PTO Form 1957 (Rev 5/2006) |
OMB No. 0651-0050 (Exp. 04/2009) |
Input Field |
Entered |
SERIAL NUMBER | 76385790 |
LAW OFFICE ASSIGNED | LAW OFFICE 114 |
MARK SECTION (no change) | |
ARGUMENT(S) | |
In response to the Office Action of February 13, 2006, in which the specimens previously submitted with Applicant’s Statement of Use for Class 37 have been found to be unacceptable as failing to show use of the mark for the Class 37 services, the Applicant respectfully submits that the specimens of record are sufficient. The Applicant respectfully requests reconsideration. Specifically, the specimens of record represent selected pages taken from the Applicant’s catalogue of products and services. For Class 37, the cover and contents pages of the catalogue showing the appearance of the Applicant’s mark were submitted, together with a selected page from within the catalogue (specifically, Class 37 specimen page 4) (sp_037d.jpg) the text of which describes the Applicant’s services as including “erection at site and plant commissioning.” The Applicant respectfully submits that this textual reference clearly concerns the Class 37 services of “erection of the aforesaid machines and plants…” and therefore, constitutes a satisfactory Class 37 specimen. For sake of completeness, the applicant is also submitting herewith an additional page from the very same catalog, on which the page is titled “Synthetic Fiber Plants…Neumag – the company” and in text states that the Applicant provides “complete turnkey plants” and “turnkey plants and processes, including:…total plant installation… .” A second specimen page, also from the same catalogue and entitled “MAC Turnkey Systems – Modular Assembly Concept (for NPT)” further explains in text that the turnkey plant systems provided include “supervision of erection and startup by a specially trained Neumag supervisor.” A third specimen page also from the same catalogue and entitled, “Services – General Services” includes in text a subheading “Plant Installation” which describes the Applicant’s equipment erection services. Since the additional specimen pages submitted herewith are taken from the identical catalogue as all of the specimens already submitted of record for Class 37, as well as service classes 40 and 42, it is submitted that it should be unnecessary that a further verification be submitted by the Applicant. Favorable reconsideration and passage of this application to registration are respectfully requested. |
|
GOODS AND/OR SERVICES SECTION (007)(no change) | |
GOODS AND/OR SERVICES SECTION (037)(current) | |
INTERNATIONAL CLASS | 037 |
DESCRIPTION | |
Installation, namely, erection of the aforesaid machines and plants composed of such machines, maintenance and repair of the aforesaid machines and plants composed of such machines, namely, spinning machinery and staple fiber plants | |
FIRST USE ANYWHERE DATE | At least as early as 10/19/1989 |
FIRST USE IN COMMERCE DATE | At least as early as 10/19/1989 |
FILING BASIS | Section 1(b) |
FILING BASIS | Section 44(e) |
GOODS AND/OR SERVICES SECTION (037)(proposed) | |
INTERNATIONAL CLASS | 037 |
DESCRIPTION | |
Installation, namely, erection of the aforesaid machines and plants composed of such machines, maintenance and repair of the aforesaid machines and plants composed of such machines, namely, spinning machinery and staple fiber plants | |
FILING BASIS | Section 1(a) |
FIRST USE ANYWHERE DATE | At least as early as 10/19/1989 |
FIRST USE IN COMMERCE DATE | At least as early as 10/19/1989 |
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\EXPORT7\IMAGEOUT7 \763\857\76385790\xml3\RO A0002.JPG |
\\TICRS\EXPORT7\IMAGEOUT7 \763\857\76385790\xml3\RO A0003.JPG | |
\\TICRS\EXPORT7\IMAGEOUT7 \763\857\76385790\xml3\RO A0004.JPG | |
\\TICRS\EXPORT7\IMAGEOUT7 \763\857\76385790\xml3\RO A0005.JPG | |
\\TICRS\EXPORT7\IMAGEOUT7 \763\857\76385790\xml3\RO A0006.JPG | |
SPECIMEN DESCRIPTION | digital photographic images of pages from Applicant's catalogue advertising and promoting the services identified by the mark |
FILING BASIS | Section 1(b) |
FILING BASIS | Section 44(e) |
GOODS AND/OR SERVICES SECTION (040)(no change) | |
GOODS AND/OR SERVICES SECTION (042)(no change) | |
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 | /Karl S. Sawyer, Jr./ |
SIGNATORY NAME | Karl S. Sawyer, Jr. |
SIGNATORY POSITION | Attorney for Applicant |
SIGNATURE DATE | 03/02/2006 |
FILING INFORMATION SECTION | |
SUBMIT DATE | Thu Mar 02 11:07:52 EST 2006 |
TEAS STAMP | USPTO/ROA-XXX.XX.XX.X-200 60302110752874854-7638579 0-320b737d0ccbfc44ab19884 fbdd5929b7-N/A-N/A-200603 02093613400736 |
PTO Form 1957 (Rev 5/2006) |
OMB No. 0651-0050 (Exp. 04/2009) |
In response to the Office Action of February 13, 2006, in which the specimens previously submitted with Applicant’s Statement of Use for Class 37 have been found to be unacceptable as failing to show use of the mark for the Class 37 services, the Applicant respectfully submits that the specimens of record are sufficient. The Applicant respectfully requests reconsideration.
Specifically, the specimens of record represent selected pages taken from the Applicant’s catalogue of products and services. For Class 37, the cover and contents pages of the catalogue showing the appearance of the Applicant’s mark were submitted, together with a selected page from within the catalogue (specifically, Class 37 specimen page 4) (sp_037d.jpg) the text of which describes the Applicant’s services as including “erection at site and plant commissioning.” The Applicant respectfully submits that this textual reference clearly concerns the Class 37 services of “erection of the aforesaid machines and plants…” and therefore, constitutes a satisfactory Class 37 specimen.
For sake of completeness, the applicant is also submitting herewith an additional page from the very same catalog, on which the page is titled “Synthetic Fiber Plants…Neumag – the company” and in text states that the Applicant provides “complete turnkey plants” and “turnkey plants and processes, including:…total plant installation… .” A second specimen page, also from the same catalogue and entitled “MAC Turnkey Systems – Modular Assembly Concept (for NPT)” further explains in text that the turnkey plant systems provided include “supervision of erection and startup by a specially trained Neumag supervisor.” A third specimen page also from the same catalogue and entitled, “Services – General Services” includes in text a subheading “Plant Installation” which describes the Applicant’s equipment erection services.
Since the additional specimen pages submitted herewith are taken from the identical catalogue as all of the specimens already submitted of record for Class 37, as well as service classes 40 and 42, it is submitted that it should be unnecessary that a further verification be submitted by the Applicant.
Favorable reconsideration and passage of this application to registration are respectfully requested.