Response to Office Action

ORANGE

ORANGE BRAND SERVICES, LTD.

Response to Office Action

PTO Form 1957 (Rev 5/2006)
OMB No. 0651-0050 (Exp. 04/2009)

Response to Office Action


The table below presents the data as entered.

Input Field
Entered
SERIAL NUMBER 76319769
LAW OFFICE ASSIGNED LAW OFFICE 109
MARK SECTION (no change)
GOODS AND/OR SERVICES SECTION (009)(current)
INTERNATIONAL CLASS 009
DESCRIPTION
Protective helmets for cyclists, football helmets and protective headgear designed for or used in connection with contact sports, sports where collisions or falls are likely or other sporting activities where there is a risk of injury to the head; not including such goods colored orange
FILING BASIS Section 1(b)
FILING BASIS Section 44(e)
        FOREIGN REGISTRATION NUMBER 2276492
        FOREIGN REGISTRATION COUNTRY GB
        FOREIGN REGISTRATION DATE 05/16/2003
        FOREIGN EXPIRATION DATE 07/28/2011
GOODS AND/OR SERVICES SECTION (009)(proposed)
INTERNATIONAL CLASS 009
DESCRIPTION
Protective helmets for cyclists, football helmets and protective headgear designed for or used in connection with contact sports, sports where collisions or falls are likely or other sporting activities where there is a risk of injury to the head; not including such goods colored orange
FILING BASIS Section 1(b)
GOODS AND/OR SERVICES SECTION (012)(current)
INTERNATIONAL CLASS 012
DESCRIPTION
Bicycles, tricycles, mono cycles, and parts thereof; boats and water vehicles, namely, canoes, kayaks, row boats, steam boats, sail boats, and parts thereof; vehicular balloons and other air vehicles, namely, gliders, and parts thereof; supermarket wagons, baby strollers, baby carriages, sleighs, wheelbarrows, shopping carts, horse drawn carriages, cargo trailers to be pulled by bicycles, cargo trailers for transporting vehicles, wheelchairs, and parts thereof; adhesive rubber patches for repairing tubes/tires; anti theft devices for bicycles and other vehicles, namely alarms, steering locks; parachutes; not including such goods colored orange
FILING BASIS Section 1(b)
FILING BASIS Section 44(e)
GOODS AND/OR SERVICES SECTION (012)(proposed)
INTERNATIONAL CLASS 012
DESCRIPTION
Bicycles, tricycles, mono cycles, and parts thereof; boats and water vehicles, namely, canoes, kayaks, row boats, steam boats, sail boats, and parts thereof; vehicular balloons and other air vehicles, namely, gliders, and parts thereof; supermarket wagons, baby strollers, baby carriages, sleighs, wheelbarrows, shopping carts, horse drawn carriages, cargo trailers to be pulled by bicycles, cargo trailers for transporting vehicles, wheelchairs, and parts thereof; adhesive rubber patches for repairing tubes/tires; anti theft devices for bicycles and other vehicles, namely alarms, steering locks; parachutes; not including such goods colored orange
FILING BASIS Section 1(b)
GOODS AND/OR SERVICES SECTION (025)(current)
INTERNATIONAL CLASS 025
DESCRIPTION
Hats; ties; t-shirts; sweat shirts; polo shirts; golf shirts; night shirts; knit shirts; gym shorts; sweat shorts; fleece jackets; wind resistant jackets; leather jackets; long sleeve sweatshirts; shirts; baseball caps; head bands; head wear; rain coats; belts; footwear; cyclist's clothing, namely shorts, pants, vests, sweaters, hats; jackets; waterproof clothing, namely jackets, coats, hats; shorts; sports jerseys; sports shoes; wristbands; footwear; parts for all the aforesaid goods; not including such goods colored orange
FILING BASIS Section 1(b)
FILING BASIS Section 44(e)
GOODS AND/OR SERVICES SECTION (025)(proposed)
INTERNATIONAL CLASS 025
DESCRIPTION
Hats; ties; t-shirts; sweat shirts; polo shirts; golf shirts; night shirts; knit shirts; gym shorts; sweat shorts; fleece jackets; wind resistant jackets; leather jackets; long sleeve sweatshirts; shirts; baseball caps; head bands; head wear; rain coats; belts; footwear; cyclist's clothing, namely shorts, pants, vests, sweaters, hats; jackets; waterproof clothing, namely jackets, coats, hats; shorts; sports jerseys; sports shoes; wristbands; footwear; not including such goods colored orange
FILING BASIS Section 1(b)
GOODS AND/OR SERVICES SECTION (028)(current)
INTERNATIONAL CLASS 028
DESCRIPTION
Stand alone video game machines; promotional game materials; game tables; board games; card games; hand held unit for playing electronic games; manipulative games; parlor games; pinball type games; electric action toys; stand alone video output games; balls of all kinds; gymnastic apparatus; gymnastic training stools; baseball bats; cricket bats; tennis rackets; ice hockey sticks and pucks; snowboards; sail boards; parts of the aforesaid goods; motorized surfboards; and parts thereof; not including such goods colored orange
FILING BASIS Section 1(b)
FILING BASIS Section 44(e)
GOODS AND/OR SERVICES SECTION (028)(proposed)
INTERNATIONAL CLASS 028
DESCRIPTION
Stand alone video game machines; promotional game materials; game tables; board games; card games; hand held unit for playing electronic games; manipulative games; parlor games; pinball type games; electric action toys; stand alone video output games; balls of all kinds; gymnastic apparatus; gymnastic training stools; baseball bats; cricket bats; tennis rackets; ice hockey sticks and pucks; snowboards; sail boards; parts of the aforesaid goods; motorized surfboards; and parts thereof; not including such goods colored orange
FILING BASIS Section 1(b)
ADDITIONAL STATEMENTS SECTION
MISCELLANEOUS STATEMENT Applicant is complying with the Examining Attorney's request (in an Office Action dated November 7, 2005) to amend the description of goods in Class 25 by deleting the wording "parts for all the aforesaid goods." Applicant is also deleting the 44(e) basis in each class. This amendment was authorized in an Examiner's Amendment dated September 9, 2005 but was not reflected in the record for the application.
SIGNATURE SECTION
DECLARATION SIGNATURE The filing Attorney has elected not to submit the signed declaration, believing no supporting declaration is required under the Trademark Rules of Practice.
RESPONSE SIGNATURE /Dickerson M. Downing/
SIGNATORY NAME Dickerson M. Downing
SIGNATORY POSITION Attorney for Applicant
SIGNATURE DATE 04/25/2006
FILING INFORMATION SECTION
SUBMIT DATE Tue Apr 25 11:25:07 EDT 2006
TEAS STAMP USPTO/ROA-XXX.XXX.XXX.X-2
0060425112507329826-76319
769-3207518079589e47c3c5d
71a1376bb8f-N/A-N/A-20060
425110619985238



PTO Form 1957 (Rev 5/2006)
OMB No. 0651-0050 (Exp. 04/2009)

Response to Office Action


To the Commissioner for Trademarks:


Application serial no. 76319769 has been 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 009 for Protective helmets for cyclists, football helmets and protective headgear designed for or used in connection with contact sports, sports where collisions or falls are likely or other sporting activities where there is a risk of injury to the head; not including such goods colored orange
Original Filing Basis: 1(b); and/or 44(e).
Proposed: Class 009 for Protective helmets for cyclists, football helmets and protective headgear designed for or used in connection with contact sports, sports where collisions or falls are likely or other sporting activities where there is a risk of injury to the head; not including such goods colored orange
Deleted Filing Basis: 44(e)
Applicant hereby amends the following class of goods/services in the application as follows:
Current: Class 012 for Bicycles, tricycles, mono cycles, and parts thereof; boats and water vehicles, namely, canoes, kayaks, row boats, steam boats, sail boats, and parts thereof; vehicular balloons and other air vehicles, namely, gliders, and parts thereof; supermarket wagons, baby strollers, baby carriages, sleighs, wheelbarrows, shopping carts, horse drawn carriages, cargo trailers to be pulled by bicycles, cargo trailers for transporting vehicles, wheelchairs, and parts thereof; adhesive rubber patches for repairing tubes/tires; anti theft devices for bicycles and other vehicles, namely alarms, steering locks; parachutes; not including such goods colored orange
Original Filing Basis: 1(b); and/or 44(e).
Proposed: Class 012 for Bicycles, tricycles, mono cycles, and parts thereof; boats and water vehicles, namely, canoes, kayaks, row boats, steam boats, sail boats, and parts thereof; vehicular balloons and other air vehicles, namely, gliders, and parts thereof; supermarket wagons, baby strollers, baby carriages, sleighs, wheelbarrows, shopping carts, horse drawn carriages, cargo trailers to be pulled by bicycles, cargo trailers for transporting vehicles, wheelchairs, and parts thereof; adhesive rubber patches for repairing tubes/tires; anti theft devices for bicycles and other vehicles, namely alarms, steering locks; parachutes; not including such goods colored orange
Deleted Filing Basis: 44(e)
Applicant hereby amends the following class of goods/services in the application as follows:
Current: Class 025 for Hats; ties; t-shirts; sweat shirts; polo shirts; golf shirts; night shirts; knit shirts; gym shorts; sweat shorts; fleece jackets; wind resistant jackets; leather jackets; long sleeve sweatshirts; shirts; baseball caps; head bands; head wear; rain coats; belts; footwear; cyclist's clothing, namely shorts, pants, vests, sweaters, hats; jackets; waterproof clothing, namely jackets, coats, hats; shorts; sports jerseys; sports shoes; wristbands; footwear; parts for all the aforesaid goods; not including such goods colored orange
Original Filing Basis: 1(b); and/or 44(e).
Proposed: Class 025 for Hats; ties; t-shirts; sweat shirts; polo shirts; golf shirts; night shirts; knit shirts; gym shorts; sweat shorts; fleece jackets; wind resistant jackets; leather jackets; long sleeve sweatshirts; shirts; baseball caps; head bands; head wear; rain coats; belts; footwear; cyclist's clothing, namely shorts, pants, vests, sweaters, hats; jackets; waterproof clothing, namely jackets, coats, hats; shorts; sports jerseys; sports shoes; wristbands; footwear; not including such goods colored orange
Deleted Filing Basis: 44(e)
Applicant hereby amends the following class of goods/services in the application as follows:
Current: Class 028 for Stand alone video game machines; promotional game materials; game tables; board games; card games; hand held unit for playing electronic games; manipulative games; parlor games; pinball type games; electric action toys; stand alone video output games; balls of all kinds; gymnastic apparatus; gymnastic training stools; baseball bats; cricket bats; tennis rackets; ice hockey sticks and pucks; snowboards; sail boards; parts of the aforesaid goods; motorized surfboards; and parts thereof; not including such goods colored orange
Original Filing Basis: 1(b); and/or 44(e).
Proposed: Class 028 for Stand alone video game machines; promotional game materials; game tables; board games; card games; hand held unit for playing electronic games; manipulative games; parlor games; pinball type games; electric action toys; stand alone video output games; balls of all kinds; gymnastic apparatus; gymnastic training stools; baseball bats; cricket bats; tennis rackets; ice hockey sticks and pucks; snowboards; sail boards; parts of the aforesaid goods; motorized surfboards; and parts thereof; not including such goods colored orange
Deleted Filing Basis: 44(e)

Additional Statements
Applicant is complying with the Examining Attorney's request (in an Office Action dated November 7, 2005) to amend the description of goods in Class 25 by deleting the wording "parts for all the aforesaid goods." Applicant is also deleting the 44(e) basis in each class. This amendment was authorized in an Examiner's Amendment dated September 9, 2005 but was not reflected in the record for the application.

Declaration Signature
I hereby elect to bypass the submission of a signed declaration, because I believe a declaration is not required by the rules of practice. I understand that the examining attorney could still, upon later review, require a signed declaration.
Response Signature

Signature: /Dickerson M. Downing/     Date: 04/25/2006
Signatory's Name: Dickerson M. Downing
Signatory's Position: Attorney for Applicant
        
Serial Number: 76319769
Internet Transmission Date: Tue Apr 25 11:25:07 EDT 2006
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.X-2006042511250732
9826-76319769-3207518079589e47c3c5d71a13
76bb8f-N/A-N/A-20060425110619985238



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