Response to Office Action

PTO Form 1957 (Rev 9/2005)

OMB No. 0651-0050 (Exp. 07/31/2017)

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PTO Form 1957 (Rev 9/2005)

OMB No. 0651-0050 (Exp. 07/31/2017)

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 79114733 VICI (Stylized and/or with Design, see http://tess2.gov.uspto.report/ImageAgent/ImageAgentProxy?getImage=79114733) 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 029 for Foods prepared from fish; fish, preserved; fish (not live); fish, tinned; salted fish; fish filets
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: Foods prepared from fish; Foods prepared from fish, namely, fish croquettes, frozen and vacuumed fish-based products consisting primarily of surimi, fish meal for human consumption, frozen fish, smoked fish, salads of fish, semimanufactures made from fish; fish, preserved; preserved fish; fish (not live); tinned fish; fish, tinned; fish, not live; salted fish; fish namely, salted fish not live; fish filets; fish filletsClass 029 for Foods prepared from fish, namely, fish croquettes, frozen and vacuumed fish-based products consisting primarily of surimi, fish meal for human consumption, frozen fish, smoked fish, salads of fish, semimanufactures made from fish; preserved fish; tinned fish; fish, not live; fish namely, salted fish not live; fish fillets

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
Color Claim
The color(s) red, blue, and white is/are claimed as a feature of the mark.

Description of mark
The mark consists of The word VICI in red within a white oval having a red border, the figure of a blue seagull appears above the letter C.

Significance of wording, letter(s), or numeral(s)
VICI appearing in the mark has no significance nor is it a term of art in the relevant trade or industry or as applied to the goods/services listed in the application, or any geographical significance. The word(s) VICI has no meaning in a foreign language.


SIGNATURE(S)
Response Signature
Signature: /Nicholas D. Wells/     Date: 01/28/2013
Signatory's Name: Nicholas D. Wells
Signatory's Position: Attorney of record, New York bar member

Signatory's Phone Number: 801-444-7143

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: 79114733
Internet Transmission Date: Mon Jan 28 12:25:27 EST 2013
TEAS Stamp: USPTO/ROA-XX.XX.XX.XXX-20130128122527350
365-79114733-490ec44842a425d9f763ee1021a
05dcbfd-N/A-N/A-20130128121714740855