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. 85744825 HIGH IMPACT(Standard Characters, see http://tess2.gov.uspto.report/ImageAgent/ImageAgentProxy?getImage=85744825) 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 Graphic design and visual media design services, namely providing a wide variety of deomonstrative visual media utilizing exhibits, animations, multimedia presentations, reproduction of documents and photographs, timelines, custom graphics, color diagnostics, medical and technical illustrations, anatomical and technical models, and medical, legal, financial, pharmaceutical, educational and film exhibit consultation services
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 07/01/1998 and first used in commerce at least as early as 07/01/1998 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Graphic design and visual media design services, namely providing a wide variety of deomonstrative visual media utilizing exhibits, animations, multimedia presentations, reproduction of documents and photographs, timelines, custom graphics, color diagnostics, medical and technical illustrations, anatomical and technical models, and medical, legal, financial, pharmaceutical, educational and film exhibit consultation services; Graphic design services and visual design services, in the nature of designing visual elements for on-line, broadcast, print, outdoor and other communication media in the nature of exhibits, animations, multimedia presentations, timelines, color diagnostics, medical and technical illustrations, and anatomical and technical models for use in the medical, legal, financial, pharmaceutical, educational and and film industries; graphic design and visual design consultation services, namely, consultation related to the design and preparation of graphic and visual elements for on-line, broadcast, print, outdoor and other communication media for use in the medical, legal, financial, pharmaceutical, educational and film industriesClass 042 for Graphic design services and visual design services, in the nature of designing visual elements for on-line, broadcast, print, outdoor and other communication media in the nature of exhibits, animations, multimedia presentations, timelines, color diagnostics, medical and technical illustrations, and anatomical and technical models for use in the medical, legal, financial, pharmaceutical, educational and and film industries; graphic design and visual design consultation services, namely, consultation related to the design and preparation of graphic and visual elements for on-line, broadcast, print, outdoor and other communication media for use in the medical, legal, financial, pharmaceutical, educational and film industries
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 07/01/1998 and first used in commerce at least as early as 07/01/1998 , and is now in use in such commerce.
ADDITIONAL STATEMENTS
Miscellaneous Statement
Applicants hereby respectfully request that the examining attorney delete the previously made claim of acquired distinctiveness from the application record.


SIGNATURE(S)
Response Signature
Signature: /Denise M. Everett/     Date: 04/29/2013
Signatory's Name: Denise M. Everett
Signatory's Position: Attorney of record, Ohio and Kentucky state bar

Signatory's Phone Number: 502-540-2326

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: 85744825
Internet Transmission Date: Mon Apr 29 11:29:33 EDT 2013
TEAS Stamp: USPTO/ROA-XX.XXX.XX.XX-20130429112933653
704-85744825-500a935ae996054e06b2de2dfe4
53e3b4a8372732e76f728f35cb1fa26d4e4bcacb
-N/A-N/A-20130429110610059606