PTO Form 1957 (Rev 9/2005) |
OMB No. 0651-0050 (Exp. 07/31/2017) |
Response to Office Action
The table below presents the data as entered.
Input Field
|
Entered
|
SERIAL NUMBER |
85393584 |
LAW OFFICE ASSIGNED |
LAW OFFICE 115 |
MARK SECTION |
MARK FILE NAME |
http://tess2.gov.uspto.report/ImageAgent/ImageAgentProxy?getImage=85393584 |
LITERAL ELEMENT |
H2 |
STANDARD CHARACTERS |
NO |
USPTO-GENERATED IMAGE |
NO |
ARGUMENT(S) |
The Office Action received on May 19, 2012, has been received and its contents duly noted. In response thereto, Applicant submits the following. The
Examiner has cited Reg. No. 4,091,060 against Applicant's mark for "internet broadcasting services; podcast and webcast transmission services; electronic transmission of data, images, signals
and audio via computer terminals and electronic devices" in Class 38. However, the refusal does not apply to Applicant's services of "television broadcasting
services; cable television broadcasting services; satellite transmission services" in Class 38. In order to remove the cited mark as a basis for refusal, Applicant has deleted the conflicting
recitation of services "internet broadcasting services; podcast and webcast transmission services; electronic transmission of data, images, signals and audio via computer terminals and
electronic devices." As a result, Applicant respectfully requests that Applicant's application for "television broadcasting services; cable television broadcasting services;
satellite transmission services" proceed to registration.
|
GOODS AND/OR SERVICES SECTION (current) |
INTERNATIONAL CLASS |
038 |
DESCRIPTION |
Television broadcasting services; cable television broadcasting services; internet broadcasting services; podcast and webcast
transmission services; satellite transmission services; electronic transmission of data, images, signals, and audio via computer terminals and electronic devices |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (proposed) |
INTERNATIONAL CLASS |
038 |
TRACKED TEXT DESCRIPTION |
Television broadcasting services; cable television broadcasting services;
internet broadcasting services; satellite transmission services; podcast and webcast transmission
services; electronic transmission of data, images, signals, and audio via computer terminals and electronic devices |
FINAL DESCRIPTION |
Television broadcasting services; cable television broadcasting services; satellite transmission services |
FILING BASIS |
Section 1(b) |
SIGNATURE SECTION |
RESPONSE SIGNATURE |
/tara reedy sliva/ |
SIGNATORY'S NAME |
Tara Reedy Sliva |
SIGNATORY'S POSITION |
Attorney of record, IL Bar Member |
SIGNATORY'S PHONE NUMBER |
212 768-5367 |
DATE SIGNED |
11/14/2012 |
AUTHORIZED SIGNATORY |
YES |
FILING INFORMATION SECTION |
SUBMIT DATE |
Wed Nov 14 11:28:08 EST 2012 |
TEAS STAMP |
USPTO/ROA-XXX.XXX.XXX.X-2
0121114112808149218-85393
584-490eea5f76bfd50c86282
99568a565475e4-N/A-N/A-20
121114105058517917 |
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.
85393584 H2 (Stylized and/or with Design, see http://tess2.gov.uspto.report/ImageAgent/ImageAgentProxy?getImage=85393584) has been amended as follows:
ARGUMENT(S)
In response to the substantive refusal(s), please note the following:
The Office Action received on May 19, 2012, has been received and its contents duly noted. In response thereto, Applicant submits the following. The
Examiner has cited Reg. No. 4,091,060 against Applicant's mark for "internet broadcasting services; podcast and webcast transmission services; electronic transmission of data, images, signals
and audio via computer terminals and electronic devices" in Class 38. However, the refusal does not apply to Applicant's services of "television broadcasting
services; cable television broadcasting services; satellite transmission services" in Class 38. In order to remove the cited mark as a basis for refusal, Applicant has deleted the conflicting
recitation of services "internet broadcasting services; podcast and webcast transmission services; electronic transmission of data, images, signals and audio via computer terminals and
electronic devices." As a result, Applicant respectfully requests that Applicant's application for "television broadcasting services; cable television broadcasting services;
satellite transmission services" proceed to registration.
CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 038 for Television broadcasting services; cable television broadcasting services; internet broadcasting services; podcast and webcast transmission services; satellite
transmission services; electronic transmission of data, images, signals, and audio via computer terminals and electronic devices
Original Filing Basis:
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was
entitled, to use the mark in commerce on or in connection with the identified goods/services in the application.
For a collective trademark, collective service mark, or collective membership
mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members
on or in connection with the identified goods/services/collective membership organization.
For a certification mark application: As of the application filing date, the applicant had a
bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will
not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that
meet the certification standards of the applicant.
Proposed:
Tracked Text Description: Television broadcasting services;
cable television broadcasting services;
internet
broadcasting services;
satellite transmission services;
podcast and webcast transmission services;
electronic transmission of data, images, signals, and audio via computer terminals and electronic devicesClass 038 for Television broadcasting services; cable television broadcasting
services; satellite transmission services
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was
entitled, to use the mark in commerce on or in connection with the identified goods/services in the application.
For a collective trademark, collective service mark, or collective membership
mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members
on or in connection with the identified goods/services/collective membership organization.
For a certification mark application: As of the application filing date, the applicant had a
bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will
not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that
meet the certification standards of the applicant.
SIGNATURE(S)
Response Signature
Signature: /tara reedy sliva/ Date: 11/14/2012
Signatory's Name: Tara Reedy Sliva
Signatory's Position: Attorney of record, IL Bar Member
Signatory's Phone Number: 212 768-5367
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: 85393584
Internet Transmission Date: Wed Nov 14 11:28:08 EST 2012
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.X-2012111411280814
9218-85393584-490eea5f76bfd50c8628299568
a565475e4-N/A-N/A-20121114105058517917