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. 85559875 DEUS EX(Standard Characters, see http://tess2.gov.uspto.report/ImageAgent/ImageAgentProxy?getImage=85559875) 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 Computer game software; computer games recorded on computer discs; video game software; video games recorded on computer discs; electronic game software for mobile phones; computer game software supplied on line by means of multi-media electronic broadcast or network transmission; downloadable electronic publications in the nature of newsletters and magazines featuring electronic games, computer game strategy guides featuring information about video, computer, and electronic games provided by means of multi-media electronic broadcast or network transmission; downloadable data in the nature of downloadable electronic games featuring information about video, computer and electronic games provided by means of multi-media electronic broadcast or network transmission, disks and tapes pre-recorded with computer game software, video game software, or other electronic publications in the nature of game guides having games as their subject matter
Original Filing Basis:
Filing Basis: Section 44(d), Priority based on foreign filing: 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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority based upon a foreign application. For a certification 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 authorized users in connection with the identified goods/services, 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 or services that meet the certification standards of the applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on[ European Community application number 010693539 filed 03/02/2012]. 15 U.S.C.Section 1126(d), as amended.

Proposed:
Tracked Text Description: Computer game software; Downloadable electronic publications provided by means of multi-media electronic broadcast or network transmissions in the nature of newsletters and magazines featuring information about electronic games and computer game strategy guides featuring information about video, computer, and electronic games; computer games recorded on computer discs; providing downloadable data in the nature of downloadable electronic game programs and information about video computer and electronic games provided by means of multi-media electronic broadcast or network transmission; video game software; and providing downloadable disks and tapes pre-recorded with computer game software, video game software, or other electronic publications in the nature of game guides having games as their subject matter; video games recorded on computer discs; electronic game software for mobile phones; computer game software supplied on line by means of multi-media electronic broadcast or network transmission; downloadable electronic publications in the nature of newsletters and magazines featuring electronic games, computer game strategy guides featuring information about video, computer, and electronic games provided by means of multi-media electronic broadcast or network transmission; downloadable data in the nature of downloadable electronic games featuring information about video, computer and electronic games provided by means of multi-media electronic broadcast or network transmission, disks and tapes pre-recorded with computer game software, video game software, or other electronic publications in the nature of game guides having games as their subject matterClass 009 for Downloadable electronic publications provided by means of multi-media electronic broadcast or network transmissions in the nature of newsletters and magazines featuring information about electronic games and computer game strategy guides featuring information about video, computer, and electronic games; providing downloadable data in the nature of downloadable electronic game programs and information about video computer and electronic games provided by means of multi-media electronic broadcast or network transmission; and providing downloadable disks and tapes pre-recorded with computer game software, video game software, or other electronic publications in the nature of game guides having games as their subject matter
Filing Basis: Section 44(d), Priority based on foreign filing: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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority based upon a foreign application. For a certification 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 authorized users in connection with the identified goods/services, 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 or services that meet the certification standards of the applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on [ European Community application number 010693539 filed 03/02/2012]. 15 U.S.C.Section 1126(d), as amended.

Filing Basis: Section 44(e), Based on Foreign Registration:For all applications: The applicant attaches a copy of [ European Community registration number 010693539 registered 09/10/2012 with a renewal date of 03/02/2022 and an expiration date of 03/02/2022 ], and translation thereof, if appropriate. 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. 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 on or 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 or services that meet the certification standards of the applicant.
Original PDF file:
FRU0-168981314-103059234_._ECTM_-_DEUS_EX.pdf
Converted PDF file(s) ( 6 pages)
Foreign Registration-1
Foreign Registration-2
Foreign Registration-3
Foreign Registration-4
Foreign Registration-5
Foreign Registration-6

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 041 for Entertainment services, namely, providing on-line computer games; games, interactive games, and video games provided on-line from databases or websites and global computer networks; and publication of books, magazines and manuals
Original Filing Basis:
Based on Foreign Application: Applicant has had a bona fide intention to use the mark in commerce on or in connection with the identified goods and/or services, and will submit a copy of a foreign registration, and translation thereof, if appropriate. 15 U. S.C. Section 1126(d), as amended.

Proposed:
Tracked Text Description: Entertainment services, namely, providing on-line computer games; Entertainment services, namely, providing on-line computer games, video games, temporary use of nondownloadable inter-active games, and video games provided on-line from databases or web sites and global computer networks; games, interactive games, and video games provided on-line from databases or websites and global computer networks; and publication of books, magazines, and manuals; and publication of books, magazines and manualsClass 041 for Entertainment services, namely, providing on-line computer games, video games, temporary use of nondownloadable inter-active games, and video games provided on-line from databases or web sites and global computer networks; and publication of books, magazines, and manuals
Based on Foreign Application: Applicant has a bona fide intention to use the mark in commerce on or in connection with the identified goods and/or services, and will submit a copy of a foreign registration, and translation thereof, if appropriate. 15 U. S.C. Section 1126(d), as amended.

Filing Basis: Section 44(e), Based on Foreign Registration:For all applications: The applicant attaches a copy of [ European Community registration number 010693539 registered 09/10/2012 with a renewal date of 03/02/2022 and an expiration date of 03/02/2022 ], and translation thereof, if appropriate. 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. 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 on or 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 or services that meet the certification standards of the applicant.
Original PDF file:
FRU1-168981314-103059234_._ECTM_-_DEUS_EX.pdf
Converted PDF file(s) ( 6 pages)
Foreign Registration-1
Foreign Registration-2
Foreign Registration-3
Foreign Registration-4
Foreign Registration-5
Foreign Registration-6

SIGNATURE(S)
Declaration Signature
I hereby elect to bypass the submission of a signed declaration, because I believe a declaration is not required by the rules of practice. I understand that the examining attorney could still, upon later review, require a signed declaration.
Response Signature
Signature: /Timonthy P. Fraelich/     Date: 02/26/2013
Signatory's Name: Timothy P. Fraelich
Signatory's Position: Attorney of Record, Ohio Bar Member

Signatory's Phone Number: 216-586-3939

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: 85559875
Internet Transmission Date: Tue Feb 26 10:34:41 EST 2013
TEAS Stamp: USPTO/ROA-XXX.XX.XXX.X-20130226103441343
626-85559875-500b175877592a0602b6cfa1a81
3be109a3ce12468c12041ea8efc726d568d6ff-N
/A-N/A-20130226103059234948