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. 85081234 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 Terminals, bar code readers, optical readers and software used in connection therewith for capturing, receiving, storing, organizing and transmitting data, all of which used in connection with point-of-sale systems and for facilitating secure wireless transactions and for facilitating pairing between telecommunications equipment and electronic devices
Original Filing Basis:
Filing Basis: Section 1(b), Intent to Use: 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)).

Proposed:
Tracked Text Description: Terminals, bar code readers, optical readers and software used in connection therewith for capturing, receiving, storing, organizing and transmitting data, all of which used in connection with point-of-sale systems and for facilitating secure wireless transactions and for facilitating pairing between telecommunications equipment and electronic devices; Computer terminals, bar code readers, optical readers and software used in connection therewith for capturing, receiving, storing, organizing and transmitting data, all of which used in connection with point-of-sale systems and for facilitating secure wireless transactions and for facilitating pairing between telecommunications equipment and electronic devicesClass 009 for Computer terminals, bar code readers, optical readers and software used in connection therewith for capturing, receiving, storing, organizing and transmitting data, all of which used in connection with point-of-sale systems and for facilitating secure wireless transactions and for facilitating pairing between telecommunications equipment and electronic devices
Filing Basis: Section 1(b), Intent to Use: 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 proposes to amend the following class of goods/services in the application:
Current: Class 038 for Electronic commerce services, namely, electronic reception and transmission of data, images, telecommunications signals and information via computer; electronic data interchange network services; electronic transmission of data, electronic file transfer services over a global computer network; and providing telecommunications services for facilitating pairing between telecommunications equipment and electronic devices
Original Filing Basis:
Filing Basis: Section 1(b), Intent to Use: 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)).

Proposed:
Tracked Text Description: Electronic commerce services, namely, electronic reception and transmission of data, images, telecommunications signals and information via computer; Electronic transmission of data, images and electronic files in the nature of bar codes and product information over a global computer network; electronic data interchange network services; and providing telecommunications services for facilitating pairing between telecommunications equipment and electronic devices; electronic transmission of data, electronic file transfer services over a global computer networkClass 038 for Electronic transmission of data, images and electronic files in the nature of bar codes and product information over a global computer network; and providing telecommunications services for facilitating pairing between telecommunications equipment and electronic devices
Filing Basis: Section 1(b), Intent to Use: 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 036 for Electronic commerce payments services, namely, establishing funded accounts used to purchase goods and services on the Internet
Filing Basis: Section 1(b), Intent to Use: 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)).

FEE(S)
Fee(s) in the amount of $325 is being submitted.

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: /man/     Date: 04/12/2011
Signatory's Name: MATTHEW A. NEWBOLES
Signatory's Position: ATTORNEY OF RECORD CALIFORNIA 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.

        
RAM Sale Number: 10266
RAM Accounting Date: 04/12/2011
        
Serial Number: 85081234
Internet Transmission Date: Tue Apr 12 13:44:10 EDT 2011
TEAS Stamp: USPTO/ROA-XX.XXX.X.XX-201104121344100769
59-85081234-4806771ffd674f0b678c4b979429
71f2-DA-10266-20110412124711246834