| PTO Form 1966 (Rev 9/2002) |
| OMB Control #0651-0050 (Exp. 04/30/2006) |
| Input Field |
Entered |
| SERIAL NUMBER | 76452386 |
| MARK SECTION (no change) | |
| ARGUMENT(S) | |
| This is in response to the office action dated March 9, 2004. Dates of Use. Applicant seeks registration of the mark ENGINE EXPRESS in international classes 07, 012, and 039. The examining attorney requested clarification as to the dates of first used in commerce for each class. Applicant submits that the dates of first use anywhere and the dates of first use in commerce for classes 07, 012, and 039 are all 12/31/2002 respectively. Mark is Merely Descriptive. The Examining Attorney refused registration of the ENGINE EXPRESS mark for delivery services in class 039 as being merely descriptive. The rejection applied only to the mark for class 039 and not for classes 07 and 012. Applicant wishes to amend the application for mark in class 039 to have the mark placed on the supplemental register consistent with TMEP Section 816.4 and 37 C.F.R. Section 2.75. The mark should remain on the principal register with regard to classes 07 and 012. Based on the foregoing, Applicant respectfully requests allowance of the ENGINE EXPRESS mark for classes 07 and 012 on the principal register. | |
| ADDITIONAL STATEMENTS SECTION | |
| MISCELLANEOUS STATEMENT | Please amend this application to the Supplemental Register only for the mark in association with the services listed in International Class 039. The mark should remain on the Principal Register for those goods listed in International Classes 07 and 012. |
| SIGNATURE SECTION | |
| SIGNATURE | /John P. Seurynck/ |
| SIGNATORY NAME | John P. Seurynck |
| SIGNATORY POSITION | Attorney |
| SIGNATORY DATE | 03/31/2004 |
| SIGNATURE | /John P. Seurynck/ |
| SIGNATORY NAME | John P. Seurynck |
| SIGNATORY POSITION | Attorney |
| SIGNATORY DATE | 03/31/2004 |
| FILING INFORMATION SECTION | |
| SUBMIT DATE | Wed Mar 31 18:07:57 EST 2004 |
| TEAS STAMP | USPTO/OA-XXXXXXXXX-200403 31180757502140-76452386-2 0033f139e93fe2ea1e8e3e2ea 1dc3080dd-N-N-20040331180 543994746 |
| PTO Form 1966 (Rev 9/2002) |
| OMB Control #0651-0050 (Exp. 04/30/2006) |
| Application serial no. 76452386 is amended as follows: | |
| Argument(s) | |
| In response to the substantive refusal(s), please note the following: | |
| This is in response to the office action dated March 9, 2004. Dates of Use. Applicant seeks registration of the mark ENGINE EXPRESS in international classes 07, 012, and 039. The examining attorney requested clarification as to the dates of first used in commerce for each class. Applicant submits that the dates of first use anywhere and the dates of first use in commerce for classes 07, 012, and 039 are all 12/31/2002 respectively. Mark is Merely Descriptive. The Examining Attorney refused registration of the ENGINE EXPRESS mark for delivery services in class 039 as being merely descriptive. The rejection applied only to the mark for class 039 and not for classes 07 and 012. Applicant wishes to amend the application for mark in class 039 to have the mark placed on the supplemental register consistent with TMEP Section 816.4 and 37 C.F.R. Section 2.75. The mark should remain on the principal register with regard to classes 07 and 012. Based on the foregoing, Applicant respectfully requests allowance of the ENGINE EXPRESS mark for classes 07 and 012 on the principal register. | |
| Additional Statements | |
| Please amend this application to the Supplemental Register only for the mark in association with the services listed in International Class 039. The mark should remain on the Principal Register for those goods listed in International Classes 07 and 012. | |
| Declaration Signature |
|
| 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. Section 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 amendment/response on behalf of the applicant; he/she believes the applicant to be the owner of the trademark/service mark sought to be registered, and that the mark is in use in commerce, and was in use in commerce on the application filing date, on or in connection with the goods and/or services listed in the application; or, if the application is being filed under 15 U.S.C. Section 1051(b), 1126(d) or 1126(e), he/she believes applicant to be entitled to use such mark in commerce, and that the applicant has a bona fide intention, and had a bona fide intention on the application filing date, to use the mark in commerce on or in connection with the goods and/or services listed in the application; 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 and/or services of such other person, to cause confusion, or to cause mistake, or to deceive; and that all statements made of his/her own knowledge are true; and that all statements made on information and belief are believed to be true as set forth within the original application and/or the submitted amendment/response. | |
| Signature: /John P. Seurynck/ Date: 03/31/2004 | |
| Signatory's Name: John P. Seurynck | |
| Signatory's Position: Attorney | |
| Response Signature | |
| Signature: /John P. Seurynck/ Date: 03/31/2004 | |
| Signatory's Name: John P. Seurynck | |
| Signatory's Position: Attorney | |
| Serial Number: 76452386 | |
| Internet Transmission Date: Wed Mar 31 18:07:57 EST 2004 | |
| TEAS Stamp: USPTO/OA-XXXXXXXXX-20040331180757502140- 76452386-20033f139e93fe2ea1e8e3e2ea1dc30 80dd-N-N-20040331180543994746 |