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 |
85559875 |
LAW OFFICE ASSIGNED |
LAW OFFICE 111 |
MARK SECTION |
MARK |
http://tess2.gov.uspto.report/ImageAgent/ImageAgentProxy?getImage=85559875 |
LITERAL ELEMENT |
DEUS EX |
STANDARD CHARACTERS |
YES |
USPTO-GENERATED IMAGE |
YES |
MARK STATEMENT |
The mark consists of standard characters, without claim to any particular font style, size or color. |
GOODS AND/OR SERVICES SECTION (009)(current) |
INTERNATIONAL CLASS |
009 |
DESCRIPTION |
Downloadable electronic publications provided by means of multi-media electronic broadcast or network transmissions in the nature of
newsletters and magazines about electronic games and computer game strategy guides about video, computer, and electronic games; providing downloadable data in the nature of downloadable electronic
game programs and 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(e) |
FOREIGN REGISTRATION NUMBER |
010693539 |
FOREIGN REGISTRATION
COUNTRY |
European Community |
FOREIGN REGISTRATION
DATE |
09/10/2012 |
FOREIGN EXPIRATION DATE |
03/02/2022 |
DATE FOREIGN REGISTRATION
RENEWED
(if applicable) |
03/02/2022 |
GOODS AND/OR SERVICES SECTION (009)(proposed) |
INTERNATIONAL CLASS |
009 |
TRACKED TEXT DESCRIPTION |
Downloadable electronic publications provided by means of multi-media electronic broadcast or network
transmissions in the nature of newsletters and magazines about electronic games and computer game strategy guides about video, computer, and electronic games; Downloadable electronic publications provided by means of multi-media electronic broadcast or network transmissions in the nature of newsletters and magazines about electronic game programs,
and computer game strategy guides about video, computer, and electronic game programs; providing downloadable data in the nature of downloadable electronic game
programs and video computer and electronic games provided by means of multi-media electronic broadcast or network transmission; providing downloadable data in
the nature of downloadable electronic game programs and video computer games and electronic game programs 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; and providing computer game disks pre-recorded with computer game software; downloadable computer game software, video game software, and electronic game guides. |
FINAL DESCRIPTION |
Downloadable electronic publications provided by means of multi-media electronic broadcast or network transmissions in the nature of
newsletters and magazines about electronic game programs, and computer game strategy guides about video, computer, and electronic game programs; providing downloadable data in the nature of
downloadable electronic game programs and video computer games and electronic game programs provided by means of multi-media electronic broadcast or network transmission; and providing computer game
disks pre-recorded with computer game software; downloadable computer game software, video game software, and electronic game guides. |
FILING BASIS |
Section 44(e) |
FOREIGN REGISTRATION NUMBER |
010693539 |
FOREIGN REGISTRATION
COUNTRY |
European Community |
FOREIGN REGISTRATION
DATE |
09/10/2012 |
FOREIGN EXPIRATION DATE |
03/02/2022 |
DATE FOREIGN REGISTRATION
RENEWED
(if applicable) |
03/02/2022 |
GOODS AND/OR SERVICES SECTION (041)(no change) |
SIGNATURE SECTION |
RESPONSE SIGNATURE |
/Timothy P. Fraelich/ |
SIGNATORY'S NAME |
Timothy P. Fraelich |
SIGNATORY'S POSITION |
Attorney of Record, Ohio Bar Member |
SIGNATORY'S PHONE NUMBER |
216-586-3939 |
DATE SIGNED |
04/09/2013 |
AUTHORIZED SIGNATORY |
YES |
FILING INFORMATION SECTION |
SUBMIT DATE |
Tue Apr 09 11:11:52 EDT 2013 |
TEAS STAMP |
USPTO/ROA-XXX.XX.XXX.X-20
130409111152224151-855598
75-50050cd886c4d9033e3a28
4e59e6aeb61b7281d89b513fc
ada48ae26a8a982b2d0-N/A-N
/A-20130409110916239245 |
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 Downloadable electronic publications provided by means of multi-media electronic broadcast or network transmissions in the nature of newsletters and magazines about
electronic games and computer game strategy guides about video, computer, and electronic games; providing downloadable data in the nature of downloadable electronic game programs and 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
Original Filing Basis:
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.
Proposed:
Tracked Text Description: Downloadable electronic publications provided by means of multi-media electronic broadcast or network transmissions in the nature of
newsletters and magazines about electronic games and computer game strategy guides about video, computer, and electronic games;
Downloadable electronic
publications provided by means of multi-media electronic broadcast or network transmissions in the nature of newsletters and magazines about electronic game programs, and computer game strategy
guides about video, computer, and electronic game programs;
providing downloadable data in the nature of downloadable electronic game programs and video
computer and electronic games provided by means of multi-media electronic broadcast or network transmission;
providing downloadable data in the nature of
downloadable electronic game programs and video computer games and electronic game programs 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;
and providing computer game disks pre-recorded with computer game software;
downloadable computer
game software, video game software, and electronic game guides.Class 009 for Downloadable electronic publications provided by means of multi-media electronic broadcast or network transmissions
in the nature of newsletters and magazines about electronic game programs, and computer game strategy guides about video, computer, and electronic game programs; providing downloadable data in the
nature of downloadable electronic game programs and video computer games and electronic game programs provided by means of multi-media electronic broadcast or network transmission; and providing
computer game disks pre-recorded with computer game software; downloadable computer game software, video game software, and electronic game guides.
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, before the application may proceed to registration.
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.
SIGNATURE(S)
Response Signature
Signature: /Timothy P. Fraelich/ Date: 04/09/2013
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 Apr 09 11:11:52 EDT 2013
TEAS Stamp: USPTO/ROA-XXX.XX.XXX.X-20130409111152224
151-85559875-50050cd886c4d9033e3a284e59e
6aeb61b7281d89b513fcada48ae26a8a982b2d0-
N/A-N/A-20130409110916239245