Response to Office Action

PTO Form 1957 (Rev 9/2005)

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

---

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. 79081107 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 Scientific, electric, photographic, cinematographic, optical and teaching apparatus and instruments, apparatus for recording, transmitting, reproducing sound and/or images; magnetic, digital, electronic and analog data media, sound recording and audiovisual disks; recording disks; calculating machines, data processing equipment and computers
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: Scientific, electric, photographic, cinematographic, optical and teaching apparatus and instruments, apparatus for recording, transmitting, reproducing sound and/or images; DVDs featuring educational themes and entertainment directed to children; magnetic, digital, electronic and analog data media, sound recording and audiovisual disks; video game and computer game cassettes, discs and cartridges, video game machines for use with televisions; recording disks; downloadable screensavers via the Internet and wireless devices; calculating machines, data processing equipment and computers; and prerecorded digital media, namely, CDs, DVDs and downloadable multimedia files featuring cartoons and animated filmsClass 009 for DVDs featuring educational themes and entertainment directed to children; video game and computer game cassettes, discs and cartridges, video game machines for use with televisions; downloadable screensavers via the Internet and wireless devices; and prerecorded digital media, namely, CDs, DVDs and downloadable multimedia files featuring cartoons and animated films

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.

ADDITIONAL STATEMENTS
Disclaimer
No claim is made to the exclusive right to use Racing apart from the mark as shown.

Description of mark
The mark consists of white letters spelling the word POCOYO, with each individual letter in a colored box, i.e. P in a fuchsia box, O in a blue box, C in a green box, O in a lilac box, Y in an orange box, and O in a yellow box, with all the boxes surrounded by a white background with faint black shadowing. Below POCOYO is the wording RACING in blue with a white outlining and faint black shadowing. Above and partially behind the wording POCOYO is a black and white checkered flag.

SIGNATURE(S)
Declaration Signature
I hereby elect to bypass the submission of a signed declaration, because I believe a declaration is not required by the rules of practice. I understand that the examining attorney could still, upon later review, require a signed declaration.
Response Signature
Signature: /Michael A. Lisi/     Date: 07/20/2010
Signatory's Name: Michael A. Lisi
Signatory's Position: Attorney of record, Michigan bar member

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: 79081107
Internet Transmission Date: Tue Jul 20 18:17:38 EDT 2010
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XXX-201007201817384
79651-79081107-470c491112692b1be68bb4c57
b67d1c5ba-N/A-N/A-20100720175754297713