PTO Form 1957 (Rev 9/2005) |
OMB No. 0651-0050 (Exp. 04/30/2011) |
Input Field |
Entered |
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SERIAL NUMBER | 85038675 |
LAW OFFICE ASSIGNED | LAW OFFICE 102 |
MARK SECTION (no change) | |
ARGUMENT(S) | |
Applicant submits this response to the Office Action, dated September 4, 2010. The Examining Attorney refuses registration of Applicant’s applied-for mark on the grounds that the following identifications in the goods and services are indefinite: Class 9: downloadable Internet browser plug-ins and client server applications in the nature of multi-function tool bar plug-ins. Class 35: providing online business directories. Class 41: operating and maintaining an online virtual world for entertainment purposes, namely, providing online computer games and entertainment content. For the reasons discussed herein, Applicant respectfully requests that the Examining Attorney withdraws the refusal. The Class 9 identification that is objected to is sufficiently specific. The Examining Attorney has requested that Applicant specify the functions provided by the plug-in that support search engine applications. However, the identification already provides the information the Examining Attorney is requesting. The goods are simply Internet browser and tool bar plug-ins. Plug-ins are software modules that add to the functionality of an application. In this case, plug-ins that are used in connection with Internet browsers and tool bars. The description provided in the application adequately specifies the nature of the plug-ins. Additionally, the US Patent and Trademark Office has allowed the description that the Examining Attorney is now rejecting. Applicant submits herewith for consideration the following: Application Ser. Nos. 77278177, 77635391, and 77666944; and Trademark Registration Nos. 3874999, 3039976, 3039977, and 2947765, attached hereto as Exhibit A. Applicant amends the disputed Class 41 services as follows: operating and maintaining an online virtual world for entertainment purposes, namely, providing online computer games and entertainment content in the nature of providing a virtual economy and a virtual currency for transaction of virtual commerce. Applicant amends the disputed Class 35 services as follows: providing online business directories featuring information on local businesses, including address, phone numbers and websites. Wherefore, Applicant respectfully requests that the refusal is withdrawn. |
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EVIDENCE SECTION | |
EVIDENCE FILE NAME(S) | |
ORIGINAL PDF FILE | evi_723724944-154550308_._HOPSCOTCH_EXHIBIT_A.pdf |
CONVERTED PDF FILE(S) (15 pages) |
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DESCRIPTION OF EVIDENCE FILE | Exhibit A |
GOODS AND/OR SERVICES SECTION (009)(no change) | |
GOODS AND/OR SERVICES SECTION (035)(current) | |
INTERNATIONAL CLASS | 035 |
DESCRIPTION | |
Business services, namely, providing links to the websites of others, namely, retail service providers in the field of consumer electronics, computers, clothing, automobiles, toys and games and a wide variety of other general consumer products; providing links to websites of others in the field of consumer products and services; providing consumer product information via the Internet; providing comparison shopping information; providing online consumer and retail directory information services also featuring hyperlinks to other websites; dissemination of advertising for others via the Internet; online advertising services for others, namely, providing advertising space on Internet web sites; promoting the goods and services of others by placing advertisements and promotional displays on electronic sites accessed through computer networks; providing online business directories | |
FILING BASIS | Section 1(b) |
GOODS AND/OR SERVICES SECTION (035)(proposed) | |
INTERNATIONAL CLASS | 035 |
TRACKED TEXT DESCRIPTION | |
Business services, namely, providing links to the websites of others, namely, retail service providers in the field
of consumer electronics, computers, clothing, automobiles, toys and games and a wide variety of other general consumer products; providing links to websites of others in
the field of consumer products and services; providing consumer product information via the Internet; providing comparison shopping
information; providing online consumer and retail directory information services also featuring hyperlinks to other websites; dissemination of
advertising for others via the Internet; online advertising services for others, namely, providing advertising space on Internet web sites; promoting the goods and services of others by placing advertisements and promotional displays on electronic sites accessed through computer networks; |
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FINAL DESCRIPTION | |
Business services, namely, providing links to the websites of others, namely, retail service providers in the field of consumer electronics, computers, clothing, automobiles, toys and games and a wide variety of other general consumer products; providing links to websites of others in the field of consumer products and services; providing consumer product information via the Internet; providing comparison shopping information; providing online consumer and retail directory information services also featuring hyperlinks to other websites; dissemination of advertising for others via the Internet; online advertising services for others, namely, providing advertising space on Internet web sites; promoting the goods and services of others by placing advertisements and promotional displays on electronic sites accessed through computer networks; providing online business directories featuring information on local businesses, including address, phone numbers and websites | |
FILING BASIS | Section 1(b) |
GOODS AND/OR SERVICES SECTION (038)(no change) | |
GOODS AND/OR SERVICES SECTION (041)(current) | |
INTERNATIONAL CLASS | 041 |
DESCRIPTION | |
Entertainment services, namely, providing on-line computer games, films and entertainment content; providing links to web sites of others in the field of entertainment; operating and maintaining an online virtual world for entertainment purposes, namely, providing online computer games and entertainment content, and providing a virtual economy and a virtual currency for transaction of virtual commerce | |
FILING BASIS | Section 1(b) |
GOODS AND/OR SERVICES SECTION (041)(proposed) | |
INTERNATIONAL CLASS | 041 |
TRACKED TEXT DESCRIPTION | |
Entertainment services, namely, providing on-line computer games, films and entertainment content;
providing links to web sites of others in the field of entertainment; |
|
FINAL DESCRIPTION | |
Entertainment services, namely, providing on-line computer games, films and entertainment content; providing links to web sites of others in the field of entertainment; operating and maintaining an online virtual world for entertainment purposes, namely, providing online computer games and entertainment content in the nature of providing a virtual economy and a virtual currency for transaction of virtual commerce | |
FILING BASIS | Section 1(b) |
GOODS AND/OR SERVICES SECTION (042)(no change) | |
SIGNATURE SECTION | |
RESPONSE SIGNATURE | /GRE/ |
SIGNATORY'S NAME | G. Roxanne Elings |
SIGNATORY'S POSITION | Attorney of Record, NY Bar Member |
DATE SIGNED | 03/04/2011 |
AUTHORIZED SIGNATORY | YES |
FILING INFORMATION SECTION | |
SUBMIT DATE | Fri Mar 04 15:52:41 EST 2011 |
TEAS STAMP | USPTO/ROA-XX.XX.XXX.XX-20 110304155241921282-850386 75-4804f1b846ebc77994a4b1 8f3ad50319fb-N/A-N/A-2011 0304154550308538 |
PTO Form 1957 (Rev 9/2005) |
OMB No. 0651-0050 (Exp. 04/30/2011) |
Applicant submits this response to the Office Action, dated September 4, 2010. The Examining Attorney refuses registration of Applicant’s applied-for mark on the grounds that the following identifications in the goods and services are indefinite:
Class 9: downloadable Internet browser plug-ins and client server applications in the nature of multi-function tool bar plug-ins.
Class 35: providing online business directories.
Class 41: operating and maintaining an online virtual world for entertainment purposes, namely, providing online computer games and entertainment content.
For the reasons discussed herein, Applicant respectfully requests that the Examining Attorney withdraws the refusal.
The Class 9 identification that is objected to is sufficiently specific. The Examining Attorney has requested that Applicant specify the functions provided by the plug-in that support search engine applications. However, the identification already provides the information the Examining Attorney is requesting. The goods are simply Internet browser and tool bar plug-ins. Plug-ins are software modules that add to the functionality of an application. In this case, plug-ins that are used in connection with Internet browsers and tool bars. The description provided in the application adequately specifies the nature of the plug-ins.
Additionally, the US Patent and Trademark Office has allowed the description that the Examining Attorney is now rejecting. Applicant submits herewith for consideration the following: Application Ser. Nos. 77278177, 77635391, and 77666944; and Trademark Registration Nos. 3874999, 3039976, 3039977, and 2947765, attached hereto as Exhibit A.
Applicant amends the disputed Class 41 services as follows: operating and maintaining an online virtual world for entertainment purposes, namely, providing online computer games and entertainment content in the nature of providing a virtual economy and a virtual currency for transaction of virtual commerce.
Applicant amends the disputed Class 35 services as follows: providing online business directories featuring information on local businesses, including address, phone numbers and websites.
Wherefore, Applicant respectfully requests that the refusal is withdrawn.