PTO Form 1957 (Rev 9/2005)
`
`OMB No. 0651-0050 (Exp. 07/31/2017)
`
`Response to Office Action
`
`Input Field
`
`SERIAL NUMBER
`
`LAW OFFICE ASSIGNED
`
`MARK SECTION
`
`MARK FILE NAME
`
`LITERAL ELEMENT
`
`STANDARD CHARACTERS
`
`USPTO-GENERATED IMAGE
`
`COLOR(S) CLAIMED
`(If applicable)
`
`DESCRIPTION OF THE MARK
`(and Color Location, if applicable)
`
`ARGUMENT(S)
`
`The table below presents the data as entered.
`
`Entered
`
`85519635
`
`LAW OFFICE 109
`
`http://tess2.uspto.gov/ImageAgent/ImageAgentProxy?getImage=85519635
`
`FULL HD 3D GLASSES
`
`NO
`
`NO
`
`Color is not claimed as a feature of the mark.
`
`The mark consists of the wording FULL HD above the wording 3D, in turn above
`the wording GLASSES, with a triangular design located to the right of the wording
`3D.
`
`This is in response to the Office Action dated March 7, 2012.(cid:160) The Examining Attorney has requested a claim of ownership of Reg. No.
`3819940.(cid:160) Applicant is submitting the requested claim of ownership as part of this response.(cid:160) The Examining Attorney has also requested a
`disclaimer of all wording in the application.(cid:160) Applicant is submitting the requested disclaimer as part of this response.(cid:160) The Examining
`Attorney has also requested clarification of a number of the associated goods and services, and has provided suggestions for such
`clarifications.(cid:160) Applicant is amending the associated goods and services descriptions to clarify same, and has adopted many of the Examining
`Attorney’s suggestions in that regard.(cid:160) In response to the Examining Attorney’s inquiry, Applicant wishes to maintain both filing bases in
`this application, as the supporting Japanese application recently matured into a registration, and a translated version of same will be available
`shortly for submission in this application.(cid:160) The Examining Attorney has also cited Appl. Serial No. 85/364699 as an earlier-filed application,
`which has since matured to Reg. No. 4141564.(cid:160) Applicant respectfully submits that there should be no likelihood of confusion relative to the
`cited mark/registration for the following reasons.(cid:160) Both the present application and the cited registration required disclaimers of all wording
`present in the marks, such that the design features of the respective marks should naturally control.(cid:160) However, the overall appearances of the
`present and cited marks are entirely different due to their entirely different design features.(cid:160)
`In addition, Applicant notes that the cited
`registration was approved in light of Applicant’s two prior registrations covering similar/overlapping goods, Nos. 3819940 for “3D FULL
`HD” (Stylized) and 3936045 for “3D” (Stylized), for which all wording was also disclaimed. (cid:160) Applicant understands that prior decisions of
`the Trademark Office are not determinative of matters in subsequent applications; however, Applicant believes that this demonstrates that the
`distinctive design features among these various marks (where all wording has been disclaimed) allows these marks to peacefully coexist and
`each be entitled to registration based on their entirely different, and distinctive, design features.(cid:160) Accordingly, Applicant kindly requests that
`the present and cited marks be found distinguishable on these bases.(cid:160) Applicant submits that all issues in this application have been properly
`addressed, such that this application should now be considered ready for allowance.(cid:160) However, should the Examining Attorney find that any
`issues remain, she is invited to contact the undersigned attorney directly at 248-641-1239.
`
`GOODS AND/OR SERVICES SECTION (009)(current)
`
`INTERNATIONAL CLASS
`
`DESCRIPTION
`
`009
`
`Devices for viewing three-dimensional (3D) images; three dimensional (3D) viewing devices consisting mainly of three-dimensional (3D)
`eyewear products; three-dimensional (3D) image displays; three-dimensional (3D) viewers; photographic instruments and apparatus;
`cinematographic instruments and apparatus; optical apparatus and instruments; television receivers (TV sets); liquid crystal display (LCD)
`television receivers (TV sets); plasma display panel (PDP) television receivers (TV sets); organic electroluminescence (EL) display television
`receivers (TV sets); projection television receivers (TV sets); digital versatile disc players; digital versatile disc recorders; hard disc video
`players; hard disc video recorders; optical disc video players; optical disc video recorders; video projectors; mobile phones; telecommunication
`
`

`

`devices and apparatus; personal computers, and parts and fittings thereof; liquid-crystal displays for computers; electronic machines, apparatus
`and their parts; spectacles (eyeglasses and goggles); apparatus for consumer games adapted for use with an external display screen or monitor;
`magnetic tapes, chip cards (IC cards), magnetic discs, optical discs, magneto-optical discs and other video discs and video tapes recorded with
`programs for apparatus for consumer games adapted for use with an external display screen or monitor; recorded magnetic tapes, recorded chip
`cards (IC cards), recorded magnetic discs, recorded optical discs, recorded magneto-optical discs and other recorded video discs and recorded
`video tapes; exposed cinematographic films; exposed slide films; slide film mounts; downloadable image files; electronic publications
`(downloadable)
`
`FILING BASIS
`
`FILING BASIS
`
`(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160) FOREIGN APPLICATION NUMBER
`
`(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)FOREIGN APPLICATION COUNTRY
`
`(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160) FOREIGN FILING DATE
`
`Section 1(b)
`
`Section 44(d)
`
`2011-052488
`
`Japan
`
`07/25/2011
`
`GOODS AND/OR SERVICES SECTION (009)(proposed)
`
`INTERNATIONAL CLASS
`
`TRACKED TEXT DESCRIPTION
`
`009
`
`Devices for viewing three-dimensional (3D) images; Three dimensional (3D) viewing devices consisting of three-dimensional (3D) eyewear;
`three dimensional (3D) viewing devices consisting mainly of three-dimensional (3D) eyewear products; photographic instruments and
`apparatus, namely, camcorders and digital still cameras; three-dimensional (3D) image displays; television receivers in the nature of TV sets;
`three-dimensional (3D) viewers; liquid crystal display (LCD) television receivers in the nature of TV sets; photographic instruments and
`apparatus; plasma display panel (PDP) television receivers in the nature of TV sets; cinematographic instruments and apparatus; organic
`electroluminescence (EL) display television receivers in the nature of TV sets; optical apparatus and instruments; projection television
`receivers in the nature of TV sets; television receivers (TV sets); digital versatile disc players; liquid crystal display (LCD) television receivers
`(TV sets); digital versatile disc recorders; plasma display panel (PDP) television receivers (TV sets); hard disc video players; organic
`electroluminescence (EL) display television receivers (TV sets); hard disc video recorders; projection television receivers (TV sets); optical
`disc video players; optical disc video recorders; video projectors; mobile phones; personal computers; liquid-crystal displays for computers;
`electronic machines, apparatus and their parts, namely, projectors, computer displays and external three-dimensional (3D) infrared (IR)
`emitters used with projectors to extend the visual and audio distance for 3D images; spectacles in the nature of eyeglasses and goggles;
`apparatus for consumer games adapted for use with an external display screen or monitor; telecommunication devices and apparatus; pre-
`recorded magnetic tapes, chip cards in the nature of integrated circuit cards, magnetic discs, optical discs, magneto-optical discs and other
`video discs and video tapes, all featuring video game programs for use with apparatus for consumer games adapted for use with an external
`display screen or monitor; personal computers, and parts and fittings thereof; sound recorded magnetic tapes, recorded chip cards in the nature
`of integrated circuit cards featuring sound and video recordings, recorded magnetic discs featuring sound and video recordings, recorded
`optical discs featuring sound and video recordings, recorded magneto-optical discs and other recorded video discs and recorded video tapes,
`all featuring sound and video recordings; exposed cinematographic films; electronic machines, apparatus and their parts; exposed slide films;
`spectacles (eyeglasses and goggles); slide film mounts; magnetic tapes, chip cards (IC cards), magnetic discs, optical discs, magneto-optical
`discs and other video discs and video tapes recorded with programs for apparatus for consumer games adapted for use with an external display
`screen or monitor; recorded magnetic tapes, recorded chip cards (IC cards), recorded magnetic discs, recorded optical discs, recorded
`magneto-optical discs and other recorded video discs and recorded video tapes; downloadable image files; electronic publications
`(downloadable)
`
`FINAL(cid:160)DESCRIPTION
`
`Three dimensional (3D) viewing devices consisting of three-dimensional (3D) eyewear; photographic instruments and apparatus, namely,
`camcorders and digital still cameras; television receivers in the nature of TV sets; liquid crystal display (LCD) television receivers in the
`nature of TV sets; plasma display panel (PDP) television receivers in the nature of TV sets; organic electroluminescence (EL) display
`television receivers in the nature of TV sets; projection television receivers in the nature of TV sets; digital versatile disc players; digital
`versatile disc recorders; hard disc video players; hard disc video recorders; optical disc video players; optical disc video recorders; video
`projectors; mobile phones; personal computers; liquid-crystal displays for computers; electronic machines, apparatus and their parts, namely,
`projectors, computer displays and external three-dimensional (3D) infrared (IR) emitters used with projectors to extend the visual and audio
`distance for 3D images; spectacles in the nature of eyeglasses and goggles; apparatus for consumer games adapted for use with an external
`display screen or monitor; pre-recorded magnetic tapes, chip cards in the nature of integrated circuit cards, magnetic discs, optical discs,
`magneto-optical discs and other video discs and video tapes, all featuring video game programs for use with apparatus for consumer games
`adapted for use with an external display screen or monitor; sound recorded magnetic tapes, recorded chip cards in the nature of integrated
`circuit cards featuring sound and video recordings, recorded magnetic discs featuring sound and video recordings, recorded optical discs
`featuring sound and video recordings, recorded magneto-optical discs and other recorded video discs and recorded video tapes, all featuring
`sound and video recordings; exposed cinematographic films; exposed slide films; slide film mounts
`
`

`

`FILING BASIS
`
`FILING BASIS
`
`(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)FOREIGN APPLICATION NUMBER
`
`(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)FOREIGN APPLICATION COUNTRY
`
`(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)FOREIGN FILING DATE
`
`Section 1(b)
`
`Section 44(d)
`
`2011-052488
`
`Japan
`
`07/25/2011
`
`GOODS AND/OR SERVICES SECTION (041)(current)
`
`INTERNATIONAL CLASS
`
`DESCRIPTION
`
`041
`
`Providing on-line (not downloadable) motion pictures and images; providing on-line electronic publication (not downloadable); providing on-
`line game (not downloadable); education; entertainment; movie theaters; providing entertainment using motion simulators
`
`FILING BASIS
`
`FILING BASIS
`
`Section 1(b)
`
`Section 44(d)
`
`GOODS AND/OR SERVICES SECTION (041)(proposed)
`
`INTERNATIONAL CLASS
`
`TRACKED TEXT DESCRIPTION
`
`041
`
`Providing on-line (not downloadable) motion pictures and images; Computerized online rental services featuring motion pictures; providing
`on-line electronic publication (not downloadable); entertainment services, namely, providing an on-line non-downloadable computer game;
`providing on-line game (not downloadable); movie theaters; education; entertainment services, namely, motion simulator rides; entertainment;
`providing entertainment using motion simulators
`
`FINAL(cid:160)DESCRIPTION
`
`Computerized online rental services featuring motion pictures; entertainment services, namely, providing an on-line non-downloadable
`computer game; movie theaters; entertainment services, namely, motion simulator rides
`
`FILING BASIS
`
`FILING BASIS
`
`(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)FOREIGN APPLICATION NUMBER
`
`(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)FOREIGN APPLICATION COUNTRY
`
`(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)FOREIGN FILING DATE
`
`ADDITIONAL STATEMENTS SECTION
`
`DISCLAIMER
`
`Section 1(b)
`
`Section 44(d)
`
`2011-052488
`
`Japan
`
`07/25/2011
`
`No claim is made to the exclusive right to use FULL HD 3D GLASSES apart from
`the mark as shown.
`
`ACTIVE PRIOR REGISTRATION(S)
`
`The applicant claims ownership of U.S. Registration Number(s) 3819940.
`
`SIGNATURE SECTION
`
`RESPONSE SIGNATURE
`
`SIGNATORY'S NAME
`
`SIGNATORY'S POSITION
`
`SIGNATORY'S PHONE NUMBER
`
`DATE SIGNED
`
`AUTHORIZED SIGNATORY
`
`/Garrett C. Donley/
`
`Garrett C. Donley
`
`Attorney of record, Michigan bar member
`
`248-641-1600
`
`08/31/2012
`
`YES
`
`FILING INFORMATION SECTION
`
`SUBMIT DATE
`
`Fri Aug 31 19:26:22 EDT 2012
`
`

`

`USPTO/ROA-XX.XXX.XXX.XX-2
`0120831192622241106-85519
`635-49068f31131da512978cf
`2b90ad5dc18-N/A-N/A-20120
`831191601090455
`
`TEAS STAMP
`
`PTO Form 1957 (Rev 9/2005)
`
`OMB No. 0651-0050 (Exp. 07/31/2017)
`
`To the Commissioner for Trademarks:
`
`Response to Office Action
`
`Application serial no. 85519635(cid:160)FULL HD 3D GLASSES (Stylized and/or with Design, see
`http://tess2.uspto.gov/ImageAgent/ImageAgentProxy?getImage=85519635) 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 March 7, 2012.(cid:160) The Examining Attorney has requested a claim of ownership of Reg. No.
`3819940.(cid:160) Applicant is submitting the requested claim of ownership as part of this response.(cid:160) The Examining Attorney has also requested a
`disclaimer of all wording in the application.(cid:160) Applicant is submitting the requested disclaimer as part of this response.(cid:160) The Examining Attorney
`has also requested clarification of a number of the associated goods and services, and has provided suggestions for such clarifications.(cid:160) Applicant
`is amending the associated goods and services descriptions to clarify same, and has adopted many of the Examining Attorney’s suggestions in
`that regard.(cid:160)
`In response to the Examining Attorney’s
`inquiry, Applicant wishes to maintain both filing bases in this application, as the
`supporting Japanese application recently matured into a registration, and a translated version of same will be available shortly for submission in
`this application.(cid:160) The Examining Attorney has also cited Appl. Serial No. 85/364699 as an earlier-filed application, which has since matured to
`Reg. No. 4141564.(cid:160) Applicant respectfully submits that there should be no likelihood of confusion relative to the cited mark/registration for the
`following reasons.(cid:160) Both the present application and the cited registration required disclaimers of all wording present in the marks, such that the
`design features of the respective marks should naturally control.(cid:160) However, the overall appearances of the present and cited marks are entirely
`different due to their entirely different design features.(cid:160)
`In addition, Applicant notes that the cited registration was approved in light of
`Applicant’s two prior registrations covering similar/overlapping goods, Nos. 3819940 for “3D FULL HD” (Stylized) and 3936045 for “3D”
`(Stylized), for which all wording was also disclaimed. (cid:160) Applicant understands that prior decisions of the Trademark Office are not determinative
`of matters in subsequent applications; however, Applicant believes that this demonstrates that the distinctive design features among these various
`marks (where all wording has been disclaimed) allows these marks to peacefully coexist and each be entitled to registration based on their
`entirely different, and distinctive, design features.(cid:160) Accordingly, Applicant kindly requests that
`the present and cited marks be found
`distinguishable on these bases.(cid:160) Applicant submits that all issues in this application have been properly addressed, such that this application
`should now be considered ready for allowance.(cid:160) However, should the Examining Attorney find that any issues remain, she is invited to contact
`the undersigned attorney directly at 248-641-1239.
`
`CLASSIFICATION AND LISTING OF GOODS/SERVICES
`Applicant proposes to amend the following class of goods/services in the application:
`Current: Class 009 for Devices for viewing three-dimensional (3D) images; three dimensional (3D) viewing devices consisting mainly of three-
`dimensional (3D) eyewear products; three-dimensional (3D) image displays; three-dimensional (3D) viewers; photographic instruments and
`apparatus; cinematographic instruments and apparatus; optical apparatus and instruments; television receivers (TV sets); liquid crystal display
`(LCD) television receivers (TV sets); plasma display panel (PDP) television receivers (TV sets); organic electroluminescence (EL) display
`television receivers (TV sets); projection television receivers (TV sets); digital versatile disc players; digital versatile disc recorders; hard disc
`video players; hard disc video recorders; optical disc video players; optical disc video recorders; video projectors; mobile phones;
`telecommunication devices and apparatus; personal computers, and parts and fittings thereof; liquid-crystal displays for computers; electronic
`machines, apparatus and their parts; spectacles (eyeglasses and goggles); apparatus for consumer games adapted for use with an external display
`screen or monitor; magnetic tapes, chip cards (IC cards), magnetic discs, optical discs, magneto-optical discs and other video discs and video
`tapes recorded with programs for apparatus for consumer games adapted for use with an external display screen or monitor; recorded magnetic
`tapes, recorded chip cards (IC cards), recorded magnetic discs, recorded optical discs, recorded magneto-optical discs and other recorded video
`discs and recorded video tapes; exposed cinematographic films; exposed slide films; slide film mounts; downloadable image files; electronic
`publications (downloadable)
`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.
`
`Filing Basis: Section 44(d), Priority based on foreign filing: 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, and
`asserts a claim of priority based upon a foreign 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, and asserts a
`claim of priority based upon a foreign application. For a certification 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 authorized users in
`connection with the identified goods/services, 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 or services that meet the certification
`standards of the applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on[ Japan
`application number 2011-052488 filed 07/25/2011]. 15 U.S.C.Section 1126(d), as amended.
`
`Proposed:
`Tracked Text Description: Devices for viewing three-dimensional (3D) images; Three dimensional (3D) viewing devices consisting of three-
`dimensional (3D) eyewear; three dimensional (3D) viewing devices consisting mainly of three-dimensional (3D) eyewear products;
`photographic instruments and apparatus, namely, camcorders and digital still cameras; three-dimensional (3D) image displays; television
`receivers in the nature of TV sets; three-dimensional (3D) viewers; liquid crystal display (LCD) television receivers in the nature of TV sets;
`photographic instruments and apparatus; plasma display panel (PDP) television receivers in the nature of TV sets; cinematographic instruments
`and apparatus; organic electroluminescence (EL) display television receivers in the nature of TV sets; optical apparatus and instruments;
`projection television receivers in the nature of TV sets; television receivers (TV sets); digital versatile disc players; liquid crystal display (LCD)
`television receivers (TV sets); digital versatile disc recorders; plasma display panel (PDP) television receivers (TV sets); hard disc video players;
`organic electroluminescence (EL) display television receivers (TV sets); hard disc video recorders; projection television receivers (TV sets);
`optical disc video players; optical disc video recorders; video projectors; mobile phones; personal computers; liquid-crystal displays for
`computers; electronic machines, apparatus and their parts, namely, projectors, computer displays and external three-dimensional (3D) infrared
`(IR) emitters used with projectors to extend the visual and audio distance for 3D images; spectacles in the nature of eyeglasses and goggles;
`apparatus for consumer games adapted for use with an external display screen or monitor; telecommunication devices and apparatus; pre-
`recorded magnetic tapes, chip cards in the nature of integrated circuit cards, magnetic discs, optical discs, magneto-optical discs and other video
`discs and video tapes, all featuring video game programs for use with apparatus for consumer games adapted for use with an external display
`screen or monitor; personal computers, and parts and fittings thereof; sound recorded magnetic tapes, recorded chip cards in the nature of
`integrated circuit cards featuring sound and video recordings, recorded magnetic discs featuring sound and video recordings, recorded optical
`discs featuring sound and video recordings, recorded magneto-optical discs and other recorded video discs and recorded video tapes, all
`featuring sound and video recordings; exposed cinematographic films; electronic machines, apparatus and their parts; exposed slide films;
`spectacles (eyeglasses and goggles); slide film mounts; magnetic tapes, chip cards (IC cards), magnetic discs, optical discs, magneto-optical
`discs and other video discs and video tapes recorded with programs for apparatus for consumer games adapted for use with an external display
`screen or monitor; recorded magnetic tapes, recorded chip cards (IC cards), recorded magnetic discs, recorded optical discs, recorded magneto-
`optical discs and other recorded video discs and recorded video tapes; downloadable image files; electronic publications (downloadable)
`
`Class 009 for Three dimensional (3D) viewing devices consisting of three-dimensional (3D) eyewear; photographic instruments and apparatus,
`namely, camcorders and digital still cameras; television receivers in the nature of TV sets; liquid crystal display (LCD) television receivers in the
`nature of TV sets; plasma display panel (PDP) television receivers in the nature of TV sets; organic electroluminescence (EL) display television
`receivers in the nature of TV sets; projection television receivers in the nature of TV sets; digital versatile disc players; digital versatile disc
`recorders; hard disc video players; hard disc video recorders; optical disc video players; optical disc video recorders; video projectors; mobile
`phones; personal computers; liquid-crystal displays for computers; electronic machines, apparatus and their parts, namely, projectors, computer
`displays and external three-dimensional (3D) infrared (IR) emitters used with projectors to extend the visual and audio distance for 3D images;
`spectacles in the nature of eyeglasses and goggles; apparatus for consumer games adapted for use with an external display screen or monitor; pre-
`recorded magnetic tapes, chip cards in the nature of integrated circuit cards, magnetic discs, optical discs, magneto-optical discs and other video
`discs and video tapes, all featuring video game programs for use with apparatus for consumer games adapted for use with an external display
`screen or monitor; sound recorded magnetic tapes, recorded chip cards in the nature of integrated circuit cards featuring sound and video
`recordings, recorded magnetic discs featuring sound and video recordings, recorded optical discs featuring sound and video recordings, recorded
`magneto-optical discs and other recorded video discs and recorded video tapes, all featuring sound and video recordings; exposed
`cinematographic films; exposed slide films; slide film mounts
`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.
`
`Filing Basis: Section 44(d), Priority based on foreign filing: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, and
`asserts a claim of priority based upon a foreign 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, and asserts a
`claim of priority based upon a foreign application. For a certification 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 authorized users in
`connection with the identified goods/services, 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 or services that meet the certification
`standards of the applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on [ Japan
`application number 2011-052488 filed 07/25/2011]. 15 U.S.C.Section 1126(d), as amended.
`
`Applicant proposes to amend the following class of goods/services in the application:
`Current: Class 041 for Providing on-line (not downloadable) motion pictures and images; providing on-line electronic publication (not
`downloadable); providing on-line game (not downloadable); education; entertainment; movie theaters; providing entertainment using motion
`simulators
`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.
`
`Based on Foreign Application: Applicant has had a bona fide intention to use the mark in commerce on or in connection with the identified goods
`and/or services, and will submit a copy of a foreign registration, and translation thereof, if appropriate. 15 U. S.C. Section 1126(d), as amended.
`
`Proposed:
`Tracked Text Description: Providing on-line (not downloadable) motion pictures and images; Computerized online rental services featuring
`motion pictures; providing on-line electronic publication (not downloadable); entertainment services, namely, providing an on-line non-
`downloadable computer game; providing on-line game (not downloadable); movie theaters; education; entertainment services, namely, motion
`simulator rides; entertainment; providing entertainment using motion simulators
`
`Class 041 for Computerized online rental services featuring motion pictures; entertainment services, namely, providing an on-line non-
`downloadable computer game; movie theaters; entertainment services, namely, motion simulator rides
`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