`
`OMB No. 0651-0050 (Exp. 04/2009)
`
`Response to Office Action
`
`The table below presents the data as entered.
`
`Input Field
`
`Entered
`
`SERIAL NUMBER
`
`79020816
`
`LAW OFFICE ASSIGNED
`
`LAW OFFICE 102
`
`MARK SECTION (no change)
`
`GOODS AND/OR SERVICES SECTION (009)(current)
`
`INTERNATIONAL CLASS
`
`009
`
`DESCRIPTION
`
`Software for 3D graphic display, especially for creating, animating, simulating and experimenting with
`objects, characters (people), information or ideas, for navigation, research, exploration, collaboration;
`software for marketing and maintenance of goods; software for presenting knowledge in connection
`with goods intended for industries or end consumers, their production, use, maintenance,
`documentation, perception and consumption; software for designing games; gaming software; software
`for media content management, preproduction and postproduction; data exchange software; educational
`software; training software; teaching software; 3D content management software; CD-ROMs, DVDs,
`minidisks and diskettes
`
`GOODS AND/OR SERVICES SECTION (009)(proposed)
`
`INTERNATIONAL CLASS
`
`009
`
`DESCRIPTION
`
`Computer software recorded on data media for graphic visualization in two or three dimensions, namely
`for computer-aided design, animation, simulation, publishing, document searches, defeaturing, namely
`simplification of geometry, and for remote monitoring and surveillance; imaging software; maintenance
`computer utility software; software for presenting knowledge about industrial products, their
`manufacture, their use, their maintenance, their documentation; computer software for the design of
`computer games; computer game software; data exchange software, namely computer software for
`creating searchable databases of information and data; educational software featuring instructions in the
`field of the graphic representation of products in two or three dimensions; training software featuring
`instruction in the field of the graphic visualization of products in two or three dimensions; pre-recorded
`CDs, DVDs and computer software diskettes featuring instruction in the field of computer
`programming.
`
`GOODS AND/OR SERVICES SECTION (016)(current)
`
`INTERNATIONAL CLASS
`
`016
`
`DESCRIPTION
`
`
`
`Files, printed matter, newspapers, books, periodicals; programming manuals; operating manuals for
`computer programs; photographs, printing blocks; instructional and teaching material
`
`GOODS AND/OR SERVICES SECTION (016)(proposed)
`
`INTERNATIONAL CLASS
`
`016
`
`DESCRIPTION
`
`Documents files, printed matter, namely, newspapers and periodicals in the field of the graphic
`visualization of products in two or three dimensions and in the field of computer programming;
`computer programmers' manuals for graphic visualization in two or three dimensions of products; users
`handbooks for computer programs in the field of the graphic visualization in two or three dimensions of
`products; photographs, printing blocks, printed instructional and teaching material in the field of
`computer programming.
`
`GOODS AND/OR SERVICES SECTION (038)(current)
`
`INTERNATIONAL CLASS
`
`038
`
`DESCRIPTION
`
`Supply (transmission) of information on line with regard to training relating to software and software
`sale
`
`GOODS AND/OR SERVICES SECTION (038)(proposed)
`
`INTERNATIONAL CLASS
`
`038
`
`DESCRIPTION
`
`Electronic data transmission online, with regard to training relating to software and software sale
`
`GOODS AND/OR SERVICES SECTION (041)(current)
`
`INTERNATIONAL CLASS
`
`041
`
`DESCRIPTION
`
`Training services in the field of software, information technology and 3D content creation, training
`services and courses provided on line in the field of software; organization and conducting of
`conferences with regard to software, program development, computer systems and 3D content creation
`
`GOODS AND/OR SERVICES SECTION (041)(proposed)
`
`INTERNATIONAL CLASS
`
`041
`
`DESCRIPTION
`
`Training services in the field of software, information technology and 3D content creation; training
`services and courses provided on line in the field of software; organization and conducting of
`educational conferences with regard to software, program development, computer systems and 3D
`content creation
`
`GOODS AND/OR SERVICES SECTION (042)(current)
`
`INTERNATIONAL CLASS
`
`042
`
`DESCRIPTION
`
`
`
`Computer programming services; services for the design of goods and characters (people) or in
`connection with the operational sequencing of industrial processes assisted by computer; rental of
`computers, computer programs or peripheral equipment for computers; engineering services and
`technical consultancy concerning the design of goods and production means or the operational
`sequencing of industrial processes; software design, maintenance and updating services; technical
`assistance services for software customization for adapting said software to the specific needs resulting
`from the customer's activity and working methods; advisory services in the field of information
`technology
`
`GOODS AND/OR SERVICES SECTION (042)(proposed)
`
`INTERNATIONAL CLASS
`
`042
`
`DESCRIPTION
`
`Computer programming services; services for the design of goods and graphic characters in the nature
`of people and in connection with the operational sequencing of industrial processes assisted by
`computer; rental of computers, computer programs and peripheral equipment for computers;
`engineering services and technical consultancy concerning the design of goods and production means
`and the operational sequencing of industrial processes; software design, maintenance and updating
`services; technical assistance services for software customization for adapting said software to the
`specific needs resulting from the customer's activity and working methods; advisory services in the field
`of information technology.
`
`ADDITIONAL STATEMENTS SECTION
`
`DISCLAIMER
`
`MISCELLANEOUS STATEMENT
`
`SIGNATURE SECTION
`
`DECLARATION SIGNATURE
`
`SIGNATORY'S NAME
`
`"No claim is made to the exclusive right to use 3D apart from
`the mark as shown."
`
`Applicant draws the Examiner's attention to application serial
`number 79015157 for the mark SIMULIA, in which the
`goods and services recitations, as proposed here, have been
`accepted.
`
`/Rebecca Stroder/
`
`Rebecca Stroder
`
`SIGNATORY'S POSITION
`
`Attorney and authorized agent
`
`DATE SIGNED
`
`RESPONSE SIGNATURE
`
`SIGNATORY'S NAME
`
`SIGNATORY'S POSITION
`
`DATE SIGNED
`
`AUTHORIZED SIGNATORY
`
`12/28/2006
`
`/Rebecca Stroder/
`
`Rebecca Stroder
`
`Attorney and authorized agent
`
`12/28/2006
`
`YES
`
`FILING INFORMATION SECTION
`
`
`
`SUBMIT DATE
`
`TEAS STAMP
`
`Thu Dec 28 11:08:17 EST 2006
`
`USPTO/ROA-XX.XX.XXX.X-200
`61228110817999989-7902081
`6-360bbac81f26b76e9c1504b
`d058da1913f4-N/A-N/A-2006
`1228105232764757
`
`PTO Form 1957 (Rev 9/2005)
`
`OMB No. 0651-0050 (Exp. 04/2009)
`
`Response to Office Action
`To the Commissioner for Trademarks:
`
`Application serial no. 79020816 has been amended as follows:
`Classification and Listing of Goods/Services
`
`Applicant hereby amends the following class of goods/services in the application as follows:
`Current: Class 009 for Software for 3D graphic display, especially for creating, animating, simulating and
`experimenting with objects, characters (people), information or ideas, for navigation, research,
`exploration, collaboration; software for marketing and maintenance of goods; software for presenting
`knowledge in connection with goods intended for industries or end consumers, their production, use,
`maintenance, documentation, perception and consumption; software for designing games; gaming
`software; software for media content management, preproduction and postproduction; data exchange
`software; educational software; training software; teaching software; 3D content management software;
`CD-ROMs, DVDs, minidisks and diskettes
`
`Proposed: Class 009 for Computer software recorded on data media for graphic visualization in two or
`three dimensions, namely for computer-aided design, animation, simulation, publishing, document
`searches, defeaturing, namely simplification of geometry, and for remote monitoring and surveillance;
`imaging software; maintenance computer utility software; software for presenting knowledge about
`industrial products, their manufacture, their use, their maintenance, their documentation; computer
`software for the design of computer games; computer game software; data exchange software, namely
`computer software for creating searchable databases of information and data; educational software
`featuring instructions in the field of the graphic representation of products in two or three dimensions;
`training software featuring instruction in the field of the graphic visualization of products in two or three
`dimensions; pre-recorded CDs, DVDs and computer software diskettes featuring instruction in the field of
`computer programming.
`Filing Basis: Section 66(a).
`Applicant hereby amends the following class of goods/services in the application as follows:
`Current: Class 016 for Files, printed matter, newspapers, books, periodicals; programming manuals;
`operating manuals for computer programs; photographs, printing blocks; instructional and teaching
`material
`
`Proposed: Class 016 for Documents files, printed matter, namely, newspapers and periodicals in the field
`
`
`
`of the graphic visualization of products in two or three dimensions and in the field of computer
`programming; computer programmers' manuals for graphic visualization in two or three dimensions of
`products; users handbooks for computer programs in the field of the graphic visualization in two or three
`dimensions of products; photographs, printing blocks, printed instructional and teaching material in the
`field of computer programming.
`Filing Basis: Section 66(a).
`Applicant hereby amends the following class of goods/services in the application as follows:
`Current: Class 038 for Supply (transmission) of information on line with regard to training relating to
`software and software sale
`
`Proposed: Class 038 for Electronic data transmission online, with regard to training relating to software
`and software sale
`Filing Basis: Section 66(a).
`Applicant hereby amends the following class of goods/services in the application as follows:
`Current: Class 041 for Training services in the field of software, information technology and 3D content
`creation, training services and courses provided on line in the field of software; organization and
`conducting of conferences with regard to software, program development, computer systems and 3D
`content creation
`
`Proposed: Class 041 for Training services in the field of software, information technology and 3D content
`creation; training services and courses provided on line in the field of software; organization and
`conducting of educational conferences with regard to software, program development, computer systems
`and 3D content creation
`Filing Basis: Section 66(a).
`Applicant hereby amends the following class of goods/services in the application as follows:
`Current: Class 042 for Computer programming services; services for the design of goods and characters
`(people) or in connection with the operational sequencing of industrial processes assisted by computer;
`rental of computers, computer programs or peripheral equipment for computers; engineering services and
`technical consultancy concerning the design of goods and production means or the operational sequencing
`of industrial processes; software design, maintenance and updating services; technical assistance services
`for software customization for adapting said software to the specific needs resulting from the customer's
`activity and working methods; advisory services in the field of information technology
`
`Proposed: Class 042 for Computer programming services; services for the design of goods and graphic
`characters in the nature of people and in connection with the operational sequencing of industrial
`processes assisted by computer; rental of computers, computer programs and peripheral equipment for
`computers; engineering services and technical consultancy concerning the design of goods and production
`means and the operational sequencing of industrial processes; software design, maintenance and updating
`services; technical assistance services for software customization for adapting said software to the specific
`needs resulting from the customer's activity and working methods; advisory services in the field of
`information technology.
`Filing Basis: Section 66(a).
`Additional Statements
`
`"No claim is made to the exclusive right to use 3D apart from the mark as shown."
`
`Applicant draws the Examiner's attention to application serial number 79015157 for the mark SIMULIA,
`in which the goods and services recitations, as proposed here, have been accepted.
`
`
`
`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: /Rebecca Stroder/(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)Date: 12/28/2006
`Signatory's Name: Rebecca Stroder
`Signatory's Position: Attorney and authorized agent
`
`Response Signature
`Signature: /Rebecca Stroder/(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)Date: 12/28/2006
`Signatory's Name: Rebecca Stroder
`Signatory's Position: Attorney and authorized agent
`
`Serial Number: 79020816
`Internet Transmission Date: Thu Dec 28 11:08:17 EST 2006
`TEAS Stamp: USPTO/ROA-XX.XX.XXX.X-200612281108179999
`89-79020816-360bbac81f26b76e9c1504bd058d
`a1913f4-N/A-N/A-20061228105232764757
`
`(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)
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