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. 85928809 DISNEY FROZEN (Stylized and/or with Design, see http://tess2.gov.uspto.report/ImageAgent/ImageAgentProxy?getImage=85928809) 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 Apparatus for recording, transmission or reproduction of sound or images; audio books; audio recordings; audio and visual recordings; video game software; computer programs and software; consumer electronics and accessories therefor; eyeglasses and sunglasses and accessories therefor; binoculars; decorative magnets; graduated rulers
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: Apparatus for recording, transmission or reproduction of sound or images; audio books; audio books in the nature of novels; audio recordings; audio recordings featuring music, stories, dramatic performances, non-dramatic performances, learning activities for children, and games; audio and visual recordings; downloadable ringtones and sound recordings featuring music and other sounds, all for wireless communications devices; audio and visual recordings featuring live-action entertainment, animated entertainment, music, stories, and games for children; computer programs and software; musical recordings; consumer electronics and accessories therefor; video game software; eyeglasses and sunglasses and accessories therefor; computer game software and computer game programs; consumer electronics, namely, computer software featuring learning activities for children, computer chips, computer hardware and peripheral devices, mouse pads, wrist and arm rests for use with computers, calculators, electrical and optical cables, electronic personal organizer, personal digital assistants, camcorders, cameras, digital cameras, optical and magneto-optical disc players and recorders for audio, video and computer data, radios, television sets, audio speakers, headphones, earphones, walkie-talkies, telephones, videophones, head sets for cellular telephones, adapters for cellular telephones, batteries for cellular telephones, cases for cellular telephones, cell phone faceplates, eyeglasses, sunglasses, eyeglass and sunglass cases; decorative magnets; binoculars; graduated rulers; decorative magnets, graduated rulersClass 009 for Apparatus for recording, transmission or reproduction of sound or images; audio books in the nature of novels; audio recordings featuring music, stories, dramatic performances, non-dramatic performances, learning activities for children, and games; downloadable ringtones and sound recordings featuring music and other sounds, all for wireless communications devices; audio and visual recordings featuring live-action entertainment, animated entertainment, music, stories, and games for children; musical recordings; video game software; computer game software and computer game programs; consumer electronics, namely, computer software featuring learning activities for children, computer chips, computer hardware and peripheral devices, mouse pads, wrist and arm rests for use with computers, calculators, electrical and optical cables, electronic personal organizer, personal digital assistants, camcorders, cameras, digital cameras, optical and magneto-optical disc players and recorders for audio, video and computer data, radios, television sets, audio speakers, headphones, earphones, walkie-talkies, telephones, videophones, head sets for cellular telephones, adapters for cellular telephones, batteries for cellular telephones, cases for cellular telephones, cell phone faceplates, eyeglasses, sunglasses, eyeglass and sunglass cases; binoculars; decorative magnets, graduated rulers
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.

ADDITIONAL STATEMENTS
Claim of Active Prior Registration(s)
The applicant claims ownership of U.S. Registration Number(s) 2888282, 3235413, 3410201, and others.


SIGNATURE(S)
Response Signature
Signature: //Kevin Daley//     Date: 12/04/2013
Signatory's Name: Kevin Daley
Signatory's Position: Attorney of record, California bar member

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: 85928809
Internet Transmission Date: Wed Dec 04 11:10:39 EST 2013
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.XX-201312041110399
50518-85928809-500f959d2c6ec22cd1b4e7c7a
db253add55e0b576d73c3e9f182b1d71bbcce5ca
8f-N/A-N/A-20131204090337921904