PTO Form 1957 (Rev 9/2005)
`
`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
`
`85341977
`
`LAW OFFICE
`ASSIGNED
`
`MARK SECTION
`
`LAW OFFICE 109
`
`MARK
`
`http://tess2.uspto.gov/ImageAgent/ImageAgentProxy?getImage=85341977
`
`LITERAL ELEMENT
`
`REVOLT TV
`
`STANDARD CHARACTERS YES
`
`USPTO-GENERATED
`IMAGE
`
`YES
`
`MARK STATEMENT
`
`ARGUMENT(S)
`
`The mark consists of standard characters, without claim to any particular
`font style, size or color.
`
`This is responsive to the Examiner's Office Action dated September 24, 2011.
`
`(cid:160)P
`
`lease amend this application by deleting from it the following international classes in their entirety:
`
`·(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)(cid:160)(cid:160)
`·(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)
`
`International Class 9
`International Class 25
`International Class 32
`International Class 33
`
`(cid:160)T
`
`he examiner is refusing registration of Applicant's mark because of a likelihood of confusion with the
`marks in U.S. Registration Nos. 1489444, 2397258, 3299076, 3921904, and 4021260 and in U.S.
`application No. 85067877.
`
`It is believed that removal of the classes listed above from Applicant's application eliminates any
`likelihood of confusion with the cited registrations and application.
`
`(cid:160)F
`
`inally, a disclaimer of the descriptive wording "TV" apart from the mark as shown is also included in
`this response.
`
`(cid:160) G
`
`OODS AND/OR SERVICES SECTION (003)(current)
`
`(cid:160)
`(cid:160)(cid:160)
`

`
`INTERNATIONAL CLASS
`
`003
`
`DESCRIPTION
`
`FILING BASIS
`
`Fragrances for personal use
`
`Section 1(b)
`
`GOODS AND/OR SERVICES SECTION (003)(proposed)
`
`INTERNATIONAL CLASS
`
`003
`
`DESCRIPTION
`
`FILING BASIS
`
`Fragrances for personal use
`
`Section 1(b)
`
`GOODS AND/OR SERVICES SECTION (009)(class deleted)
`
`GOODS AND/OR SERVICES SECTION (025)(class deleted)
`
`GOODS AND/OR SERVICES SECTION (032)(class deleted)
`
`GOODS AND/OR SERVICES SECTION (033)(class deleted)
`
`GOODS AND/OR SERVICES SECTION (035)(class deleted)
`
`GOODS AND/OR SERVICES SECTION (038)(no change)
`
`GOODS AND/OR SERVICES SECTION (041)(no change)
`
`GOODS AND/OR SERVICES SECTION (043)(no change)
`
`ADDITIONAL STATEMENTS SECTION
`
`DISCLAIMER
`
`No claim is made to the exclusive right to use TV apart from the mark as
`shown.
`
`CORRESPONDENCE SECTION
`
`ORIGINAL ADDRESS
`
`PETER BUCCI
`CHADBOURNE & PARKE LLP
`30 ROCKEFELLER PLZ FL 31
`NEW YORK
`New York (NY)
`US
`10112-0129
`
`NEW CORRESPONDENCE SECTION
`
`NAME
`
`FIRM NAME
`
`Peter Bucci
`
`CHADBOURNE & PARKE LLP
`
`DOCKET/REFERENCE
`NUMBER
`
`20407-966
`
`STREET
`
`CITY
`
`STATE
`
`30 ROCKEFELLER PLZ FL 31
`
`NEW YORK
`
`New York
`
`

`
`ZIP/POSTAL CODE
`
`COUNTRY
`
`PHONE
`
`FAX
`
`EMAIL
`
`10112-0129
`
`United States
`
`212-408-1022
`
`646-710-5272
`
`trademarks@chadbourne.com
`
`AUTHORIZED EMAIL
`COMMUNICATION
`
`Yes
`
`SIGNATURE SECTION
`
`RESPONSE SIGNATURE
`
`/Brian Pollack/
`
`SIGNATORY'S NAME
`
`Brian Pollack
`
`SIGNATORY'S POSITION
`
`Attorney of record, New York bar member
`
`SIGNATORY'S PHONE
`NUMBER
`
`212-408-5272
`
`DATE SIGNED
`
`03/26/2012
`
`AUTHORIZED SIGNATORY YES
`
`FILING INFORMATION SECTION
`
`SUBMIT DATE
`
`Mon Mar 26 15:43:54 EDT 2012
`
`TEAS STAMP
`
`USPTO/ROA-38.105.157.199-
`20120326154354677966-8534
`1977-490226d38e549be47990
`ec63a1db4ba31-N/A-N/A-201
`20326152730903509
`
`PTO Form 1957 (Rev 9/2005)
`
`OMB No. 0651-0050 (Exp. 07/31/2017)
`
`Response to Office Action
`To the Commissioner for Trademarks:
`
`Application serial no. 85341977(cid:160)REVOLT TV(Standard Characters, see
`http://tess2.uspto.gov/ImageAgent/ImageAgentProxy?getImage=85341977) has been amended as follows:
`ARGUMENT(S)
`In response to the substantive refusal(s), please note the following:
`
`This is responsive to the Examiner's Office Action dated September 24, 2011.
`
`(cid:160)
`

`
`Please amend this application by deleting from it the following international classes in their entirety:
`
`·(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)(cid:160)(cid:160)
`·(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)
`
`International Class 9
`International Class 25
`International Class 32
`International Class 33
`
`(cid:160)T
`
`he examiner is refusing registration of Applicant's mark because of a likelihood of confusion with the
`marks in U.S. Registration Nos. 1489444, 2397258, 3299076, 3921904, and 4021260 and in U.S.
`application No. 85067877.
`
`It is believed that removal of the classes listed above from Applicant's application eliminates any
`likelihood of confusion with the cited registrations and application.
`
`(cid:160)F
`
`inally, a disclaimer of the descriptive wording "TV" apart from the mark as shown is also included in this
`response.
`
`CLASSIFICATION AND LISTING OF GOODS/SERVICES
`Applicant hereby deletes the following class of goods/services from the application.
`Class 009 for Sunglasses, eyeglasses and eyeglass frames; audio-visual recordings featuring music and
`musical based entertainment; downloadable audio-visual recordings featuring music and musical based
`entertainment; audio equipment and accessories, namely, personal stereos, speakers, sub-woofers, power
`amplifiers, audio signal equalizers, digital audio media recorders, and digital audio media players,
`amplifiers for musical instruments and electronic control devices for musical instruments, namely, volume
`control and musical instrument digital interfaces (midi) devices; cellular phones; cellular phone equipment
`and accessories, namely, phone cases, phone batteries, phone chargers, phone jacks, phone belt clips,
`phone antennas, hand-free kits, namely, hands-free kits consisting of devices for hands-free use of mobile
`phones, headsets and faceplates, cables; specialty holsters for carrying personal digital assistants and
`cellular phones; personal digital assistants; digital cameras; mp3 players and portable and handheld digital
`audio electronic players and computers for recording, organizing, transmitting, manipulating and
`reviewing audio files; personal digital assistants for use as portable telecommunications instant messaging
`devices; series of musical sound recordings; downloadable musical sound recordings; computer game
`software, computer game programs, computer game software that may be downloaded from global and
`local area computer networks and wireless communication networks, computer game cartridges to be used
`in computer game machines adapted for use with television receivers
`
`Applicant hereby deletes the following class of goods/services from the application.
`Class 025 for Clothing and clothing accessories, namely, shirts, jackets, jogging suits, pants, coats, t-shirts,
`shorts, tank tops, skirts, warm-up suits, sweatshirts and sweatpants, sweaters, dresses, suits, belts,
`swimwear, underwear, lingerie, socks, hosiery, gloves, mittens, and scarves; headwear, hats, caps, visors,
`headbands; footwear, shoes
`
`Applicant hereby deletes the following class of goods/services from the application.
`Class 032 for Non-alcoholic beverages containing fruit juices; beer; flavored beers; bottled water; flavored
`bottled water; coconut juice; coconut water; soft drinks; energy drinks; sports drinks; fruit beverages; fruit
`drinks and juices
`
`(cid:160)
`(cid:160)(cid:160)
`(cid:160)
`

`
`Applicant hereby deletes the following class of goods/services from the application.
`Class 033 for Alcoholic beverages except beers; alcoholic beverages containing fruit; alcoholic cocktail
`mixes; alcoholic energy drinks; aperitifs; distilled spirits; liqueurs and vodka
`
`Applicant hereby deletes the following class of goods/services from the application.
`Class 035 for Online retail store services, all in the field of apparel, leather goods, fashion accessories;
`arranging and conducting polling and voting services for others via global and local area computer
`networks and wireless communication networks
`
`Applicant proposes to amend the following class of goods/services in the application:
`Current: Class 003 for Fragrances for personal use
`Original Filing Basis:
`Filing Basis: Section 1(b), Intent to Use: 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 in the application. 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 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/services that meet the
`certification standards of the applicant.
`
`Proposed: Class 003 for Fragrances for personal use
`Filing Basis: Section 1(b), Intent to Use: 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 in the application. 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 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/services that meet the
`certification standards of the applicant.
`
`CORRESPONDENCE ADDRESS CHANGE
`Applicant proposes to amend the following:
`Current:
`PETER BUCCI
`CHADBOURNE & PARKE LLP
`30 ROCKEFELLER PLZ FL 31
`NEW YORK
`New York (NY)
`US
`
`

`
`10112-0129
`
`Proposed:
`Peter Bucci of CHADBOURNE & PARKE LLP, having an address of
`30 ROCKEFELLER PLZ FL 31 NEW YORK, New York 10112-0129
`United States
`trademarks@chadbourne.com
`212-408-1022
`646-710-5272
`The docket/reference number is 20407-966 .
`
`ADDITIONAL STATEMENTS
`Disclaimer
`No claim is made to the exclusive right to use TV apart from the mark as shown.
`
`SIGNATURE(S)
`Response Signature
`Signature: /Brian Pollack/(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)Date: 03/26/2012
`Signatory's Name: Brian Pollack
`Signatory's Position: Attorney of record, New York bar member
`
`Signatory's Phone Number: 212-408-5272
`
`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.
`
`Mailing Address: (cid:160)(cid:160)(cid:160)Peter Bucci
`(cid:160)(cid:160)(cid:160)CHADBOURNE & PARKE LLP
`(cid:160)(cid:160)(cid:160)30 ROCKEFELLER PLZ FL 31
`(cid:160)(cid:160)(cid:160)NEW YORK, New York 10112-0129
`
`Serial Number: 85341977
`Internet Transmission Date: Mon Mar 26 15:43:54 EDT 2012
`TEAS Stamp: USPTO/ROA-38.105.157.199-201203261543546
`77966-85341977-490226d38e549be47990ec63a
`1db4ba31-N/A-N/A-20120326152730903509
`
`(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)