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. 86029226 SURROUND VISION(Standard Characters, see http://tess2.gov.uspto.report/ImageAgent/ImageAgentProxy?getImage=86029226) 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 Home theater and entertainment systems; sound systems; projection screens; electronics and related accessories; computer software and hardware; home video game consoles used with televisions and theater systems and arcade-based video game consoles and parts and fittings therefor; cinema theater facilities; cinema theaters; providing facilities for movies; movie theaters; movie showing; arranging, conducting and organizing exhibition of movies and shows
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: Home theater and entertainment systems; Home theater and entertainment systems comprised of projection screens, video monitors, image and audio projection systems, computer CPUs, audio amplifiers, audio speakers; sound systems; sound systems comprised of audio projection systems, computer CPUs, audio amplifiers, audio speakers; projection screens; electronics and related accessories; electronics and related accessories, namely projection screens, video monitors, image and audio projection systems, computer CPUs, audio amplifiers, audio speakers; computer software and hardware; computer software for processing and projecting video images and sound, and hardware; home video game consoles used with televisions and theater systems and arcade-based video game consoles and parts and fittings therefor; cinema theater facilities; cinema theaters; providing facilities for movies; movie theaters; movie showing; arranging, conducting and organizing exhibition of movies and showsClass 009 for Home theater and entertainment systems comprised of projection screens, video monitors, image and audio projection systems, computer CPUs, audio amplifiers, audio speakers; sound systems comprised of audio projection systems, computer CPUs, audio amplifiers, audio speakers; projection screens; electronics and related accessories, namely projection screens, video monitors, image and audio projection systems, computer CPUs, audio amplifiers, audio speakers; computer software for processing and projecting video images and sound, and hardware
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.

Applicant hereby adds the following class of goods/services to the application:
New: Class 028 for Home video game consoles used with an external display screen, namely, televisions and theater system display screens or monitors, and arcade-based video game consoles and parts and fittings therefor
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.

Applicant hereby adds the following class of goods/services to the application:
New: Class 041 for Cinema theater facilities; cinema theaters; providing facilities for movies; movie theaters; movie showing; arranging, conducting and organizing exhibition of movies and shows for entertainment purposes
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
Disclaimer
No claim is made to the exclusive right to use SURROUND apart from the mark as shown.


FEE(S)
Fee(s) in the amount of $650 is being submitted.

SIGNATURE(S)
Declaration Signature
I hereby elect to bypass the submission of a signed declaration, because I believe a declaration is not required by the rules of practice. I understand that the examining attorney could still, upon later review, require a signed declaration.
Response Signature
Signature: /mhuq/     Date: 01/21/2014
Signatory's Name: Muzamil Huq
Signatory's Position: Attorney for Applicant

Signatory's Phone Number: 212-326-0809

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.

        
RAM Sale Number: 86029226
RAM Accounting Date: 01/22/2014
        
Serial Number: 86029226
Internet Transmission Date: Tue Jan 21 14:07:44 EST 2014
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XXX-201401211407444
91388-86029226-5005c583a3e23a389fd95848b
b262fdefff18941428bdbb49a2daf87422969f3d
-DA-306-20140121140338498469