PTO Form 1957 (Rev 9/2005)
`
`OMB No. 0651-0050 (Exp. 04/2009)
`
`Response to Office Action
`
`The table below presents the data as entered.
`
`Entered
`
`78943482
`
`LAW OFFICE 106
`
`Input Field
`
`SERIAL NUMBER
`
`LAW OFFICE ASSIGNED
`
`MARK SECTION (no change)
`
`ARGUMENT(S)
`
`This is in response to the Office Action dated December 12, 2006 in the above-referenced trademark application.
`
`AMENDMENTS
`
`1.(cid:160)(cid:160) (cid:160)Identification of Services
`
`Please revise the identification of services to read in its entirety as follows (additions underlined):
`
`Class 35: Arranging and conducting trade shows, expositions and exhibitions in the fields of computers, computer software, online services,
`information technology, and consumer electronics.
`Basis: 1(a)
`First Use Date: 03/01/1981
`First Use in Commerce Date: 03/01/1981
`
`Class 41: Education and training services, namely, conducting classes, workshops, conferences and seminars in the field of computers,
`computer software, online services, information technology, internet website design, video products and consumer electronics; arranging of
`exhibitions, seminars and conferences; arranging professional workshop and training courses; computer education training services; training in
`the use and operation of computers and computer software; providing a website for the uploading, sharing, viewing and posting of
`photographs, digital images, movies, videos, online journals, namely web blogs in general interest fields, and other related multimedia
`entertainment materials over a global computer network; providing fitness and exercise facilities; physical fitness consultation and instruction;
`providing on-line publications in the nature of newsletters in the field of computers and education; providing information in the field of
`education via the Internet; providing information in the field of entertainment via the Internet concerning movies, music, videos, television,
`celebrities, sports, news, history, science, politics, comedy, children's entertainment, animation, culture, current events. (cid:160)
`Basis: 1(a)
`First Use Date: 1981-03-01
`First Use in Commerce Date: 1981-03-01
`
`REMARKS
`
`In the Office Action, the Examining Attorney raised certain objections to the identification of services.(cid:160) Specifically, the Examining Attorney
`requested that the wording “arranging and conducting trade shows, expositions and exhibitions in the fields of computers, computer software,
`online services, information technology, and consumer electronics” be transferred to Class 35.(cid:160) Applicant has complied with this request and
`provided dates of first use and first use in commerce for these services.(cid:160) A Declaration and Class 35 specimen in support of this amendment are
`also submitted herewith, along with a payment in the amount of $375 for the additional class charge.
`
`Also, the Examining Attorney objected to the wording "providing a website for the uploading, sharing, viewing and posting of ... online
`journals and weblogs and other multimedia entertainment materials over a global computer network" and requested amendment of this
`language to "providing a website for the uploading, sharing, viewing and posting of ... online journals, namely web blogs in the field of
`_______ and related multimedia entertainment materials."(cid:160) Applicant submits that its services of interest constitute the provision of a website
`on which users can post blogs on whatever topics they desire, rather than blogs provided by applicant itself in a specific subject matter area.(cid:160)
`Thus, in this context, applicant submits that the requested field limitation is inappropriate.(cid:160) Instead, applicant believes that its proposed
`language concerning web blogs “in general interest fields” is sufficiently definite for registration.
`
`Finally, the Examining Attorney deemed "providing information in the field of education and entertainment via the Internet" as overly broad.(cid:160)
`
`

`
`However, applicant notes that “information about education” is listed in the Acceptable Identifications manual.(cid:160) As a result, applicant submits
`that “providing information in the field of education via the Internet”, as a subset of “information about education”, should be acceptable.(cid:160)
`With respect to the entertainment aspect of this identification, applicant has specified the subject matter as requested.
`
`In view of the foregoing, applicant submits that the identifications of services, as amended, are sufficiently definite for registration.
`
`CONCLUSION
`
`Applicant believes that all the Examiner’s concerns with respect to the application have been resolved and that the application is in condition
`for publication.
`
`GOODS AND/OR SERVICES SECTION (041)(current)
`
`INTERNATIONAL CLASS
`
`DESCRIPTION
`
`041
`
`Education and training services, namely, conducting classes, workshops, conferences and seminars in the field of computers, computer
`software, online services, information technology, internet website design, video products and consumer electronics; arranging of exhibitions,
`seminars and conferences; arranging professional workshop and training courses; computer education training services; training in the use and
`operation of computers and computer software; arranging and conducting trade shows, expositions and exhibitions in the fields of computers,
`computer software, online services, information technology, and consumer electronics; providing a website for the uploading, sharing, viewing
`and posting of photographs, digital images, movies, videos, online journals and weblogs and other multimedia entertainment materials over a
`global computer network; providing fitness and exercise facilities; Physical fitness consultation and instruction; providing on-line publications
`in the nature of newsletters in the field of computers and education; providing information in the field of education and entertainment via the
`Internet
`
`FILING BASIS
`
`(cid:160)(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)(cid:160)FIRST USE IN COMMERCE DATE
`
`Section 1(a)
`
`At least as early as 03/01/1981
`
`At least as early as 03/01/1981
`
`GOODS AND/OR SERVICES SECTION (041)(proposed)
`
`INTERNATIONAL CLASS
`
`DESCRIPTION
`
`041
`
`Education and training services, namely, conducting classes, workshops, conferences and seminars in the field of computers, computer
`software, online services, information technology, internet website design, video products and consumer electronics; arranging of exhibitions,
`seminars and conferences; arranging professional workshop and training courses; computer education training services; training in the use and
`operation of computers and computer software; providing a website for the uploading, sharing, viewing and posting of photographs, digital
`images, movies, videos, online journals, namely web blogs in general interest fields, and other related multimedia entertainment materials over
`a global computer network; providing fitness and exercise facilities; Physical fitness consultation and instruction; providing on-line
`publications in the nature of newsletters in the field of computers and education; providing information in the field of education via the
`internet; providing information in the field of entertainment via the Internet concerning movies, music, videos, television, celebrities, sports,
`news, history, science, politics, comedy, children's entertainment, animation, culture, current events.
`
`FILING BASIS
`
`(cid:160)(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)(cid:160)FIRST USE IN COMMERCE DATE
`
`Section 1(a)
`
`At least as early as 03/01/1981
`
`At least as early as 03/01/1981
`
`GOODS AND/OR SERVICES SECTION (035)(class added)
`
`INTERNATIONAL CLASS
`
`DESCRIPTION
`
`035
`
`Arranging and conducting trade shows, expositions and exhibitions in the fields of computers, computer software, online services, information
`technology, and consumer electronics.
`
`FILING BASIS
`
`(cid:160)(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)(cid:160)FIRST USE IN COMMERCE DATE
`
`Section 1(a)
`
`At least as early as 03/01/1981
`
`At least as early as 03/01/1981
`
`

`
`(cid:160)(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)(cid:160)SPECIMEN
`(cid:160)(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)(cid:160)SPECIMEN DESCRIPTION
`
`PAYMENT SECTION
`
`NUMBER OF CLASSES
`
`FEE PER CLASS
`
`TOTAL FEES DUE
`
`SIGNATURE SECTION
`
`DECLARATION SIGNATURE
`
`SIGNATORY'S NAME
`
`SIGNATORY'S POSITION
`
`DATE SIGNED
`
`RESPONSE SIGNATURE
`
`SIGNATORY'S NAME
`
`SIGNATORY'S POSITION
`
`DATE SIGNED
`
`AUTHORIZED SIGNATORY
`
`FILING INFORMATION SECTION
`
`SUBMIT DATE
`
`TEAS STAMP
`
`"The substitute specimen(s) was in use in commerce as of the filing date of the
`application."
`
`\\TICRS2\EXPORT12\789\434 \78943482\xml1\ROA0002.JP G
`
`Specimen consists of screen capture of Applicants WWDC trade show website
`information.
`
`1
`
`325
`
`325
`
`/Thomas R. La Perle/
`
`Thomas R. La Perle
`
`Senior Intellectual Property Counsel
`
`02/13/2007
`
`/Thomas R. La Perle/
`
`Thomas R. La Perle
`
`Senior Intellectual Property Counsel
`
`02/13/2007
`
`YES
`
`Tue Feb 13 14:32:29 EST 2007
`
`USPTO/ROA-XX.XXX.XX.XXX-2
`0070213143229380472-78943
`482-360636f7f5de934662b42
`b64ccc7406a70-DA-172-2007
`0213140626858956
`
`PTO Form 1957 (Rev 9/2005)
`
`OMB No. 0651-0050 (Exp. 04/2009)
`
`To the Commissioner for Trademarks:
`
`Response to Office Action
`
`Application serial no. 78943482 has been amended as follows:
`Argument(s)
`In response to the substantive refusal(s), please note the following:
`This is in response to the Office Action dated December 12, 2006 in the above-referenced trademark application.
`
`AMENDMENTS
`
`1.(cid:160)(cid:160) (cid:160)Identification of Services
`
`Please revise the identification of services to read in its entirety as follows (additions underlined):
`
`

`
`Class 35: Arranging and conducting trade shows, expositions and exhibitions in the fields of computers, computer software, online services,
`information technology, and consumer electronics.
`Basis: 1(a)
`First Use Date: 03/01/1981
`First Use in Commerce Date: 03/01/1981
`
`Class 41: Education and training services, namely, conducting classes, workshops, conferences and seminars in the field of computers, computer
`software, online services, information technology, internet website design, video products and consumer electronics; arranging of exhibitions,
`seminars and conferences; arranging professional workshop and training courses; computer education training services; training in the use and
`operation of computers and computer software; providing a website for the uploading, sharing, viewing and posting of photographs, digital
`images, movies, videos, online journals, namely web blogs in general interest fields, and other related multimedia entertainment materials over a
`global computer network; providing fitness and exercise facilities; physical fitness consultation and instruction; providing on-line publications in
`the nature of newsletters in the field of computers and education; providing information in the field of education via the Internet; providing
`information in the field of entertainment via the Internet concerning movies, music, videos, television, celebrities, sports, news, history, science,
`politics, comedy, children's entertainment, animation, culture, current events. (cid:160)
`Basis: 1(a)
`First Use Date: 1981-03-01
`First Use in Commerce Date: 1981-03-01
`
`REMARKS
`
`In the Office Action, the Examining Attorney raised certain objections to the identification of services.(cid:160) Specifically, the Examining Attorney
`requested that the wording “arranging and conducting trade shows, expositions and exhibitions in the fields of computers, computer software,
`online services, information technology, and consumer electronics” be transferred to Class 35.(cid:160) Applicant has complied with this request and
`provided dates of first use and first use in commerce for these services.(cid:160) A Declaration and Class 35 specimen in support of this amendment are
`also submitted herewith, along with a payment in the amount of $375 for the additional class charge.
`
`Also, the Examining Attorney objected to the wording "providing a website for the uploading, sharing, viewing and posting of ... online journals
`and weblogs and other multimedia entertainment materials over a global computer network" and requested amendment of this language to
`"providing a website for the uploading, sharing, viewing and posting of ... online journals, namely web blogs in the field of _______ and related
`multimedia entertainment materials."(cid:160) Applicant submits that its services of interest constitute the provision of a website on which users can post
`blogs on whatever topics they desire, rather than blogs provided by applicant itself in a specific subject matter area.(cid:160) Thus, in this context,
`applicant submits that the requested field limitation is inappropriate.(cid:160) Instead, applicant believes that its proposed language concerning web blogs
`“in general interest fields” is sufficiently definite for registration.
`
`Finally, the Examining Attorney deemed "providing information in the field of education and entertainment via the Internet" as overly broad.(cid:160)
`However, applicant notes that “information about education” is listed in the Acceptable Identifications manual.(cid:160) As a result, applicant submits
`that “providing information in the field of education via the Internet”, as a subset of “information about education”, should be acceptable.(cid:160) With
`respect to the entertainment aspect of this identification, applicant has specified the subject matter as requested.
`
`In view of the foregoing, applicant submits that the identifications of services, as amended, are sufficiently definite for registration.
`
`CONCLUSION
`
`Applicant believes that all the Examiner’s concerns with respect to the application have been resolved and that the application is in condition for
`publication.
`
`Classification and Listing of Goods/Services
`
`Applicant hereby amends the following class of goods/services in the application as follows:
`Current: Class 041 for Education and training services, namely, conducting classes, workshops, conferences and seminars in the field of
`computers, computer software, online services, information technology, internet website design, video products and consumer electronics;
`arranging of exhibitions, seminars and conferences; arranging professional workshop and training courses; computer education training services;
`training in the use and operation of computers and computer software; arranging and conducting trade shows, expositions and exhibitions in the
`fields of computers, computer software, online services, information technology, and consumer electronics; providing a website for the
`uploading, sharing, viewing and posting of photographs, digital images, movies, videos, online journals and weblogs and other multimedia
`entertainment materials over a global computer network; providing fitness and exercise facilities; Physical fitness consultation and instruction;
`providing on-line publications in the nature of newsletters in the field of computers and education; providing information in the field of education
`and entertainment via the Internet
`
`

`
`Original Filing Basis: 1(a).
`Proposed: Class 041 for Education and training services, namely, conducting classes, workshops, conferences and seminars in the field of
`computers, computer software, online services, information technology, internet website design, video products and consumer electronics;
`arranging of exhibitions, seminars and conferences; arranging professional workshop and training courses; computer education training services;
`training in the use and operation of computers and computer software; providing a website for the uploading, sharing, viewing and posting of
`photographs, digital images, movies, videos, online journals, namely web blogs in general interest fields, and other related multimedia
`entertainment materials over a global computer network; providing fitness and exercise facilities; Physical fitness consultation and instruction;
`providing on-line publications in the nature of newsletters in the field of computers and education; providing information in the field of education
`via the internet; providing information in the field of entertainment via the Internet concerning movies, music, videos, television, celebrities,
`sports, news, history, science, politics, comedy, children's entertainment, animation, culture, current events.
`Filing Basis: 1(a).
`Applicant hereby adds the following class of goods/services to the application:
`New:
`Class 035 for Arranging and conducting trade shows, expositions and exhibitions in the fields of computers, computer software, online services,
`information technology, and consumer electronics.
`Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in
`commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least
`as early as 03/01/1981 and first used in commerce at least as early as 03/01/1981, and is now in use in such commerce.
`Applicant hereby submits a specimen for Class 035.
`The specimen(s) submitted consists of Specimen consists of screen capture of Applicants WWDC trade show website information..
`For an application based on 1(a), Use in Commerce, "The substitute specimen(s) was in use in commerce as of the filing date of the application."
`Specimen File1
`
`Fees
`Fee(s) in the amount of $325 is being submitted.
`
`Declaration Signature
`If the applicant is seeking registration under Section 1(b) and/or Section 44 of the Trademark Act, the applicant 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). 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 or services listed in the application as of
`the application filing date. 37 C.F.R. Secs. 2.34(a)(1)(i). 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. §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.
`§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: 02/13/2007
`Signatory's Name: Thomas R. La Perle
`Signatory's Position: Senior Intellectual Property Counsel
`
`Response Signature
`Signature: /Thomas R. La Perle/(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)Date: 02/13/2007
`Signatory's Name: Thomas R. La Perle
`Signatory's Position: Senior Intellectual Property Counsel
`
`RAM Sale Number: 172
`RAM Accounting Date: 02/14/2007
`
`Serial Number: 78943482
`Internet Transmission Date: Tue Feb 13 14:32:29 EST 2007
`TEAS Stamp: USPTO/ROA-XX.XXX.XX.XXX-2007021314322938
`0472-78943482-360636f7f5de934662b42b64cc
`c7406a70-DA-172-20070213140626858956
`
`(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)
`(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)
`

`
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`

`
`RAM SALE NUMBER: 172
`
`RAM ACCOUNTING DATE: 20070214
`
`INTERNET TRANSMISSION DATE:
`
`SERIAL NUMBER:
`
`2007/O2/13
`
`78/943482
`
`Description
`
`Fee
`Code
`
`Transaction
`Date
`
`Number Of
`Classes
`
`Total Fees
`Paid
`
`New App
`
`700]
`
`2007/02/I 3
`
`I
`
`325