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. 85491825  (Stylized and/or with Design, see http://tess2.gov.uspto.report/ImageAgent/ImageAgentProxy?getImage=85491825) has been amended as follows:

MARK
Applicant proposes to amend the mark as follows:
Current: (Stylized and/or with Design, see http://tess2.gov.uspto.report/ImageAgent/ImageAgentProxy?getImage=85491825)
Proposed: (Stylized and/or with Design, see mark)
The color(s) green and white is/are claimed as a feature of the mark.
The mark consists of a white speech bubble with an image of a white telephone in the center, slightly tilted counterclockwise at about a 45 degree angle, with the earpiece and mouthpiece of the telephone facing upward towards the right. The speech bubble consists of a thick white outline with a green background inside the speech bubble.

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 009 for Downloadable software, namely, instant messaging software, file sharing software, communications software for electronically exchanging data, audio, video images and graphics via computer, mobile, wireless, telecommunications networks and downloadable computer software for processing images, graphics, audio, video, and text
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 09/10/2009 and first used in commerce at least as early as 09/10/2009 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Downloadable software, namely, instant messaging software, file sharing software, communications software for electronically exchanging data, audio, video images and graphics via computer, mobile, wireless, telecommunications networks and downloadable computer software for processing images, graphics, audio, video, and text; Downloadable software, namely, instant messaging software, file sharing software, communications software for electronically exchanging data, audio, video images and graphics via computer, mobile devices, wireless devices, and via telecommunications networks and downloadable computer software for processing images, graphics, audio, video, and textClass 009 for Downloadable software, namely, instant messaging software, file sharing software, communications software for electronically exchanging data, audio, video images and graphics via computer, mobile devices, wireless devices, and via telecommunications networks and downloadable computer software for processing images, graphics, audio, video, and text
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 09/10/2009 and first used in commerce at least as early as 09/10/2009 , and is now in use in such commerce.
SIGNATURE(S)
Response Signature
Signature: /Joshua J. Richman/     Date: 05/01/2012
Signatory's Name: Joshua J. Richman
Signatory's Position: Attorney of record, CA bar member

Signatory's Phone Number: (858) 272-0220

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: 85491825
Internet Transmission Date: Tue May 01 14:45:05 EDT 2012
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.XXX-20120501144505
662396-85491825-490297bb71740c8736ef8f5a
54de5c0a-N/A-N/A-20120501141927269464