Response to Office Action

PTO Form 1957 (Rev 9/2005)

OMB No. 0651-0050 (Exp. 04/2009)

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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. 76258044 has been amended as follows:
Argument(s)
In response to the substantive refusal(s), please note the following:

In response to the Suspension Inquiry issued on June 5, 2006, Applicant attaches hereto a copy of the European Union Community Trademark Registration No. 002103919 for E-TEC.

Classification and Listing of Goods/Services

Applicant hereby amends the following class of goods/services in the application as follows:
Current: Class 037 for construction project management for three phase electrical power back-up systems, namely, a combination of uninterrupted power supply (ups), generators, switchgear DC systems, and cabling, such systems as used by banks, data centers, computer users, telecommunications service providers and factories to support critical equipment where the main power supply is disrupted through accidental power cuts, power shortages, low voltage situations and where planned maintenance is necessary
Original Filing Basis: 1(b); and 44(d).
Proposed: Class 037 for construction project management for three phase electrical power back-up systems, namely, a combination of uninterrupted power supply (ups), generators, switchgear DC systems, and cabling, such systems as used by banks, data centers, computer users, telecommunications service providers and factories to support critical equipment where the main power supply is disrupted through accidental power cuts, power shortages, low voltage situations and where planned maintenance is necessary
Filing Basis: 1(b); 44d; and 44(e)test.
New/Additional Basis:

Section 44(e) Based on Foreign Registration: Applicant has a bona fide intention to use the mark in commerce on or in connection with the identified goods and /or services, and submits a copy of [ Other registration number __________ registered __________ with a renewal date of __________ and an expiration date of __________ ], and translation thereof, if appropriate. 15 U.S.C. Section 1126(e), as amended.

Foreign Registration-1
Foreign Registration-2
Foreign Registration-3
Applicant hereby amends the following class of goods/services in the application as follows:
Current: Class 042 for development of new technology for others in the field of energy technology, namely, all aspects of design, specification, installation and maintenance relating to three phase electrical power back-up systems, namely, a combination of uninterrupted power supply (ups), generators, switchgear DC systems, and cabling, such systems as used by banks, data centers, computer users, telecommunications service providers and factories to support critical equipment where the main power supply is disrupted through accidental power cuts, power shortages, low voltage situations and where planned maintenance is necessary
Original Filing Basis: 1(b); and 44(d).
Proposed: Class 042 for development of new technology for others in the field of energy technology, namely, all aspects of design, specification, installation and maintenance relating to three phase electrical power back-up systems, namely, a combination of uninterrupted power supply (ups), generators, switchgear DC systems, and cabling, such systems as used by banks, data centers, computer users, telecommunications service providers and factories to support critical equipment where the main power supply is disrupted through accidental power cuts, power shortages, low voltage situations and where planned maintenance is necessary
Filing Basis: 1(b); 44d; and 44(e)test.
New/Additional Basis:

Section 44(e) Based on Foreign Registration: Applicant has a bona fide intention to use the mark in commerce on or in connection with the identified goods and /or services, and submits a copy of [__________ registration number __________ registered __________ with a renewal date of __________ and an expiration date of __________ ], and translation thereof, if appropriate. 15 U.S.C. Section 1126(e), as amended.

Foreign Registration-1
Foreign Registration-2
Foreign Registration-3

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: /J. Rodman Steele, Jr./      Date: 08/29/2006
Signatory's Name: J. Rodman Steele, Jr.
Signatory's Position: Attorney for Applicant

Response Signature
Signature: /J. Rodman Steele, Jr./     Date: 08/29/2006
Signatory's Name: J. Rodman Steele, Jr.
Signatory's Position: Attorney for Applicant
        
Serial Number: 76258044
Internet Transmission Date: Tue Aug 29 12:47:20 EDT 2006
TEAS Stamp: USPTO/ROA-XX.XX.XXX.XXX-2006082912472073
0362-76258044-3404956ac07caac57ca76ecbd3
cf7659-N/A-N/A-20060829123612320947