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. 85802219 BOOST SERIOUSLY FUN LEARNING(Standard Characters, see http://tess2.gov.uspto.report/ImageAgent/ImageAgentProxy?getImage=85802219) has been amended as follows:

ARGUMENT(S)
In response to the substantive refusal(s), please note the following:

Attorney Docket:  1309-36

IN THE UNITED STATES PATENT AND TRADEMARK OFFICE

Applicant:       Dover Publications, Inc.

App. Ser. No.: 85/802,219  

Filing Date:     December 13, 2012

Mark:               BOOST SERIOUSLY FUN LEARNING

 

Examining Attorney:  Tina Brown, Esq.

Law Office:                105

Box Responses NO FEE

Commissioner for Trademarks

P.O. Box 1451

Alexandria, Virginia 22313-1451

RESPONSE TO OFFICE ACTION

Madam:

This communication is in response to the Office Action dated March 31, 2013 in connection with the above-identified matter.

Amendments 

Please amend the present application by inserting the following Disclaimer.

No claim is made to the exclusive right to use “LEARNING” apart from the mark as shown.

 

Please amend the description of goods and services to read as follows:

In International Class 9:

Children's educational software; Communications software for connecting to a remotely accessible website featuring education lessons and educational materials; Computer hardware and software system for remotely monitoring environmental conditions and controlling devices within a building, facility, grounds, or designated spatial area; Digital media, namely, CD-ROMS and DVDs featuring educational materials related to education and lessons in the field of math, science, social studies, English and literature; Downloadable cloud computer software for playing educational  games and instruction in the field of math, science, social studies, English and literature, accessing educational materials and activitiesfor use in conjunction with school lessons, education and materials associated with education.

In International Class 16:

Printed matter, namely, paper signs, books, manuals, curriculum, newsletters, informational cards and brochures in the field of learning and education related to math, science, social studies, English and literature.

Please amend the Description of goods and Services in the following manner:

In International Class 039:

Please withdraw the claim for use of the present Mark with services in International Class 39.

 

Remarks 

Applicant gratefully acknowledges the Examining Attorney’s Official Finding that a search of the Records of the U.S. Patent and Trademark Office indicates that there are no pending or registered trademarks preventing the registration of applicant’s mark.

The Examining Attorney has required that applicant disclaim the term “LEARNING”.  Further to the Examining Attorney’s instructions, a disclaimer of “LEARNING” has been submitted herein. 

The Examining Attorney has required applicant clarify the identification of goods and services. In accordance with the Examiner’s requirements, amendment to the description of goods and services has been made herein. Further to the Examining Attorney’s requirements, Applicant has withdrawn the claim for services in International Class 039.  Review and acceptance of the amendments and withdrawal of the objection are each respectfully requested.

A good faith effort has been made to place the present application in condition for Publication and such action is earnestly solicited. If there are any further questions prior to Publication, the Examining Attorney is respectfully requested to contact the undersigned.

  

Dated:  April 8, 2013 

Respectfully submitted,

THE MARTINEZ GROUP PLLC

By:  /Frank J. Martinez/               

Attorney for Applicant/Attorney-in-Fact for

Dover Publications, Inc.

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant hereby deletes the following class of goods/services from the application.
Class 039 for Providing a website featuring information in the field of education and school lessons transportation

ADDITIONAL STATEMENTS
Disclaimer
No claim is made to the exclusive right to use LEARNING apart from the mark as shown.


SIGNATURE(S)
Response Signature
Signature: /Frank J. Martinez, Esq./     Date: 04/08/2013
Signatory's Name: Frank J. Martinez
Signatory's Position: Attorney for Applicant/Attorney-in-Fact

Signatory's Phone Number: 718.797.2341

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: 85802219
Internet Transmission Date: Mon Apr 08 17:06:52 EDT 2013
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XX-2013040817065290
3223-85802219-500aa2ce8eea71f95c216f9d7e
a731f729adbfa51bc91d175cd980f05a81173f6b
-N/A-N/A-20130408170221551704