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. 85612440 JAMES CAMERON'S AVATAR(Standard Characters, see http://tess2.gov.uspto.report/ImageAgent/ImageAgentProxy?getImage=85612440) 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 042 for Providing on-line databases featuring information regarding motion picture films, television shows and entertainment; providing search engines for obtaining data featuring information regarding motion picture films, television shows and entertainment on a global computer network; hosting of digital content on the Internet, on-line journals and blogs; all the foregoing excluding the fields of education management, behavioral health and mental health care, and public health
Original Filing Basis:
Filing Basis: Section 1(b), Intent to Use: 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 in the 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. 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 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/services that meet the certification standards of the applicant.

Proposed:
Tracked Text Description: Providing on-line databases featuring information regarding motion picture films, television shows and entertainment; Providing search engines for obtaining data featuring information regarding motion picture films, television shows and entertainment on a global computer network; hosting of digital content on the Internet; hosting of digital content on the Internet, on-line journals and blogs; all the foregoing excluding the fields of education management, behavioral health and mental health care, and public healthClass 042 for Providing search engines for obtaining data featuring information regarding motion picture films, television shows and entertainment on a global computer network; hosting of digital content on the Internet; all the foregoing excluding the fields of education management, behavioral health and mental health care, and public health
Filing Basis: Section 1(b), Intent to Use: 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 in the 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. 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 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/services that meet the certification standards of the applicant.

SIGNATURE(S)
Response Signature
Signature: /Michelle P. Ciotola/     Date: 02/04/2014
Signatory's Name: Michelle P. Ciotola
Signatory's Position: Attorney of Record, Connecticut and New York Bar Member

Signatory's Phone Number: (860) 286-2929

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: 85612440
Internet Transmission Date: Tue Feb 04 09:01:31 EST 2014
TEAS Stamp: USPTO/ROA-XX.XXX.XX.X-201402040901311157
52-85612440-500d25853266787f616fa9a3def5
9858887bbd0d2a65dba28dbfbbbb405ecc28-N/A
-N/A-20140203093917760616