Response to Office Action

Input Field	Entered
SERIAL NUMBER	76057617
MARK SECTION (no change)
GOODS AND/OR SERVICES SECTION (current)
INTERNATIONAL CLASS	042
DESCRIPTION
Design and writing of computer software products for others; technical advice and support, namely, troubleshooting of computer software problems in-person and via telephone, both in the field of computer software products; technical consultation, namely, specializing in the management of assets, business process and logistics for capital intensive industries including mining, utilities, transportation and government; technical support for computer systems, namely, troubleshooting of computer hardware and software problems in-person and via telephone, and technical management of computer systems used for the provision of fully web-enabled interface and support for collaborative and e-business processes; computer systems integration; computer software maintenance, customization and implementation; leasing computer software for use by third parties; software application hosting and integration services for others
FILING BASIS	Section 1(a)
FIRST USE ANYWHERE DATE	06/04/2001
FIRST USE IN COMMERCE DATE	10/31/2001
FILING BASIS	Section 1(b)
GOODS AND/OR SERVICES SECTION (proposed)
INTERNATIONAL CLASS	042
DESCRIPTION
Design and writing of computer software products for others; technical advice and support, namely, troubleshooting of computer software problems in-person and via telephone, both in the field of computer software products; technical consultation, namely, specializing in the management of assets, business process and logistics for capital intensive industries including mining, utilities, transportation and government; technical support for computer systems, namely, troubleshooting of computer hardware and software problems in-person and via telephone, and technical management of computer systems used for the provision of fully web-enabled interface and support for collaborative and e-business processes; computer systems integration; computer software maintenance, customization and implementation; leasing computer software for use by third parties; software application hosting and integration services for others
FILING BASIS	Section 1(a)
FIRST USE ANYWHERE DATE	06/04/2001
FIRST USE IN COMMERCE DATE	10/31/2001
STATEMENT TYPE	The substitute specimen(s) was in use in commerce prior to expiration of the filing deadline for filing a Statement of Use (SOU).
SPECIMEN FILE NAME(S)	\\TICRS\EXPORT10\IMAGEOUT 10\760\576\76057617\xml2\ ROA0002.JPG
SPECIMEN DESCRIPTION	The specimen consists of an invoice for consulting services provided in connection with the Ellipse trademark. The recipient's name has been redacted so that the party's identity remains confidential. The information will be provided upon request.
FILING BASIS	Section 1(b)
SIGNATURE SECTION
DECLARATION SIGNATURE	/CYNTHIA R. SMITH/
SIGNATORY NAME	CYNTHIA R. SMITH
SIGNATORY POSITION	ATTORNEY
SIGNATURE DATE	05/06/2005
RESPONSE SIGNATURE	/Cynthia R. Smith/
SIGNATORY NAME	Cynthia R. Smith
SIGNATORY POSITION	Attorney
SIGNATURE DATE	05/06/2005
FILING INFORMATION SECTION
SUBMIT DATE	Fri May 06 13:41:20 EDT 2005
TEAS STAMP	USPTO/OA-XXXXXXXXX-200505 06134120370096-76057617-2 00f6ee58ad411265bf2190742 487e7dbc5-N-N-20050506133 959007533

Application serial no. 76057617 is 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 042 for Design and writing of computer software products for others; technical advice and support, namely, troubleshooting of computer software problems in-person and via telephone, both in the field of computer software products; technical consultation, namely, specializing in the management of assets, business process and logistics for capital intensive industries including mining, utilities, transportation and government; technical support for computer systems, namely, troubleshooting of computer hardware and software problems in-person and via telephone, and technical management of computer systems used for the provision of fully web-enabled interface and support for collaborative and e-business processes; computer systems integration; computer software maintenance, customization and implementation; leasing computer software for use by third parties; software application hosting and integration services for others
Original Filing Basis: 1(b); and/or 1(a).
Proposed: Class 042 for Design and writing of computer software products for others; technical advice and support, namely, troubleshooting of computer software problems in-person and via telephone, both in the field of computer software products; technical consultation, namely, specializing in the management of assets, business process and logistics for capital intensive industries including mining, utilities, transportation and government; technical support for computer systems, namely, troubleshooting of computer hardware and software problems in-person and via telephone, and technical management of computer systems used for the provision of fully web-enabled interface and support for collaborative and e-business processes; computer systems integration; computer software maintenance, customization and implementation; leasing computer software for use by third parties; software application hosting and integration services for others
Section 1(a), Use in Commerce: The mark was first used at least as early as 06/04/2001 and first used in commerce at least as early as 10/31/2001, and is now in use in such commerce.
Applicant hereby submits a specimen for Class 042.
The specimen(s) submitted consists of The specimen consists of an invoice for consulting services provided in connection with the Ellipse trademark. The recipient's name has been redacted so that the party's identity remains confidential. The information will be provided upon request. .
For an application based on 1(b), Intent-to-Use, "The substitute specimen(s) was in use in commerce prior to expiration of the filing deadline for filing a Statement of Use (SOU)."
Specimen-1

Declaration Signature
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: /CYNTHIA R. SMITH/ Date: 05/06/2005
Signatory's Name: CYNTHIA R. SMITH
Signatory's Position: ATTORNEY

Response Signature

Signature: /Cynthia R. Smith/ Date: 05/06/2005
Signatory's Name: Cynthia R. Smith
Signatory's Position: Attorney



Serial Number: 76057617
Internet Transmission Date: Fri May 06 13:41:20 EDT 2005
TEAS Stamp: USPTO/OA-XXXXXXXXX-20050506134120370096- 76057617-200f6ee58ad411265bf2190742487e7 dbc5-N-N-20050506133959007533

Response to Office Action

The table below presents the data as entered.

Response to Office Action

To the Commissioner for Trademarks: