TEAS Request Reconsideration after FOA

PTO Form (Rev 4/2000)

OMB No. 0651-.... (Exp. 08/31/2004)

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PTO Form (Rev 4/2000)

OMB No. 0651-.... (Exp. 08/31/2004)

Request for Reconsideration after Final Action

To the Commissioner for Trademarks:

Application serial no. 76460032 VALIFAST has been amended as follows:

ARGUMENT(S)
In response to the substantive refusal(s), please note the following:

In the Final Official Action, the examining attorney has rejected registration on the basis that the identification of goods is unacceptable as indefinite.  Applicant has submitted herewith amendments to the identification of goods, clarifying such indefiniteness. 

 

Further, Applicant respectfully requests that upon acceptance of the Priority Foreign Registration, the 1(b) basis be deleted.

 

Based on the amendment herewith, the application should be in condition for allowance, and such treatment is respectfully requested.

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 009 for SENSOR CALIBRATION EQUIPMENTS; THERMAL VALIDATION EQUIPMENTS; ELECTRIC, ELECTRONICAL AND THERMIC TESTING MACHINES, COMPUTER MONITORS, BLANK MAGNETIC DATA CARRIERS AND RECORDING DISCS; APPARATUS FOR THE RECORDING, TRANSMISSION OR REPRODUCTION OF SOUND OR IMAGES, NAMELY, DATALOGGER, DATA-ACQUISITION SYSTEM AND SOFTWARE; AND THERMAL VALIDATION REPORTING SOFTWARE
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)).

Filing Basis: Section 44(d), Priority based on foreign filing: Applicant has a bona fide intention to use the mark in commerce on or in connection with the identified goods and/or services, and asserts a claim of priority based on [Italy application number MI2002C00485 filed 05/14/2002]. 15 U.S.C.Section 1126(d), as amended.

Filing Basis: Section 44(e), Based on Foreign Registration: Applicant has a bona fide intention to use the mark in commerce on or in connection with the identified goods and /or services, and submits a copy of [ Italy registration number 0001003884 registered 04/14/2006 with a renewal date of __________ and an expiration date of 04/14/2022 ], and translation thereof, if appropriate. 15 U.S.C. Section 1126(e), as amended.

Proposed: Class 009 for SENSOR CALIBRATION UNITS; THERMAL VALIDATION UNITS; ELECTRIC, ELECTRONICAL AND THERMIC TESTING MACHINES, COMPUTER MONITORS, BLANK MAGNETIC DATA CARRIERS AND RECORDING DISCS; APPARATUS FOR THE RECORDING, TRANSMISSION OR REPRODUCTION OF SOUND OR IMAGES, NAMELY, DATALOGGER, DATA-ACQUISITION UNITS AND SOFTWARE; AND THERMAL VALIDATION REPORTING SOFTWARE
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)).

Filing Basis: Section 44(d), Priority based on foreign filing: Applicant has a bona fide intention to use the mark in commerce on or in connection with the identified goods and/or services, and asserts a claim of priority based on [Italy application number MI2002C00485 filed 05/14/2002]. 15 U.S.C.Section 1126(d), as amended.

Filing Basis: Section 44(e), Based on Foreign Registration: Applicant has a bona fide intention to use the mark in commerce on or in connection with the identified goods and /or services, and will submit a copy of [ Italy registration number 0001003884 registered 04/14/2006 with a renewal date of __________ and an expiration date of 04/14/2022 ], and translation thereof, if appropriate, before the application may proceed to registration. 15 U.S.C. Section 1126(e), as amended.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 040 for CUSTOM MANUFACTURE OF SENSOR CALIBRATION, THERMAL VALIDATION, MONITORS, ELECTRIC AND ELECTRONICAL AND THERMIC TESTING MACHINES; REPAIR AND INSTALLATIONS OF SENSOR CALIBRATION, THERMAL VALIDATION, MONITORS, ELECTRIC, ELECTRONICAL, THERMIC TESTING MACHINES
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)).

Based on Foreign Application: Applicant has a bona fide intention to use the mark in commerce on or in connection with the identified goods and/or services, and will submit a copy of a foreign registration, and translation thereof, if appropriate. 15 U. S.C. Section 1126(d), as amended.

Filing Basis: Section 44(e), Based on Foreign Registration: Applicant has a bona fide intention to use the mark in commerce on or in connection with the identified goods and /or services, and submits a copy of [__________ registration number __________ registered __________ with a renewal date of __________ and an expiration date of __________ ], and translation thereof, if appropriate. 15 U.S.C. Section 1126(e), as amended.

Proposed: Class 040 for CUSTOM MANUFACTURE OF SENSOR CALIBRATION, THERMAL VALIDATION, MONITORS, ELECTRIC AND ELECTRONICAL AND THERMIC TESTING MACHINES
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)).

Based on Foreign Application: Applicant has a bona fide intention to use the mark in commerce on or in connection with the identified goods and/or services, and will submit a copy of a foreign registration, and translation thereof, if appropriate. 15 U. S.C. Section 1126(d), as amended.

Filing Basis: Section 44(e), Based on Foreign Registration: Applicant has a bona fide intention to use the mark in commerce on or in connection with the identified goods and /or services, and will submit a copy of [__________ registration number __________ registered __________ with a renewal date of __________ and an expiration date of __________ ], and translation thereof, if appropriate, before the application may proceed to registration. 15 U.S.C. Section 1126(e), as amended.

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.
Request for Reconsideration Signature
Signature: /Monisha Deka/     Date: 01/09/2008
Signatory's Name: Monisha Deka
Signatory's Position: Attorney at Firm of Record

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.

The applicant is not filing a Notice of Appeal in conjunction with this Request for Reconsideration.

        
Serial Number: 76460032
Internet Transmission Date: Wed Jan 09 10:10:57 EST 2008
TEAS Stamp: USPTO/RFR-XXX.XXX.XX.XXX-200801091010579
47480-76460032-410b920f6cea8ddfc1ed731a8
2cd7ffaa-N/A-N/A-20080109094924083349