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`Page 1 of 3
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`laperle@apple.com
`Ecoml 16@uspto. gov
`laperle@app1e.com
`Response to Office Action for Apple Logo (Black) Class 38—Serial No.
`78157042
`2/27/03 5:35:26 PM
`
`Date:
`Attachments:
`
`“L
`
`I
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`AMENDMENT AND RESPONSE TO FEBRUARY 5, 2003 OFFICE ACTION
`FROM LAW OFFICE 116
`
`VIA EMAIL ONLY
`
`Mark: DESIGN ONLY ("APPLE LOGO" SOLID)
`Applicant: Apple Computer, Inc.
`Serial Number: 78/157,042
`Trademark Law Office: 116
`
`Examining Attorney: Michele-Lynn Swain
`
`Correspondent's Reference/Docket Number: TM 7410
`
`CERTIFICATE OF TRANSMISSION
`
`I hereby certify that this c.o1'respondence is being transmitted by electronic
`mail to the United States Patent and Trademark Office on February 27, 2003.
`
`By: Thomas R. La Perle
`Title: Intellectual Property Counsel
`Dated: February 27, 2003»
`Signature; /Thomas R. La ]Perle/
`
`AMENDMENT AND RESPONSE TO February 5, 2003 OFFICE ACTION
`FROM LAW OFFICE 116
`
`Dear Madam,
`
`This is in response to a February 5, 2003 Office Action regarding
`the above noted application. In that Office Action, the Examining Attorney
`1) noted that the Office records revealed no similar registered or pending
`marks which would bar registration under Trademark Act Section 2(d) and 2)
`requested Applicant amend and revtrite the identification of services so as
`to be more definite.
`
`RECITATION OF SERVICES: AMENDMENT
`
`
`
`Serial No: 78157042
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`Page2of3
`Printed: 2/28/03 8:40:48 AM
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`The Examining Attorney has requested that Applicant amend the recitation of
`services as the services claimed are unclear. The Examining attorney
`suggests Applicant adopt the following recitation of services, if accurate:
`
`"Telecommunication services, namely, electronic transmission of data and
`images via computer networks; telex and telephone services; telegram
`transmission; rental of telecommunication equipment in general; electronic
`mail services; providing on——1ine electronic bulletin boards for transmission
`of messages among computer users concerning [indicate field or subject of
`bulletin board]; telecommunications consultation; facsimile transmission;
`delivery of messages by electronic transmission; electronic transmission of
`data and information by computer, cable, radio, teleprinter, telelletter,
`‘electronic mail, telecopier, television, microwave, laser beam, and
`satellite and other communications means, namely, [specify]; radio and
`television broadcasting; providing Internet access; Telecommunications
`A gateway services, namely [indicate purpose of the gateway link] " in Class
`— 38.
`
`-
`15
`‘
`
`Applicant would like to thank the Examining Attorney for her suggestion and
`’ hereby agrees to amend the recitations in the general manner set forth
`above.
`
`However, Applicant would like to delete the phrase "and other communications
`means" in the recitation for "electronic transmission of
`
`data and information by computer, cable, radio, teleprinter, teleletter,
`electronic mail, telecopier, television, microwave, laser beam, and
`Satellite". Applicant would like to add the word "cellular" in exchange.
`
`Applicant would like the Application to move forward claiming the following
`,..-—_.—r.«—.—m,
`services (amendments are in UPPER CASE):
`C
`//*2‘
`'
`/ "Telecommunication services, namely, electronic transmission of data and
`images via computer networks; telex and telephone services; telegram
`transmission; rental of telecommunication equipment in general; electronic
`mail services; providing on—line electronic bulletin boards for transmission
`of messages among computer users REGARDING A WIDE VARIETY OF FIELDS;
`telecommunications consultation; facsimile transmission; delivery of
`messages by electronic transmission; electronic transmission of data and
`information by computer, cable, radio, teleprinter, teleletter, electronic
`mail, telecopier, television, CELLULAR, microwave, laser beam, and
`satellite; radio, television and INTERNET broadcasting; providing Internet
`access; Telecommunications gateway services, namely PROVING A GATEWAY FOR
`CONNECTING INDEPENDENT TELECOMMUNICATION AND COMPUTER
`NETWORKS in Class 38..
`
`, CONCLUSION
`
`
`
`Serial No: 78157042
`
`4.)
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`Page 3 of 3
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`Applicant believes it has addressed all the issues presented in the above
`noted Office Action. Applicant believes the application is now in condition
`for publication, and action toward that end at an early date is earnestly
`solicited. If the Examining Attorney has any questions, and if a telephone
`conversation can speed the application to registration, Applicant invites
`the Examining Attorney to contact Applicant at the below phone number.
`
`Respectfully submitted,
`
`/Thomas R. La Perle/
`
`Thomas R. La Perle
`
`Intellectual Property Counsel
`
`Apple Computer, Inc.
`1 Infinite Loop, MS: 3TM
`Cupertino, California 95014
`Phone: 408-974-2385
`Fax: 408-253-0186