, creating indexes of information, sites and other resources available on global computer networks for others; searching, browsing, retrieving information, sites, and other resources available on global computer networks for others
Original Filing Basis: 1(b).
Proposed: Class 038 for telecommunication services, namely, electronic transmission of streamed and downloadable audio and video files via computer and other communications networks; providing on-line chat rooms, bulletin boards and community forums for the transmission of messages among computer users concerning entertainment, music, concerts, videos, radio, television, film, news, sports, games and cultural events; web casting services; delivery of messages by electronic transmission; provision of connectivity services and access to electronic communications networks, for transmission or reception of audio, video or multimedia content
Filing Basis: 1(b).
Applicant hereby adds the following class of goods/services to the application:
New:
Class 041 for Providing on-line facilities in the nature of a website which enables a wide variety of audio, video, text, and other multimedia content and information in the fields of music, concerts, videos, radios, television, news, sports, games, cultural events, and entertainment
Section 1(b), the applicant has 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. (15 U.S.C. Section 1051(b)).
Applicant hereby adds the following class of goods/services to the application:
New:
Class 042 for online services, namely search engines for obtaining data via communications networks; providing search engines for obtaining data on a global computer network; providing temporary use of on-line non-downloadable software to enable users to program and access audio, video, text, and other multimedia content namely music, concerts, videos, television, news, sports, games, cultural events, entertainment related programs; Internet services, namely, creating indexes of information, sites and other resources available on global computer networks for others; Providing customized online web pages featuring user-defined information, namely engines for searching, browsing, and retrieving information, and online web links to other web sites
Section 1(b), the applicant has 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. (15 U.S.C. Section 1051(b)).

Fees
Fee(s) in the amount of $650 is being submitted.


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: /jgard/      Date: 05/30/2007
Signatory's Name: Julia Spoor Gard
Signatory's Position: Attorney for Applicant

Response Signature
Signature: /jgard/     Date: 05/30/2007
Signatory's Name: Julia Spoor Gard
Signatory's Position: Attorney 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.
        
RAM Sale Number: 3356
RAM Accounting Date: 05/31/2007
        
Serial Number: 78925961
Internet Transmission Date: Wed May 30 21:05:27 EDT 2007
TEAS Stamp: USPTO/ROA-XXX.X.X.X-20070530210527871032
-78925961-37036111356cdf5e1f6a317bd77b75
0afd1-DA-3356-20070530204628432417