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. 85222261 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 mobile phones; computer software used to create visualizations of multi-dimensional designs in the fields of architecture, engineering, interior design, landscaping, game development and graphic arts; computer software for accessing, browsing, sharing, and communicating over computer networks and secure private networks; computer software for use in connecting to and searching the contents of remote computers, computer networks, and secure private networks; computer software for running web applications; computer search engine software; computer storage devices, namely, blank flash drives; computer mice and electric adapters
Original Filing Basis:
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 11/01/2000 and first used in commerce at least as early as 11/01/2000, and is now in use in such commerce.

Proposed:
Tracked Text Description: mobile phones; computer software used to create visualizations of multi-dimensional designs in the fields of architecture, engineering, interior design, landscaping, game development and graphic arts; computer software for accessing, browsing, sharing, and communicating over computer networks and secure private networks; computer software for accessing browsing over computer networks and secure private networks, also known as, communication software for providing access to the Internet; computer software for sharing of data and information over computer networks and secure private networks; computer software for communicating over computer networks and secure private networks, also known as, voice-over Internet protocol (VOIP) software, software for instant messaging, and software for reading and sending emails; computer software for use in connecting to and searching the contents of remote computers, computer networks, and secure private networks; computer software for running web applications; computer search engine software; computer storage devices, namely, blank flash drives; computer mice and electric adaptersClass 009 for mobile phones; computer software used to create visualizations of multi-dimensional designs in the fields of architecture, engineering, interior design, landscaping, game development and graphic arts; computer software for accessing browsing over computer networks and secure private networks, also known as, communication software for providing access to the Internet; computer software for sharing of data and information over computer networks and secure private networks; computer software for communicating over computer networks and secure private networks, also known as, voice-over Internet protocol (VOIP) software, software for instant messaging, and software for reading and sending emails; computer software for use in connecting to and searching the contents of remote computers, computer networks, and secure private networks; computer software for running web applications; computer search engine software; computer storage devices, namely, blank flash drives; computer mice and electric adapters
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 11/01/2000 and first used in commerce at least as early as 11/01/2000, and is now in use in such commerce.
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 035 for computerized on-line retail store services in the field of software applications for use on computers, mobile phones, and other electronic devices
Original Filing Basis:
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 03/01/2010 and first used in commerce at least as early as 03/01/2010, and is now in use in such commerce.

Proposed:
Tracked Text Description: computerized on-line retail store services in the field of software applications for use on computers, mobile phones, and other electronic devices; computerized on-line ordering services in the field of books.Class 035 for computerized on-line retail store services in the field of software applications for use on computers, mobile phones, and other electronic devices; computerized on-line ordering services in the field of books.
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 03/01/2010 and first used in commerce at least as early as 03/01/2010, and is now in use in such commerce.
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 042 for application service provided (ASP), namely, hosting computer software applications of others; computer services, namely, providing search engines to allow users to find blogs on a wide variety of topics; computer services, namely, providing a search engine to allow users to preview, order and download books, search full texts of books, find reviews and other information on books, search for magazine content, and find references books on other wide sites; provision of customized search engines for others; providing a web site that enables users to store, organize, track, monitor, and share health and medical information; providing technical information in the field of computer software development; providing a web site featuring software development tools, API's (application program interface) and technical resources; providing discussion groups and blogs for software developers
Original Filing Basis:
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 05/01/2002 and first used in commerce at least as early as 05/01/2002, and is now in use in such commerce.

Proposed:
Tracked Text Description: application service provided (ASP), namely, hosting computer software applications of others; application service provider (ASP) services, namely, hosting computer software applications of others; computer services, namely, providing search engines to allow users to find blogs on a wide variety of topics; computer services, namely, providing a search engine to allow users to preview, order and download books, search full texts of books, find reviews and other information on books, search for magazine content, and find references books on other wide sites; computer services, namely, providing a search engine to allow users to search full texts of books, find reviews and other information on books, search for magazine content, and find references books on other wide sites; provision of customized search engines for others; providing a web site that enables users to store, organize, track, monitor, and share health and medical information; providing technical information in the field of computer software development; providing a web site featuring software development tools and API's (application program interface) for developers.; providing a web site featuring software development tools, API's (application program interface) and technical resources; providing discussion groups and blogs for software developersClass 042 for application service provider (ASP) services, namely, hosting computer software applications of others; computer services, namely, providing search engines to allow users to find blogs on a wide variety of topics; computer services, namely, providing a search engine to allow users to search full texts of books, find reviews and other information on books, search for magazine content, and find references books on other wide sites; provision of customized search engines for others; providing technical information in the field of computer software development; providing a web site featuring software development tools and API's (application program interface) for developers.
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 05/01/2002 and first used in commerce at least as early as 05/01/2002, and is now in use in such commerce.
SIGNATURE(S)
Response Signature
Signature: /johanna sistek/     Date: 07/15/2011
Signatory's Name: Johanna F. Sistek
Signatory's Position: Trademark Counsel, Google Inc.

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: 85222261
Internet Transmission Date: Fri Jul 15 18:11:21 EDT 2011
TEAS Stamp: USPTO/ROA-XXX.XXX.XX.X-20110715181121571
180-85222261-4801a20575429f2e76b89486d51
13113343-N/A-N/A-20110715175448032824