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. 85747220 TAPESTRY(Standard Characters, see http://tess2.gov.uspto.report/ImageAgent/ImageAgentProxy?getImage=85747220) 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 and desktop publication software; mobile device publication software; computer software to enable the authoring and display of written essays and other electronic media; mobile device software to enable authoring and display of written essays and other electronic media
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: computer and desktop publication software; Computer software for publishing text, images, pictures, video clips, audio clips, and other multimedia materials electronically, for use on desktop computers and on electronic mobile devices; mobile device publication software; computer software for writing and displaying written essays, text, images, pictures, video clips, audio clips, and other multimedia materials, for use on desktop computers and on electronic mobile devices; computer software to enable the authoring and display of written essays and other electronic media; mobile device software to enable authoring and display of written essays and other electronic mediaClass 009 for Computer software for publishing text, images, pictures, video clips, audio clips, and other multimedia materials electronically, for use on desktop computers and on electronic mobile devices; computer software for writing and displaying written essays, text, images, pictures, video clips, audio clips, and other multimedia materials, for use on desktop computers and on electronic mobile devices
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: /dwong/     Date: 05/15/2013
Signatory's Name: David A.W. Wong
Signatory's Position: Attorney of Record, Indiana Bar Member

Signatory's Phone Number: (317) 236-1313

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: 85747220
Internet Transmission Date: Wed May 15 10:15:02 EDT 2013
TEAS Stamp: USPTO/ROA-XXX.XX.XX.XX-20130515101502624
731-85747220-500c85a2bf661c58d957fc96261
f1daf5b86148f92ff3e1ef89ea6d883f5090-N/A
-N/A-20130515100504487308