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. 85268118 IAM DIGITAL MASTER PORTRAIT SCULPTURE(Standard Characters, see http://tess2.gov.uspto.report/ImageAgent/ImageAgentProxy?getImage=85268118) 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 041 for SPORTS-THEMED STATUES AND FIGURINES MADE OF COLD CAST RESIN; SPORTS-THEMED MODELED PLASTIC TOY FIGURINES; PHOTOGRAPHIC COMPUTER IMAGING FOR OTHERS, NAMELY, THREE-DIMENSIONAL IMAGING, SCANNING AND NON-MEDICAL BODY SCANNING SERVICES FOR OTHERS; PHOTOGRAPHY SERVICES FOR OTHERS; PORTRAIT PHOTOGRAPHY SERVICES; DIGITAL IMAGING SERVICES, NAMELY, NON-MEDICAL THREE-DIMENSIONAL DIGITAL IMAGING OF THE HUMAN BODY FOR OTHERS; NON-MEDICAL THREE-DIMENSIONAL DIGITAL PHOTOGRAPHY SERVICES FOR OTHERS; LICENSING OF THREE-DIMENSIONAL PHOTOGRAPHIC IMAGES
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 01/24/2011 and first used in commerce at least as early as 01/24/2011 , and is now in use in such commerce.

Proposed:
Tracked Text Description: SPORTS-THEMED STATUES AND FIGURINES MADE OF COLD CAST RESIN; Photography services for others; SPORTS-THEMED MODELED PLASTIC TOY FIGURINES; portrait photography services; Digital imaging services, namely, non-medical three-dimensional digital imaging of the human body for others; Non-medical three-dimensional digital photography services for others; Photographic computer imaging for others, namely, three-dimensional imaging, scanning and non-medical body scanning services for others; LICENSING OF THREE-DIMENSIONAL PHOTOGRAPHIC IMAGESClass 041 for Photography services for others; portrait photography services; Digital imaging services, namely, non-medical three-dimensional digital imaging of the human body for others; Non-medical three-dimensional digital photography services for others; Photographic computer imaging for others, namely, three-dimensional imaging, scanning and non-medical body scanning services for others
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 01/24/2011 and first used in commerce at least as early as 01/24/2011 , and is now in use in such commerce.
Applicant hereby adds the following class of goods/services to the application:
New: Class 042 for Photo scanning services and electronic scanning of photographic images and artwork
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 01/24/2011 and first used in commerce at least as early as 01/24/2011 , and is now in use in such commerce.

ADDITIONAL STATEMENTS
Disclaimer
No claim is made to the exclusive right to use DIGITAL MASTER and PORTRAIT SCULPTURE apart from the mark as shown.


Claim of Active Prior Registration(s)
The applicant claims ownership of U.S. Registration Number(s) 3715638, 3854324, 3835687, and others.


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

SIGNATURE(S)
Declaration Signature
If the applicant is seeking registration under Section 1(b) and/or Section 44 of the Trademark Act, the applicant has had 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. 37 C.F.R. Secs. 2.34(a)(2)(i); 2.34 (a)(3)(i); and 2.34(a)(4)(ii); and/or the applicant has had a bona fide intention to exercise legitimate control over the use of the mark in commerce by its members. 37 C.F. R. Sec. 2.44. If the applicant is seeking registration under Section 1(a) of the Trademark Act, the mark was in use in commerce on or in connection with the goods and/or services listed in the application as of the application filing date or as of the date of any submitted allegation of use. 37 C.F.R. Secs. 2.34(a)(1)(i); and/or the applicant has exercised legitimate control over the use of the mark in commerce by its members. 37 C.F.R. Sec. 2.44. The undersigned, being hereby warned that willful false statements and the like so made are punishable by fine or imprisonment, or both, under 18 U.S.C. Section 1001, and that such willful false statements may jeopardize the validity of the application or any resulting registration, declares that he/she is properly authorized to execute this application on behalf of the applicant; he/she believes the applicant to be the owner of the trademark/service mark sought to be registered, or, if the application is being filed under 15 U.S.C. Section 1051(b), he/she believes applicant to be entitled to use such mark in commerce; to the best of his/her knowledge and belief no other person, firm, corporation, or association has the right to use the mark in commerce, either in the identical form thereof or in such near resemblance thereto as to be likely, when used on or in connection with the goods/services of such other person, to cause confusion, or to cause mistake, or to deceive; that if the original application was submitted unsigned, that all statements in the original application and this submission made of the declaration signer's knowledge are true; and all statements in the original application and this submission made on information and belief are believed to be true.

Signature: /RMORRIS/      Date: 11/29/2011
Signatory's Name: RICHARD L MORRIS JR ESQ
Signatory's Position: ATTORNEY OF RECORD
Signatory's Phone Number: 3056736686


Response Signature
Signature: /RMORRIS/     Date: 11/29/2011
Signatory's Name: RICHARD L MORRIS JR ESQ
Signatory's Position: ATTORNEY OF RECORD

Signatory's Phone Number: 3056736686

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: 6298
RAM Accounting Date: 11/30/2011
        
Serial Number: 85268118
Internet Transmission Date: Tue Nov 29 17:58:29 EST 2011
TEAS Stamp: USPTO/ROA-XX.XX.XXX.XXX-2011112917582975
1949-85268118-490d52c6d3dbb29fdad1ef17d4
62d80132-CC-6298-20111129175425206293