Miscellaneous Statement

ZAPAK

Serial No. 77/733,427

I. Request to Divide
Applicant attaches as Exhibit A the Request to Divide that it filed on February 9,
2010, and requests that the Examiner enter the Request to Divide prior to amending the
application based on the instructions in this Response to Office Action. Applicant’s
intent in filing the Request to Divide is to divide into a new application all goods and
services to which the Section 44(e) filing basis does not apply. The new, “divided-out”
application will cover the following goods and services:

International Class: 014 (Section 1(b) Filing Basis)
Watches containing a game function, watches containing an electronic
game function

International Class: 020 (Section 1(b) Filing Basis)
Works of art of wood, wax, plaster or plastic

International Class: 035 (Section 1(a) Filing Basis)
Arranging of subscriptions for the publications of others

International Class: 045 (Section 1(b) Filing Basis)
Online social networking services provided through a sports and other
community website

II. Amended Drawing

Applicant has amended the drawing in the Response to the Office Action to match

the drawing of the ZAPAK mark registered in India so that it may continue to claim a

Section 44(e) filing basis. Applicant requests that this amendment apply only to the

goods and services that remain in the application under Section 44(e). Applicant desires

to maintain the standard character claim for the divided-out application in which the

goods and services claim a Section 1(a) or Section 1(b) filing basis.
III. Clarification of Amendments to Filing Bases

Applicant wishes to clarify the amendments made to the filing bases for each of

the Classes in the application.

A. Class 009

Delete Sections 1(a) and 1(b) filing bases; maintain Section 44(e) filing basis.

B. Class 014

Delete Sections 1(a) and 44(e) filing bases; maintain Section 1(b) filing basis.

Applicant claimed only a Section 1(b) filing basis for Class 014 in the original

application. Any reference in the PTO database to any other filing basis is incorrect.

The entirety of Class 014 is being divided out into a new application under the

Section 1(b) filing basis.

C. Class 016

Delete Sections 1(a) and 1(b) filing bases; maintain Section 44(e) filing basis.

Applicant based Class 016 on Indian Registration No. 1489480 registered on

09/21/2006. Any reference in the PTO database to any other Indian registration is

incorrect.

D. Class 020

Delete Sections 1(a) and 44(e) filing bases; maintain Section 1(b) filing basis.

Applicant claimed only a Section 1(b) filing basis for Class 020 in the original

application. Any reference in the PTO database to any other filing basis is incorrect.

The entirety of Class 020 is being divided out into a new application under the

Section 1(b) filing basis.

E. Class 025

Delete Sections 1(a) and 1(b) filing bases; maintain Section 44(e) filing basis.
Applicant claimed only Sections 1(a) and 44(e) filing bases for Class 025 in the

original application. Any reference in the PTO database to any other filing basis is

incorrect. Additionally, Applicant based Class 025 on Indian Registration No. 1488479,

registered on 09/21/2006. Any reference in the PTO database to any other Indian

registration is incorrect.

F. Class 028

Delete Sections 1(a) and 1(b) filing bases; maintain Section 44(e) filing basis.

Applicant based Class 028 on Indian Registration No. 1489478, registered on

09/21/2006. Any reference in the PTO database to any other Indian registration is

incorrect.

G. Class 035

Divide out “Arranging subscriptions of the online publications of others” into the

new application under the Section 1(a) filing basis. For the remainder of this Class,

delete the Sections 1(a) and 1(b) filing bases and maintain the Section 44(e) filing basis.

Applicant based Class 035 on Indian Registration No. 1489477, registered on

09/21/2006. Any reference in the PTO database to any other Indian registration is

incorrect.

H. Class 038

Delete Sections 1(a) and 1(b) filing bases; maintain Section 44(e) filing basis.

Applicant based Class 038 on Indian Registration No. 1600787, registered on

09/12/2007. Any reference in the PTO database to any other Indian registration is

incorrect.

I. Class 041

Delete Sections 1(a) and 1(b) filing bases; maintain Section 44(e) filing basis.
Applicant based Class 041 on Indian Registration No. 1489476, registered on

09/21/2006. Any reference in the PTO database to any other Indian registration is

incorrect.

J. Class 042

Delete Section 1(a) filing basis; maintain Section 44(e) filing basis.

Applicant based Class 042 on Sections 1(a) and 44(e) filing bases. Any reference

in the PTO database to any other filing basis is incorrect. Additionally, Applicant based

Class 042 on Indian Registration No. 1489475, registered on 09/21/2006. Any reference

in the PTO database to any other Indian registration is incorrect.

K. Class 045

Delete the Sections 1(a) and 44(e) filing bases and maintain the Section 1(b) filing

basis.

Applicant based Class 045 on only a Section 1(b) filing basis in the original

application. Any reference in the PTO database to any other filing basis is incorrect.

The entirety of Class 045 is being divided out into a new application under the

Section 1(b) filing basis.
Exhibit A