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. 85394948 VIDEOBASH (Stylized and/or with Design, see http://tess2.gov.uspto.report/ImageAgent/ImageAgentProxy?getImage=85394948) 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 038 for Video-on-demand transmission services; video broadcasting; transmission of voice, data, and images, all in the field of recreation and entertainment
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 06/23/2010 and first used in commerce at least as early as 06/23/2010 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Video-on-demand transmission services; video broadcasting; transmission of voice, data, and images, all in the field of recreation and entertainment; electronic, electric, and digital transmission of voice, data, and images, all in the field of adult entertainmentClass 038 for Video-on-demand transmission services; video broadcasting; electronic, electric, and digital transmission of voice, data, and images, all in the field of adult entertainment
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 06/23/2010 and first used in commerce at least as early as 06/23/2010 , and is now in use in such commerce.
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 041 for Entertainment services, namely providing a website featuring video, photographs, images, audio, games and text in the field of recreation and entertainment via a global computer network
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 06/23/2010 and first used in commerce at least as early as 06/23/2010 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Entertainment services, namely providing a website featuring video, photographs, images, audio, games and text in the field of recreation and entertainment via a global computer network; Entertainment services, namely, providing a website featuring non-downloadable video, photographs, images, audio, and text in the field of adult entertainment via a global computer networkClass 041 for Entertainment services, namely, providing a website featuring non-downloadable video, photographs, images, audio, and text in the field of adult entertainment via a global computer network
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 06/23/2010 and first used in commerce at least as early as 06/23/2010 , and is now in use in such commerce.
SIGNATURE(S)
Response Signature
Signature: /Alexa L. Lewis/     Date: 05/31/2012
Signatory's Name: Alexa L. Lewis
Signatory's Position: Attorney of record, California bar member

Signatory's Phone Number: 310-312-2000

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: 85394948
Internet Transmission Date: Thu May 31 19:21:42 EDT 2012
TEAS Stamp: USPTO/ROA-XXX.X.XXX.XXX-2012053119214290
1882-85394948-490aaa52341ee1ace32eea3fed
175c3e9-N/A-N/A-20120531191938541411