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. 76388906 has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 004 for Non-chemical motor oil additives; non-chemical gasoline additives; propane gas sold in tanks for home use; lighter fluid; refrigeration oils; process oils; refined petroleum base stocks; Naphtha kerosene; diesel fuel (low sulfur); motor oil; crude oil; agricultural oils; cutting oils; circulating oils; insulating oils; industrial oils, namely refrigeration oils; oils for use in compressors and turbines; industrial and automotive oils in the nature of process oils, turbo oils and heat transfer oils
Original Filing Basis:
Filing Basis: Section 1(b), Intent to Use: The applicant has 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. (15 U.S.C. Section 1051(b)).

Proposed: Class 004 for Non-chemical motor oil additives; non-chemical gasoline additives; propane gas sold in tanks for home use; lighter fluid; refrigeration oils; process oils; refined petroleum base stocks; Naphtha kerosene; diesel fuel (low sulfur); motor oil; crude oil; agricultural oils; cutting oils; circulating oils; industrial oils, namely refrigeration oils; oils for use in compressors and turbines; industrial and automotive oils in the nature of process oils, turbo oils and heat transfer oils
Filing Basis: Section 1(b), Intent to Use: The applicant has 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. (15 U.S.C. Section 1051(b)).

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 035 for Dealerships in the field of automotive service stations; retail tire stores; retail store services featuring automotive parts and accessories; franchising, namely offering technical assistance in the establishment and operation of retail gasoline supply services; retail gasoline supply services; retail store services featuring convenience store items and gasoline; retail convenience stores; promoting the sale of credit card accounts through the administration of incentive awards programs; promoting the sale of goods and services of others through the distribution of printed materials and promotional contests; providing in information about the trading of petroleum and petroleum products
Original Filing Basis:
Filing Basis: Section 1(b), Intent to Use: The applicant has 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. (15 U.S.C. Section 1051(b)).

Proposed: Class 035 for Retail tire stores; retail store services featuring automotive parts and accessories; franchising, namely offering technical assistance in the establishment and operation of retail gasoline supply services; retail gasoline supply services; retail store services featuring convenience store items and gasoline; retail convenience stores; promoting the sale of credit card accounts through the administration of incentive awards programs; promoting the sale of goods and services of others through the distribution of printed materials and promotional contests; providing in information about the trading of petroleum and petroleum products
Filing Basis: Section 1(b), Intent to Use: The applicant has 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. (15 U.S.C. Section 1051(b)).

Applicant hereby adds the following class of goods/services to the application:
New: Class 017 for insulating oils
Filing Basis: Section 1(b), Intent to Use: The applicant has 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. (15 U.S.C. Section 1051(b)).

FEE(S)
Fee(s) in the amount of $325 is being submitted.

SIGNATURE(S)
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: /David C. Lee/     Date: 02/12/2008
Signatory's Name: David C. Lee
Signatory's Position: Attorney for Applicant

The signatory has confirmed that he/she is an attorney who is a member in good standing of the bar of the highest court of a U.S. state, which includes the District of Columbia, Puerto Rico, and other federal territories and possessions; and he/she is currently the applicant's attorney or an associate thereof; and to the best of his/her knowledge, if prior to his/her appointment another U.S. attorney or a Canadian attorney/agent not currently associated with his/her company/firm previously represented the applicant in this matter: (1) the applicant has filed or is concurrently filing a signed revocation of or substitute power of attorney with the USPTO; (2) the USPTO has granted the request of the prior representative to withdraw; (3) the applicant has filed a power of attorney appointing him/her in this matter; or (4) the applicant's appointed U.S. attorney or Canadian attorney/agent has filed a power of attorney appointing him/her as an associate attorney in this matter.

        
RAM Sale Number: 1942
RAM Accounting Date: 02/13/2008
        
Serial Number: 76388906
Internet Transmission Date: Tue Feb 12 16:59:44 EST 2008
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XX-2008021216594473
3207-76388906-41039e4836488102d64e28930b
9ff9a25f9-DA-1942-20080212165249048325