Response to Office Action

MAGIX

MAGIX SOFTWARE GMBH

Response to Office Action

Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number.
PTO Form 1957 (Rev 10/2011)
OMB No. 0651-0050 (Exp 07/31/2017)

Response to Office Action


The table below presents the data as entered.

Input Field
Entered
SERIAL NUMBER 87302908
LAW OFFICE ASSIGNED LAW OFFICE 109
MARK SECTION
MARK http://uspto.report/TM/87302908/mark.png
LITERAL ELEMENT MAGIX
STANDARD CHARACTERS YES
USPTO-GENERATED IMAGE YES
MARK STATEMENT The mark consists of standard characters, without claim to any particular font style, size or color.
GOODS AND/OR SERVICES SECTION (018)(current)
INTERNATIONAL CLASS 018
DESCRIPTION
Leather; Leather and imitation leather bags; Leather handbags; Parasols; Umbrellas; Trunks; Walking sticks; All purpose sport bags; All-purpose carrying bags; Boxes of leather or leatherboard; Briefcases; Garment bags for travel; Travelling bags
FILING BASIS Section 44(e)
        FOREIGN REGISTRATION NUMBER 015665144
       FOREIGN REGISTRATION
       COUNTRY
European Community - CTM
       FOREIGN REGISTRATION
       DATE
11/17/2016
       FOREIGN EXPIRATION DATE 07/18/2026
GOODS AND/OR SERVICES SECTION (018)(proposed)
INTERNATIONAL CLASS 018
DESCRIPTION
Leather; Leather and imitation leather bags; Leather handbags; Parasols; Umbrellas; Trunks; Walking sticks; All purpose sport bags; All-purpose carrying bags; Boxes of leather or leatherboard; Briefcases; Garment bags for travel; Travelling bags
FILING BASIS Section 44(e)
       FOREIGN REGISTRATION NUMBER 015665144
       FOREIGN REGISTRATION
       COUNTRY
European Community - CTM
       FOREIGN REGISTRATION
       DATE
11/17/2016
       FOREIGN EXPIRATION DATE 07/18/2026
       FOREIGN
       REGISTRATION
       FILE NAME(S)
\\TICRS\EXPORT17\IMAGEOUT 17\873\029\87302908\xml6\ ROA0002.JPG
        \\TICRS\EXPORT17\IMAGEOUT 17\873\029\87302908\xml6\ ROA0003.JPG
        \\TICRS\EXPORT17\IMAGEOUT 17\873\029\87302908\xml6\ ROA0004.JPG
        \\TICRS\EXPORT17\IMAGEOUT 17\873\029\87302908\xml6\ ROA0005.JPG
       STANDARD CHARACTERS
       OR EQUIVALENT
YES
GOODS AND/OR SERVICES SECTION (025)(current)
INTERNATIONAL CLASS 025
DESCRIPTION
Clothing, namely, pants, t-shirts, underwear, socks, shorts, skirts, blouses, trousers, pullovers, shirts, dresses, suits, jackets, coats; footwear, namely, shoes and boots; headgear, namely, hats, caps
FILING BASIS Section 44(e)
        FOREIGN REGISTRATION NUMBER 015665144
       FOREIGN REGISTRATION
       COUNTRY
European Community - CTM
       FOREIGN REGISTRATION
       DATE
11/17/2016
       FOREIGN EXPIRATION DATE 07/18/2026
GOODS AND/OR SERVICES SECTION (025)(proposed)
INTERNATIONAL CLASS 025
DESCRIPTION
Clothing, namely, pants, t-shirts, underwear, socks, shorts, skirts, blouses, trousers, pullovers, shirts, dresses, suits, jackets, coats; footwear, namely, shoes and boots; headgear, namely, hats, caps
FILING BASIS Section 44(e)
       FOREIGN REGISTRATION NUMBER 015665144
       FOREIGN REGISTRATION
       COUNTRY
European Community - CTM
       FOREIGN REGISTRATION
       DATE
11/17/2016
       FOREIGN EXPIRATION DATE 07/18/2026
       FOREIGN
       REGISTRATION
       FILE NAME(S)
\\TICRS\EXPORT17\IMAGEOUT 17\873\029\87302908\xml6\ ROA0006.JPG
        \\TICRS\EXPORT17\IMAGEOUT 17\873\029\87302908\xml6\ ROA0007.JPG
        \\TICRS\EXPORT17\IMAGEOUT 17\873\029\87302908\xml6\ ROA0008.JPG
        \\TICRS\EXPORT17\IMAGEOUT 17\873\029\87302908\xml6\ ROA0009.JPG
       STANDARD CHARACTERS
       OR EQUIVALENT
YES
GOODS AND/OR SERVICES SECTION (035)(current)
INTERNATIONAL CLASS 035
DESCRIPTION
Advertising agency services; business management; business administration services; providing office functions
FILING BASIS Section 44(e)
        FOREIGN REGISTRATION NUMBER 015665144
       FOREIGN REGISTRATION
       COUNTRY
European Community - CTM
       FOREIGN REGISTRATION
       DATE
11/17/2016
       FOREIGN EXPIRATION DATE 07/18/2026
GOODS AND/OR SERVICES SECTION (035)(proposed)
INTERNATIONAL CLASS 035
DESCRIPTION
Advertising agency services; business management; business administration services; providing office functions
FILING BASIS Section 44(e)
       FOREIGN REGISTRATION NUMBER 015665144
       FOREIGN REGISTRATION
       COUNTRY
European Community - CTM
       FOREIGN REGISTRATION
       DATE
11/17/2016
       FOREIGN EXPIRATION DATE 07/18/2026
       FOREIGN
       REGISTRATION
       FILE NAME(S)
\\TICRS\EXPORT17\IMAGEOUT 17\873\029\87302908\xml6\ ROA0010.JPG
        \\TICRS\EXPORT17\IMAGEOUT 17\873\029\87302908\xml6\ ROA0011.JPG
        \\TICRS\EXPORT17\IMAGEOUT 17\873\029\87302908\xml6\ ROA0012.JPG
        \\TICRS\EXPORT17\IMAGEOUT 17\873\029\87302908\xml6\ ROA0013.JPG
       STANDARD CHARACTERS
       OR EQUIVALENT
YES
GOODS AND/OR SERVICES SECTION (041)(current)
INTERNATIONAL CLASS 041
DESCRIPTION
Entertainment services in the nature of development, creation, production, distribution, and post-production of multimedia entertainment content; Educational and entertainment services, namely, conducting programs featuring recreational activities, literacy training, art events, and sporting events
FILING BASIS Section 44(e)
        FOREIGN REGISTRATION NUMBER 015665144
       FOREIGN REGISTRATION
       COUNTRY
European Community - CTM
       FOREIGN REGISTRATION
       DATE
11/17/2016
       FOREIGN EXPIRATION DATE 07/18/2026
GOODS AND/OR SERVICES SECTION (041)(proposed)
INTERNATIONAL CLASS 041
DESCRIPTION
Entertainment services in the nature of development, creation, production, distribution, and post-production of multimedia entertainment content; Educational and entertainment services, namely, conducting programs featuring recreational activities, literacy training, art events, and sporting events
FILING BASIS Section 44(e)
       FOREIGN REGISTRATION NUMBER 015665144
       FOREIGN REGISTRATION
       COUNTRY
European Community - CTM
       FOREIGN REGISTRATION
       DATE
11/17/2016
       FOREIGN EXPIRATION DATE 07/18/2026
       FOREIGN
       REGISTRATION
       FILE NAME(S)
\\TICRS\EXPORT17\IMAGEOUT 17\873\029\87302908\xml6\ ROA0014.JPG
        \\TICRS\EXPORT17\IMAGEOUT 17\873\029\87302908\xml6\ ROA0015.JPG
        \\TICRS\EXPORT17\IMAGEOUT 17\873\029\87302908\xml6\ ROA0016.JPG
        \\TICRS\EXPORT17\IMAGEOUT 17\873\029\87302908\xml6\ ROA0017.JPG
       STANDARD CHARACTERS
       OR EQUIVALENT
YES
CORRESPONDENCE SECTION
ORIGINAL ADDRESS BELLEVUE INVESTMENTS GMBH & CO. KGAA
QUEDLINBURGER STR. 1
BERLIN
DE
10589
NEW CORRESPONDENCE SECTION
NAME BELLEVUE INVESTMENTS GMBH & CO. KGAA
STREET QUEDLINBURGER STR. 1
CITY BERLIN
ZIP/POSTAL CODE 10589
COUNTRY Germany
EMAIL dgehnen@bellevue-investments.com
AUTHORIZED EMAIL COMMUNICATION Yes
PAYMENT SECTION
NUMBER OF CLASSES 3
APPLICATION FOR REGISTRATION PER CLASS 275
TOTAL FEES DUE 825
SIGNATURE SECTION
RESPONSE SIGNATURE /Rein/
SIGNATORY'S NAME Dieter Rein
SIGNATORY'S POSITION COO
DATE SIGNED 09/25/2017
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Mon Sep 25 05:49:02 EDT 2017
TEAS STAMP USPTO/ROA-XX.XXX.XXX.XXX-
20170925054902378544-8730
2908-5108c6afbecdac2a1b8a
f30e293d890d98f8565e5792a
70c0467afb9dda1f4535-CC-9
139-20170925053506909416



Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number.
PTO Form 1957 (Rev 10/2011)
OMB No. 0651-0050 (Exp 07/31/2017)

Response to Office Action


To the Commissioner for Trademarks:

Application serial no. 87302908 MAGIX(Standard Characters, see http://uspto.report/TM/87302908/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 018 for Leather; Leather and imitation leather bags; Leather handbags; Parasols; Umbrellas; Trunks; Walking sticks; All purpose sport bags; All-purpose carrying bags; Boxes of leather or leatherboard; Briefcases; Garment bags for travel; Travelling bags
Original Filing Basis:
Filing Basis: Section 44(e), Based on Foreign Registration: For all applications: The applicant attaches a copy of [ European Community - CTM registration number 015665144 registered 11/17/2016 with a renewal date of __________ and an expiration date of 07/18/2026 ], and translation thereof, if appropriate. 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. 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 on or 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 or services that meet the certification standards of the applicant.

Proposed: Class 018 for Leather; Leather and imitation leather bags; Leather handbags; Parasols; Umbrellas; Trunks; Walking sticks; All purpose sport bags; All-purpose carrying bags; Boxes of leather or leatherboard; Briefcases; Garment bags for travel; Travelling bags
Filing Basis: Section 44(e), Based on Foreign Registration:For all applications: The applicant attaches a copy of [ European Community - CTM registration number 015665144 registered 11/17/2016 with a renewal date of __________ and an expiration date of 07/18/2026 ], and translation thereof, if appropriate. 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. 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 on or 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 or services that meet the certification standards of the applicant. Foreign Registration-1
Foreign Registration-2
Foreign Registration-3
Foreign Registration-4

The foreign registration that is the basis of the U.S. application under §44(e) of the Trademark Act (15 U.S.C. §1126(e)) includes a claim of standard characters or the country of origin's standard character equivalent.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 025 for Clothing, namely, pants, t-shirts, underwear, socks, shorts, skirts, blouses, trousers, pullovers, shirts, dresses, suits, jackets, coats; footwear, namely, shoes and boots; headgear, namely, hats, caps
Original Filing Basis:
Filing Basis: Section 44(e), Based on Foreign Registration: For all applications: The applicant attaches a copy of [ European Community - CTM registration number 015665144 registered 11/17/2016 with a renewal date of __________ and an expiration date of 07/18/2026 ], and translation thereof, if appropriate. 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. 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 on or 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 or services that meet the certification standards of the applicant.

Proposed: Class 025 for Clothing, namely, pants, t-shirts, underwear, socks, shorts, skirts, blouses, trousers, pullovers, shirts, dresses, suits, jackets, coats; footwear, namely, shoes and boots; headgear, namely, hats, caps
Filing Basis: Section 44(e), Based on Foreign Registration:For all applications: The applicant attaches a copy of [ European Community - CTM registration number 015665144 registered 11/17/2016 with a renewal date of __________ and an expiration date of 07/18/2026 ], and translation thereof, if appropriate. 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. 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 on or 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 or services that meet the certification standards of the applicant. Foreign Registration-1
Foreign Registration-2
Foreign Registration-3
Foreign Registration-4

The foreign registration that is the basis of the U.S. application under §44(e) of the Trademark Act (15 U.S.C. §1126(e)) includes a claim of standard characters or the country of origin's standard character equivalent.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 035 for Advertising agency services; business management; business administration services; providing office functions
Original Filing Basis:
Filing Basis: Section 44(e), Based on Foreign Registration: For all applications: The applicant attaches a copy of [ European Community - CTM registration number 015665144 registered 11/17/2016 with a renewal date of __________ and an expiration date of 07/18/2026 ], and translation thereof, if appropriate. 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. 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 on or 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 or services that meet the certification standards of the applicant.

Proposed: Class 035 for Advertising agency services; business management; business administration services; providing office functions
Filing Basis: Section 44(e), Based on Foreign Registration:For all applications: The applicant attaches a copy of [ European Community - CTM registration number 015665144 registered 11/17/2016 with a renewal date of __________ and an expiration date of 07/18/2026 ], and translation thereof, if appropriate. 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. 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 on or 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 or services that meet the certification standards of the applicant. Foreign Registration-1
Foreign Registration-2
Foreign Registration-3
Foreign Registration-4

The foreign registration that is the basis of the U.S. application under §44(e) of the Trademark Act (15 U.S.C. §1126(e)) includes a claim of standard characters or the country of origin's standard character equivalent.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 041 for Entertainment services in the nature of development, creation, production, distribution, and post-production of multimedia entertainment content; Educational and entertainment services, namely, conducting programs featuring recreational activities, literacy training, art events, and sporting events
Original Filing Basis:
Filing Basis: Section 44(e), Based on Foreign Registration: For all applications: The applicant attaches a copy of [ European Community - CTM registration number 015665144 registered 11/17/2016 with a renewal date of __________ and an expiration date of 07/18/2026 ], and translation thereof, if appropriate. 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. 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 on or 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 or services that meet the certification standards of the applicant.

Proposed: Class 041 for Entertainment services in the nature of development, creation, production, distribution, and post-production of multimedia entertainment content; Educational and entertainment services, namely, conducting programs featuring recreational activities, literacy training, art events, and sporting events
Filing Basis: Section 44(e), Based on Foreign Registration:For all applications: The applicant attaches a copy of [ European Community - CTM registration number 015665144 registered 11/17/2016 with a renewal date of __________ and an expiration date of 07/18/2026 ], and translation thereof, if appropriate. 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. 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 on or 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 or services that meet the certification standards of the applicant. Foreign Registration-1
Foreign Registration-2
Foreign Registration-3
Foreign Registration-4

The foreign registration that is the basis of the U.S. application under §44(e) of the Trademark Act (15 U.S.C. §1126(e)) includes a claim of standard characters or the country of origin's standard character equivalent.

CORRESPONDENCE ADDRESS CHANGE
Applicant proposes to amend the following:
Current:
BELLEVUE INVESTMENTS GMBH & CO. KGAA
QUEDLINBURGER STR. 1
BERLIN
DE
10589

Proposed:
BELLEVUE INVESTMENTS GMBH & CO. KGAA, having an address of
QUEDLINBURGER STR. 1 BERLIN, 10589
Germany
dgehnen@bellevue-investments.com



FEE(S)
Fee(s) in the amount of $825 is being submitted.

SIGNATURE(S)
Response Signature
Signature: /Rein/     Date: 09/25/2017
Signatory's Name: Dieter Rein
Signatory's Position: COO

The signatory has confirmed that he/she is not represented by either an authorized attorney or Canadian attorney/agent, and that he/she is either: (1) the owner/holder ; or (2) a person(s) with legal authority to bind the owner/holder; and if an authorized U.S. attorney or Canadian attorney/agent previously represented him/her in this matter, either he/she has filed a signed revocation of power of attorney with the USPTO or the USPTO has granted the request of his/her prior representative to withdraw.

Mailing Address:    BELLEVUE INVESTMENTS GMBH & CO. KGAA
   QUEDLINBURGER STR. 1
   BERLIN, 10589
        
RAM Sale Number: 87302908
RAM Accounting Date: 09/25/2017
        
Serial Number: 87302908
Internet Transmission Date: Mon Sep 25 05:49:02 EDT 2017
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XXX-201709250549023
78544-87302908-5108c6afbecdac2a1b8af30e2
93d890d98f8565e5792a70c0467afb9dda1f4535
-CC-9139-20170925053506909416


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