Response to Office Action

PTO Form 1957 (Rev 9/2005)

OMB No. 0651-0050 (Exp. 04/30/2011)

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PTO Form 1957 (Rev 9/2005)

OMB No. 0651-0050 (Exp. 04/30/2011)

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 79077813 has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 009 for Apparatus for the recording, transmission or reproduction of sound, graphics or data; data processing equipment; telecommunications and communications apparatus and equipment; apparatus which includes integrated circuits or memory chips; computer peripheral apparatus and equipment (including modems); television set-top boxes and apparatus; games apparatus adapted for use with television receivers; exposed cinematographic film; CD-ROMs; pre-recorded DVDs, CDs, video tapes, discs and other recording media; digital storage media; computer entertainment apparatus and software including computer programs; electronic publications (downloadable) including those sold and distributed online; interactive computer, datacasting, multi-media, web site and Internet software, firmware and hardware products; calculators; pocket calculators; adding machines; accounting machines; calculating machines; sunglasses and other optical goods in this class; cameras; magnets; computer hardware, software and peripherals including those for personalized, interactive television programming; televisions; television peripheral remote controls; communication devices including transmitters, receivers and controls, and software for use therewith and accompanying manuals sold as a unit; photographic and cinematographic apparatus and instruments; exposed cinematographic film; electronic publications (downloadable); video games in this class, video game interactive remote control units and computer game software for use therewith and accompanying manuals sold as a unit; computers, televisions, digital video recorders, set top boxes, multi media interface devices, home entertainment devices and electronic accessories which go with those devices such as adaptors and external hard drives, smart phones, video phones, Internet enabled phones, wireless appliances and wireless reading devices, automotive LCD screens, projectors, mobile phones, games consoles, portable viewing devices, DVD and Blu-ray players, universal remote controls, MP3 and MP4 and media players, netbooks, digital photo frames, electronic signboards, airline, hotel and hospital multimedia systems, interfaces and devices and video devices; digital video recorders; personal video recorders; apparatus for remote scheduling/remote program scheduling of recording devices (via online or mobile phone or other mobile devices); convergent media/convergent media devices; home network systems and devices and online applications; cards in this class including credit cards, debit cards, transaction cards, smart cards, memory cards, cards containing a computer chip; and other updateable memory cards; peripheral equipment in this class for use with such cards
Original Filing Basis:
Filing Basis Section 66(a), Request for Extension of Protection to the United States. Section 66(a) of the Trademark Act, 15 U.S.C. §1141f.

Proposed:
Tracked Text Description: apparatus for the recording, transmission or reproduction of sound, graphics or data; data processing equipment; apparatus which includes integrated circuits or memory chips; telecommunications and communications apparatus and equipment; television set-top boxes and apparatus; television set-top boxes and internet enabled screens for reception of video content, namely, movies, television content, games, music videos, digital music, digital books and other publications; computer peripheral apparatus and equipment (including modems); games apparatus adapted for use with television receivers; computer hardware, software and peripherals for personalized, interactive television programming; television peripheral remote controls; exposed cinematographic film; apparatus for remote scheduling/remote program scheduling of recording devices via online or mobile phone or other mobile devices; CD-ROMs; computer network interface devices and software; pre-recorded DVDs, CDs, video tapes, discs and other recording media; digital storage media; computer entertainment apparatus and software including computer programs; electronic publications (downloadable) including those sold and distributed online; interactive computer, datacasting, multi-media, web site and Internet software, firmware and hardware products; calculators; pocket calculators; adding machines; accounting machines; calculating machines; sunglasses and other optical goods in this class; cameras; magnets; computer hardware, software and peripherals including those for personalized, interactive television programming; televisions; communication devices including transmitters, receivers and controls, and software for use therewith and accompanying manuals sold as a unit; photographic and cinematographic apparatus and instruments; exposed cinematographic film; electronic publications (downloadable); video games in this class, video game interactive remote control units and computer game software for use therewith and accompanying manuals sold as a unit; computers, televisions, digital video recorders, set top boxes, multi media interface devices, home entertainment devices and electronic accessories which go with those devices such as adaptors and external hard drives, smart phones, video phones, Internet enabled phones, wireless appliances and wireless reading devices, automotive LCD screens, projectors, mobile phones, games consoles, portable viewing devices, DVD and Blu-ray players, universal remote controls, MP3 and MP4 and media players, netbooks, digital photo frames, electronic signboards, airline, hotel and hospital multimedia systems, interfaces and devices and video devices; digital video recorders; personal video recorders; apparatus for remote scheduling/remote program scheduling of recording devices (via online or mobile phone or other mobile devices); convergent media/convergent media devices; home network systems and devices and online applications; cards in this class including credit cards, debit cards, transaction cards, smart cards, memory cards, cards containing a computer chip; and other updateable memory cards; peripheral equipment in this class for use with such cardsClass 009 for apparatus for the recording, transmission or reproduction of sound, graphics or data; apparatus which includes integrated circuits or memory chips; television set-top boxes and apparatus; television set-top boxes and internet enabled screens for reception of video content, namely, movies, television content, games, music videos, digital music, digital books and other publications; games apparatus adapted for use with television receivers; computer hardware, software and peripherals for personalized, interactive television programming; television peripheral remote controls; apparatus for remote scheduling/remote program scheduling of recording devices via online or mobile phone or other mobile devices; computer network interface devices and software

Filing Basis Section 66(a), Request for Extension of Protection to the United States. Section 66(a) of the Trademark Act, 15 U.S.C. §1141f.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 038 for Broadcasting services; interactive broadcasting services; television broadcasting services, including cable television; radio broadcasting services; interactive television broadcasting services; datacasting; telecommunications and communication services; interactive telecommunications and communication services; broadcasting of electronic programming guides; interactive communication, transmission and download of information and images on a wide range of topics provided via communication networks, computer network related telecommunication and communication services, broadband access services, wireless application protocol broadcasting services, text message service, telephone and cellular telephone services; provision of user access to a computer network; provision of access to databases containing information on a wide range of topics, including provision of on-line access provided via communication networks, electronic bulletin board services; subscription television broadcasting services; transmission of cable television and interactive audio and video services; personalized and interactive television transmission and programming services; transmission services providing Internet chat rooms; news agency services; providing telecommunications channels for teleshopping services; web messaging services; streaming of audio and video material on the Internet; wire services; services providing Internet Protocol Television; services providing Internet radio and video on demand; provision of telecommunication services by means of convergent media devices; online/Internet music services
Original Filing Basis:
Filing Basis Section 66(a), Request for Extension of Protection to the United States. Section 66(a) of the Trademark Act, 15 U.S.C. §1141f.

Proposed:
Tracked Text Description: broadcasting services; interactive broadcasting services; television broadcasting services, including cable television; radio broadcasting services; interactive television broadcasting services; datacasting; interactive telecommunications and communication access services; telecommunications and communication services; broadcasting of electronic programming guides; interactive telecommunications and communication services; electronic transmission of data; broadband access services, wireless application protocol broadcasting services,; interactive communication, transmission and download of information and images on a wide range of topics provided via communication networks, computer network related telecommunication and communication services, broadband access services, wireless application protocol broadcasting services, text message service, telephone and cellular telephone services; provision of user access to a global computer network; provision of user access to a computer network; electronic bulletin board services; provision of access to databases containing information on a wide range of topics, including provision of on-line access provided via communication networks, electronic bulletin board services; subscription television broadcasting services; transmission of cable television and interactive audio and video services; personalized and interactive television transmission services; personalized and interactive television transmission and programming services; transmission services providing Internet chat rooms; providing telecommunications channels for teleshopping services; news agency services; web messaging services; streaming of audio and video material on the Internet; services providing Internet Protocol Television; services providing Internet radio and video on demand; wire services; provision of telecommunication access services by means of convergent media devices; providing access to digital music websites on the internet; delivery of digital music by electronic transmission; provision of telecommunication services by means of convergent media devices; online/Internet music servicesClass 038 for broadcasting services; interactive broadcasting services; television broadcasting services, including cable television; interactive television broadcasting services; datacasting; interactive telecommunications and communication access services; broadcasting of electronic programming guides; electronic transmission of data; broadband access services, wireless application protocol broadcasting services,; provision of user access to a global computer network; electronic bulletin board services; subscription television broadcasting services; transmission of cable television and interactive audio and video services; personalized and interactive television transmission services; transmission services providing Internet chat rooms; providing telecommunications channels for teleshopping services; web messaging services; streaming of audio and video material on the Internet; services providing Internet Protocol Television; services providing Internet radio and video on demand; provision of telecommunication access services by means of convergent media devices; providing access to digital music websites on the internet; delivery of digital music by electronic transmission

Filing Basis Section 66(a), Request for Extension of Protection to the United States. Section 66(a) of the Trademark Act, 15 U.S.C. §1141f.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 041 for Educational services; entertainment services including education and entertainment services provided by, or in relation to, television broadcasting, cinematograph films and video tapes; entertainment services in the nature of television programmes including news programmes, live shows and interactive television programmes; pay and subscription television services in this class; television entertainment and publication of information online on a wide range of topics including digital recording of television programs for delayed, interactive and personalized viewing; online provision of television program listings and suggested viewing guides; electronic programming guides services; online personalized and interactive games; personalized and interactive entertainment services in the nature of providing personalized television programming and interactive television programming and games; provision of entertainment information, including an on screen interactive guide for selecting, administering and maintaining personalized television programming; providing entertainment via television, cable television, electronic equipment and video devices; entertainment services including those provided by, or in relation to, television broadcasting, cinematograph films, DVDs, CDs and video tapes; entertainment services in the nature of television programs including news programs, live shows, games and interactive television programs; publication and information services in relation to entertainment, games, news, education, sporting and cultural activities; production of radio and television programs including interactive programs; entertainment services in the nature of producing, distributing and disseminating programs and information; entertainment services in the nature of collecting, collating and distributing information; publishing services; sporting and cultural activities; organisation of competitions; including the provision of all the aforesaid services via broadcasts, television, radio, cable, direct satellite and electronic communications networks, including computer networks, global computer network related telecommunication and communication services, broadband access services, wireless application protocol, text message services, telephones and cellular telephones; film production; news and news reporter services; arranging and conducting of concerts, workshops and seminars; organising of shows; presentation of live performances; production of shows; rental of apparatus for sound and recording, television sets and scenery; providing on-line electronic publications; subtitling; script writing services; gaming services; provision of digital music, videos and television clips from the Internet
Original Filing Basis:
Filing Basis Section 66(a), Request for Extension of Protection to the United States. Section 66(a) of the Trademark Act, 15 U.S.C. §1141f.

Proposed:
Tracked Text Description: Educational services; online provision of television program listings and suggested viewing guides; entertainment services including education and entertainment services provided by, or in relation to, television broadcasting, cinematograph films and video tapes; providing online personalized and interactive games; entertainment services in the nature of television programmes including news programmes, live shows and interactive television programmes; personalized and interactive entertainment services in the nature of providing personalized television programming and interactive television programming and games; pay and subscription television services in this class; provision of entertainment information, including an on screen interactive guide for selecting, administering and maintaining personalized television programming; television entertainment and publication of information online on a wide range of topics including digital recording of television programs for delayed, interactive and personalized viewing; providing information in relation to entertainment, games, news, education, sporting and cultural activities; production of radio and television programs including interactive programs; electronic programming guides services; multimedia publishing of books, magazines, journals, software, games, music, and electronic publications; online personalized and interactive games; broadcasting of sporting competitions television, radio, cable, direct satellite and electronic communications networks, including computer networks and global computer networks, broadband access services, wireless application protocol, text message services, provision of digital music, videos and television clips from the Internet; providing entertainment via television, cable television, electronic equipment and video devices; entertainment services including those provided by, or in relation to, television broadcasting, cinematograph films, DVDs, CDs and video tapes; entertainment services in the nature of television programs including news programs, live shows, games and interactive television programs; publication and information services in relation to entertainment, games, news, education, sporting and cultural activities; entertainment services in the nature of producing, distributing and disseminating programs and information; entertainment services in the nature of collecting, collating and distributing information; publishing services; sporting and cultural activities; organisation of competitions; including the provision of all the aforesaid services via broadcasts, television, radio, cable, direct satellite and electronic communications networks, including computer networks, global computer network related telecommunication and communication services, broadband access services, wireless application protocol, text message services, telephones and cellular telephones; film production; news and news reporter services; arranging and conducting of concerts, workshops and seminars; organising of shows; presentation of live performances; production of shows; rental of apparatus for sound and recording, television sets and scenery; providing on-line electronic publications; subtitling; script writing services; gaming services; provision of digital music, videos and television clips from the InternetClass 041 for online provision of television program listings and suggested viewing guides; providing online personalized and interactive games; personalized and interactive entertainment services in the nature of providing personalized television programming and interactive television programming and games; provision of entertainment information, including an on screen interactive guide for selecting, administering and maintaining personalized television programming; providing information in relation to entertainment, games, news, education, sporting and cultural activities; production of radio and television programs including interactive programs; multimedia publishing of books, magazines, journals, software, games, music, and electronic publications; broadcasting of sporting competitions television, radio, cable, direct satellite and electronic communications networks, including computer networks and global computer networks, broadband access services, wireless application protocol, text message services, provision of digital music, videos and television clips from the Internet

Filing Basis Section 66(a), Request for Extension of Protection to the United States. Section 66(a) of the Trademark Act, 15 U.S.C. §1141f.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 042 for Design and development of computer hardware and software; computer engineering; computer engineering consultancy services; computer services including storage of data and applications on the Internet; recovery of computer data; data conversion of computer programs and data; computer systems design; installation and maintenance of computer software; recovery of computer data
Original Filing Basis:
Filing Basis Section 66(a), Request for Extension of Protection to the United States. Section 66(a) of the Trademark Act, 15 U.S.C. §1141f.

Proposed:
Tracked Text Description: Design and development of computer hardware and software; computer services including storage of data and applications on the Internet; computer engineering; computer engineering consultancy services; recovery of computer data; data conversion of computer programs and data; computer systems design; installation and maintenance of computer software; recovery of computer dataClass 042 for computer services including storage of data and applications on the Internet

Filing Basis Section 66(a), Request for Extension of Protection to the United States. Section 66(a) of the Trademark Act, 15 U.S.C. §1141f.

SIGNATURE(S)
Response Signature
Signature: /sud/     Date: 07/07/2010
Signatory's Name: Susan Upton Douglass
Signatory's Position: Attorney of Record

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.

        
Serial Number: 79077813
Internet Transmission Date: Wed Jul 07 15:00:16 EDT 2010
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.X-20100707150016451
959-79077813-4602a5d2a2a8d853e8fbdc4ae25
566f7e5-N/A-N/A-20100707145847713478