Response to Office Action

VOLARIS

KM Management LLC

Response to Office Action

PTO Form 1966 (Rev 9/2002)
OMB Control #0651-0050 (Exp. 04/30/2006)

Response to Office Action


The table below presents the data as entered.

Input Field
Entered
SERIAL NUMBER 76397738
MARK SECTION (no change)
ARGUMENT(S)
Applicant has responded to the rejection concerning the description of goods and services by removing computer consultation from the services listed. Applicant submits that the specimen filed with the application clearly demonstrated the use of the mark in connection with a software application that analyzes and manages investments and that is made available on a temporary basis on-line. Applicant assumes that the Examining Attorney's concerns with respect to the specimen concerned the computer consultation goods and services and that the amendment also resolves the Examining Attorneys' concerns regarding the specimen. If this assumption is in error, the Examining Attorney should not hesitate to contact the undersigned.
GOODS AND/OR SERVICES SECTION (current)
INTERNATIONAL CLASS 042
DESCRIPTION
PROVIDING TEMPORARY USE OF AN ON-LINE NONDOWNLOADABLE SOFTWARE APPLICATION THAT ANALYZES AND MANAGES INVESTMENTS AND COMPUTER CONSULTATION IN THE FIELDS OF FINANCIAL, INVESTMENT AND RISK MANAGEMENT ANALYSIS
FILING BASIS Section 1(a)
        FIRST USE ANYWHERE DATE 02/19/2002
        FIRST USE IN COMMERCE DATE 02/19/2002
GOODS AND/OR SERVICES SECTION (proposed)
INTERNATIONAL CLASS 042
DESCRIPTION
PROVIDING TEMPORARY USE OF AN ON-LINE NONDOWNLOADABLE SOFTWARE APPLICATION THAT ANALYZES AND MANAGES INVESTMENTS
FILING BASIS Section 1(a)
        FIRST USE ANYWHERE DATE 02/19/2002
        FIRST USE IN COMMERCE DATE 02/19/2002
SIGNATURE SECTION
SIGNATURE /mww/
SIGNATORY NAME Matthew W. Walch
SIGNATORY POSITION Attorney for Applicant
SIGNATORY DATE 11/28/2003
FILING INFORMATION SECTION
SUBMIT DATE Fri Nov 28 21:26:12 EST 2003
TEAS STAMP USPTO/OA-XXXXXXXXXXX-2003
1128212612307038-76397738
-2003c90418dd27f782698592
7858de55920-N-N-200311282
12543149232



PTO Form 1966 (Rev 9/2002)
OMB Control #0651-0050 (Exp. 04/30/2006)

Response to Office Action


To the Commissioner for Trademarks:

Application serial no. 76397738 is amended as follows:    
        
Argument(s)
In response to the substantive refusal(s), please note the following:
Applicant has responded to the rejection concerning the description of goods and services by removing computer consultation from the services listed. Applicant submits that the specimen filed with the application clearly demonstrated the use of the mark in connection with a software application that analyzes and manages investments and that is made available on a temporary basis on-line. Applicant assumes that the Examining Attorney's concerns with respect to the specimen concerned the computer consultation goods and services and that the amendment also resolves the Examining Attorneys' concerns regarding the specimen. If this assumption is in error, the Examining Attorney should not hesitate to contact the undersigned.
        
Classification and Listing of Goods/Services
Applicant hereby amends the following class of goods/services in the application as follows:
Current: Class 042 for PROVIDING TEMPORARY USE OF AN ON-LINE NONDOWNLOADABLE SOFTWARE APPLICATION THAT ANALYZES AND MANAGES INVESTMENTS AND COMPUTER CONSULTATION IN THE FIELDS OF FINANCIAL, INVESTMENT AND RISK MANAGEMENT ANALYSIS
Original Filing Basis: 1(a).
Proposed: Class 042 for PROVIDING TEMPORARY USE OF AN ON-LINE NONDOWNLOADABLE SOFTWARE APPLICATION THAT ANALYZES AND MANAGES INVESTMENTS
        
Response Signature
        
Signature: /mww/     Date: 11/28/2003
Signatory's Name: Matthew W. Walch
Signatory's Position: Attorney for Applicant
        
        
        
Serial Number: 76397738
Internet Transmission Date: Fri Nov 28 21:26:12 EST 2003
TEAS Stamp: USPTO/OA-XXXXXXXXXXX-2003112821261230703
8-76397738-2003c90418dd27f7826985927858d
e55920-N-N-20031128212543149232




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