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. 86194382 DOCOMO D (Stylized and/or with Design, see http://uspto.report/TM/86194382/mark.png) 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 035 for Advertising and promotional services; marketing research services; Rental of advertising space; Banner advertising; Promoting the goods and services of others by arranging for businesses to affiliate their goods and services with the goods and services of third parties by means of sponsorship relationships; Retail services or wholesale services for animated products, namely pre-recorded discs, pre-recorded video tapes, computer game programs, computer game software, downloadable electronic publications, downloadable music files, downloadable image files, downloadable video files; Retailing and wholesaling of entertainment products, namely toys, toy figures, pre-recorded discs, pre-recorded video tapes, computer game programs, computer game software, downloadable electronic publications, downloadable music files, downloadable image files, downloadable video files, stationery, clothing, footwear, headgear, key holders; Retail services of pre-recorded discs, pre-recorded video tapes, toys, stationery, computer game programs, computer game software, clothing, footwear, headgear, key holders, toy figures, downloadable electronic publications, downloadable music files, downloadable image files, downloadable video files, digital recording media, by means of an on-line marketplace; Online auction services; Arranging and conducting trade exhibition and exposition
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: Advertising and promotional services; Retail and wholesale services in the nature of stores featuring animated products, namely pre-recorded discs, pre-recorded video tapes, computer game programs, computer game software, downloadable electronic publications, downloadable music files, downloadable image files, downloadable video files; marketing research services; retailing and wholesaling services in the nature of stores featuring entertainment products, namely toys, toy figures, pre-recorded discs, pre-recorded video tapes, computer game programs, computer game software, downloadable electronic publications, downloadable music files, downloadable image files, downloadable video files, stationery, clothing, footwear, headgear, key holders; Rental of advertising space; retail services in the nature of online retail store services featuring pre-recorded discs, pre-recorded video tapes, toys, stationery, computer game programs, computer game software, clothing, footwear, headgear, key holders, toy figures, downloadable electronic publications, downloadable music files, downloadable image files, downloadable video files, digital recording media, by means of an on-line marketplace; Banner advertising; Promoting the goods and services of others by arranging for businesses to affiliate their goods and services with the goods and services of third parties by means of sponsorship relationships; Retail services or wholesale services for animated products, namely pre-recorded discs, pre-recorded video tapes, computer game programs, computer game software, downloadable electronic publications, downloadable music files, downloadable image files, downloadable video files; Retailing and wholesaling of entertainment products, namely toys, toy figures, pre-recorded discs, pre-recorded video tapes, computer game programs, computer game software, downloadable electronic publications, downloadable music files, downloadable image files, downloadable video files, stationery, clothing, footwear, headgear, key holders; Retail services of pre-recorded discs, pre-recorded video tapes, toys, stationery, computer game programs, computer game software, clothing, footwear, headgear, key holders, toy figures, downloadable electronic publications, downloadable music files, downloadable image files, downloadable video files, digital recording media, by means of an on-line marketplace; Online auction services; Arranging and conducting trade exhibition and expositionClass 035 for Retail and wholesale services in the nature of stores featuring animated products, namely pre-recorded discs, pre-recorded video tapes, computer game programs, computer game software, downloadable electronic publications, downloadable music files, downloadable image files, downloadable video files; retailing and wholesaling services in the nature of stores featuring entertainment products, namely toys, toy figures, pre-recorded discs, pre-recorded video tapes, computer game programs, computer game software, downloadable electronic publications, downloadable music files, downloadable image files, downloadable video files, stationery, clothing, footwear, headgear, key holders; retail services in the nature of online retail store services featuring pre-recorded discs, pre-recorded video tapes, toys, stationery, computer game programs, computer game software, clothing, footwear, headgear, key holders, toy figures, downloadable electronic publications, downloadable music files, downloadable image files, downloadable video files, digital recording media, by means of an on-line marketplace
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 proposes to amend the following class of goods/services in the application:
Current: Class 041 for Entertainment information; Online entertainment services in the nature of animation programs; Information in the field of animation (entertainment) provided via a website; Arranging and conducting events for cultural, entertainment and sporting purposes; Providing publications non downloadable on the internet with browsing function; Rental of cine-films; Rental of video/audio players
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: Entertainment information; Online entertainment services in the nature of production and distribution of animation programs; Online entertainment services in the nature of animation programs; entertainment information in the field of animation entertainment provided via a website; Information in the field of animation (entertainment) provided via a website; providing online non downloadable publications in the nature of journal, newspaper, books, magazines, brochures, comics with browsing function in the field of animation entertainment; Arranging and conducting events for cultural, entertainment and sporting purposes; Providing publications non downloadable on the internet with browsing function; Rental of cine-films; Rental of video/audio playersClass 041 for Online entertainment services in the nature of production and distribution of animation programs; entertainment information in the field of animation entertainment provided via a website; providing online non downloadable publications in the nature of journal, newspaper, books, magazines, brochures, comics with browsing function in the field of animation entertainment
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
Transliterations
The non-Latin characters in the mark transliterate to ANIME SUTOAH and this means ANIME STORE in English.


SIGNATURE(S)
Response Signature
Signature: /Scott Havlick/     Date: 12/03/2014
Signatory's Name: Scott S. Havlick
Signatory's Position: Attorney for Applicant, Colorado Bar Member

Signatory's Phone Number: 303-473-2710

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: 86194382
Internet Transmission Date: Wed Dec 03 07:00:37 EST 2014
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XX-2014120307003753
8898-86194382-500b96e81947ac25617253c179
e496cd8e1a67d020e01973f63cfa3e66c22f3fb8
-N/A-N/A-20141203065310299808