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 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
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 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; 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; and computer game disks pre-recorded with computer game software; downloadable computer game software, video game software, and electronic game guidesClass 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; 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 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: 04/15/2013
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: Mon Apr 15 10:56:45 EDT 2013
TEAS Stamp: USPTO/ROA-XXX.XX.XXX.X-20130415105645083
618-85559875-500d575e8d2ebe49c41c18f7087
111b8ae7ec38a834c013fc712122f3a40a123c6-
N/A-N/A-20130415105440154077