PTO Form 1957 (Rev 9/2005)
`
`OMB No. 0651-0050 (Exp. 04/30/2011)
`
`Response to Office Action
`
`Input Field
`
`SERIAL NUMBER
`
`LAW OFFICE ASSIGNED
`
`MARK SECTION (no change)
`
`The table below presents the data as entered.
`
`Entered
`
`77499837
`
`LAW OFFICE 116
`
`GOODS AND/OR SERVICES SECTION (current)
`
`INTERNATIONAL CLASS
`
`DESCRIPTION
`
`041
`
`Education services, namely, providing classes, seminars and online educational programs and tutorials in the field of computer hardware,
`computer peripherals and computer software, and distribution of course material in connection therewith; training services in the field of
`computer hardware, computer peripherals and computer software; providing newsletters in the field of technical support services for computer
`software via e-mail to read
`
`(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160) FIRST USE ANYWHERE DATE
`
`(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160) FIRST USE IN COMMERCE DATE
`
`FILING BASIS
`
`GOODS AND/OR SERVICES SECTION (proposed)
`
`INTERNATIONAL CLASS
`
`DESCRIPTION
`
`At least as early as 12/31/1992
`
`At least as early as 12/31/1992
`
`Section 1(b)
`
`041
`
`Education services, namely, providing classes, seminars and online educational programs and tutorials in the field of computer hardware,
`computer peripherals and computer software, and distribution of course material in connection therewith; training services in the field of
`computer hardware, computer peripherals and computer software; providing newsletters in the field of technical support services for computer
`software via e-mail to read
`
`(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)FIRST USE ANYWHERE DATE
`
`(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)FIRST USE IN COMMERCE DATE
`
`At least as early as 12/31/1992
`
`At least as early as 12/31/1992
`
`(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)STATEMENT TYPE
`
`(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)SPECIMEN
`(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)FILE NAME(S)
`
`(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)SPECIMEN DESCRIPTION
`
`SIGNATURE SECTION
`
`DECLARATION SIGNATURE
`
`SIGNATORY'S NAME
`
`SIGNATORY'S POSITION
`
`"The substitute (or new, if appropriate) specimen(s) was/were in use in
`commerce at least as early as the filing date of the application"[for an
`application based on Section 1(a), Use in Commerce] OR "The substitute (or new,
`if appropriate) specimen(s) was/were in use in commerce prior either to the
`filing of the Amendment to Allege Use or expiration of the filing deadline for
`filing a Statement of Use" [for an application based on Section 1(b) Intent-to-Use].
`
`\\TICRS\EXPORT11\IMAGEOUT 11\774\998\77499837\xml7\ ROA0002.JPG
`
`Website printout and brochure advertising the APPLECARE mark in use for the
`applied for services of providing educational services in the form of an online
`educational program.
`
`/Thomas R. La Perle/
`
`Thomas R. La Perle
`
`Attorney of Record, California bar member
`
`

`

`DATE SIGNED
`
`RESPONSE SIGNATURE
`
`SIGNATORY'S NAME
`
`SIGNATORY'S POSITION
`
`DATE SIGNED
`
`AUTHORIZED SIGNATORY
`
`FILING INFORMATION SECTION
`
`SUBMIT DATE
`
`TEAS STAMP
`
`05/24/2011
`
`/Thomas R. La Perle/
`
`Thomas R. La Perle
`
`Attorney of Record California bar member
`
`05/24/2011
`
`YES
`
`Tue May 24 16:01:30 EDT 2011
`
`USPTO/ROA-XX.XXX.XXX.XX-2
`0110524160130914838-77499
`837-480d98030eadb1455cdf3
`4bc2ca884fc61e-N/A-N/A-20
`110523160029547218
`
`PTO Form 1957 (Rev 9/2005)
`
`OMB No. 0651-0050 (Exp. 04/30/2011)
`
`To the Commissioner for Trademarks:
`
`Application serial no. 77499837 has been amended as follows:
`
`Response to Office Action
`
`CLASSIFICATION AND LISTING OF GOODS/SERVICES
`Applicant proposes to amend the following class of goods/services in the application:
`Current: Class 041 for Education services, namely, providing classes, seminars and online educational programs and tutorials in the field of
`computer hardware, computer peripherals and computer software, and distribution of course material in connection therewith; training services in
`the field of computer hardware, computer peripherals and computer software; providing newsletters in the field of technical support services for
`computer software via e-mail to read
`Original Filing Basis:
`Filing Basis: Section 1(b), Intent to Use: The applicant has a bona fide intention to use or use through the applicant's related company or
`licensee the mark in commerce on or in connection with the identified goods and/or services as of the filing date of the application. (15 U.S.C.
`Section 1051(b)).
`
`In International Class 041, the mark was first used at least as early as 12/31/1992 and first used in commerce at least as early as 12/31/1992.
`
`Proposed: Class 041 for Education services, namely, providing classes, seminars and online educational programs and tutorials in the field of
`computer hardware, computer peripherals and computer software, and distribution of course material in connection therewith; training services in
`the field of computer hardware, computer peripherals and computer software; providing newsletters in the field of technical support services for
`computer software via e-mail to read
`
`Deleted Filing Basis: 1(b)
`In International Class 041, the mark was first used at least as early as 12/31/1992. and first used in commerce at least as early as 12/31/1992.
`
`Applicant hereby submits a new specimen for Class 041. The specimen(s) submitted consists of Website printout and brochure advertising the
`APPLECARE mark in use for the applied for services of providing educational services in the form of an online educational program..
`"The substitute (or new, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing date of the application"
`[for an application based on Section 1(a), Use in Commerce] OR "The substitute (or new, if appropriate) specimen(s) was/were in use in
`commerce prior either to the filing of the Amendment to Allege Use or expiration of the filing deadline for filing a Statement of Use" [for
`an application based on Section 1(b) Intent-to-Use].
`Specimen File1
`
`SIGNATURE(S)
`
`

`

`Declaration Signature
`If the applicant is seeking registration under Section 1(b) and/or Section 44 of the Trademark Act, the applicant has had a bona fide intention to
`use or use through the applicant's related company or licensee the mark in commerce on or in connection with the identified goods and/or
`services as of the filing date of the application. 37 C.F.R. Secs. 2.34(a)(2)(i); 2.34 (a)(3)(i); and 2.34(a)(4)(ii); and/or the applicant has had a bona
`fide intention to exercise legitimate control over the use of the mark in commerce by its members. 37 C.F. R. Sec. 2.44. If the applicant is seeking
`registration under Section 1(a) of the Trademark Act, the mark was in use in commerce on or in connection with the goods and/or services listed
`in the application as of the application filing date or as of the date of any submitted allegation of use. 37 C.F.R. Secs. 2.34(a)(1)(i); and/or the
`applicant has exercised legitimate control over the use of the mark in commerce by its members. 37 C.F.R. Sec. 2.44. The undersigned, being
`hereby warned that willful false statements and the like so made are punishable by fine or imprisonment, or both, under 18 U.S.C. Section 1001,
`and that such willful false statements may jeopardize the validity of the application or any resulting registration, declares that he/she is properly
`authorized to execute this application on behalf of the applicant; he/she believes the applicant to be the owner of the trademark/service mark
`sought to be registered, or, if the application is being filed under 15 U.S.C. Section 1051(b), he/she believes applicant to be entitled to use such
`mark in commerce; to the best of his/her knowledge and belief no other person, firm, corporation, or association has the right to use the mark in
`commerce, either in the identical form thereof or in such near resemblance thereto as to be likely, when used on or in connection with the
`goods/services of such other person, to cause confusion, or to cause mistake, or to deceive; that if the original application was submitted
`unsigned, that all statements in the original application and this submission made of the declaration signer's knowledge are true; and all
`statements in the original application and this submission made on information and belief are believed to be true.
`
`Signature: /Thomas R. La Perle/(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)Date: 05/24/2011
`Signatory's Name: Thomas R. La Perle
`Signatory's Position: Attorney of Record, California bar member
`
`Response Signature
`Signature: /Thomas R. La Perle/(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)Date: 05/24/2011
`Signatory's Name: Thomas R. La Perle
`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: 77499837
`Internet Transmission Date: Tue May 24 16:01:30 EDT 2011
`TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XX-2011052416013091
`4838-77499837-480d98030eadb1455cdf34bc2c
`a884fc61e-N/A-N/A-20110523160029547218
`
`(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)
`

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