Response to Office Action

M-K-T KATY RAILROAD

Union Pacific Railroad Company

Response to Office Action

PTO Form 1957 (Rev 5/2006)
OMB No. 0651-0050 (Exp. 04/2009)

Response to Office Action


The table below presents the data as entered.

Input Field
Entered
SERIAL NUMBER 76479699
LAW OFFICE ASSIGNED LAW OFFICE 101
MARK SECTION (no change)
GOODS AND/OR SERVICES SECTION (014)(current)
INTERNATIONAL CLASS 014
DESCRIPTION ornamental pins (Section 1(a)); watches (Section 1(b))
FILING BASIS Section 1(a)
        FIRST USE ANYWHERE DATE At least as early as 00/00/1950
        FIRST USE IN COMMERCE DATE At least as early as 00/00/1950
FILING BASIS Section 1(b)
GOODS AND/OR SERVICES SECTION (014)(proposed)
INTERNATIONAL CLASS 014
DESCRIPTION ornamental pins
FILING BASIS Section 1(a)
        FIRST USE ANYWHERE DATE At least as early as 00/00/1950
        FIRST USE IN COMMERCE DATE At least as early as 00/00/1950
GOODS AND/OR SERVICES SECTION (016)(current)
INTERNATIONAL CLASS 016
DESCRIPTION pens (Section 1(a)); calendars (Section 1(b))
FILING BASIS Section 1(a)
        FIRST USE ANYWHERE DATE At least as early as 00/00/1905
        FIRST USE IN COMMERCE DATE At least as early as 00/00/1905
FILING BASIS Section 1(b)
GOODS AND/OR SERVICES SECTION (016)(proposed)
INTERNATIONAL CLASS 016
DESCRIPTION pens
FILING BASIS Section 1(a)
        FIRST USE ANYWHERE DATE At least as early as 00/00/1905
        FIRST USE IN COMMERCE DATE At least as early as 00/00/1905
GOODS AND/OR SERVICES SECTION (021)(current)
INTERNATIONAL CLASS 021
DESCRIPTION mugs, cups (Section 1(a)); plates (Section 1(b))
FILING BASIS Section 1(a)
        FIRST USE ANYWHERE DATE At least as early as 00/00/1995
        FIRST USE IN COMMERCE DATE At least as early as 00/00/1995
FILING BASIS Section 1(b)
GOODS AND/OR SERVICES SECTION (021)(proposed)
INTERNATIONAL CLASS 021
DESCRIPTION mugs, cups
FILING BASIS Section 1(a)
        FIRST USE ANYWHERE DATE At least as early as 00/00/1995
        FIRST USE IN COMMERCE DATE At least as early as 00/00/1995
GOODS AND/OR SERVICES SECTION (025)(current)
INTERNATIONAL CLASS 025
DESCRIPTION hats and t-shirts
FILING BASIS Section 1(a)
        FIRST USE ANYWHERE DATE At least as early as 00/00/1995
        FIRST USE IN COMMERCE DATE At least as early as 00/00/1995
FILING BASIS Section 1(b)
GOODS AND/OR SERVICES SECTION (025)(proposed)
INTERNATIONAL CLASS 025
DESCRIPTION hats and t-shirts
FILING BASIS Section 1(a)
        FIRST USE ANYWHERE DATE At least as early as 00/00/1995
        FIRST USE IN COMMERCE DATE At least as early as 00/00/1995
GOODS AND/OR SERVICES SECTION (028)(current)
INTERNATIONAL CLASS 028
DESCRIPTION
playing balls, playing cards (Section 1(a)); model train sets (Section 1(b))
FILING BASIS Section 1(a)
        FIRST USE ANYWHERE DATE At least as early as 00/00/1905
        FIRST USE IN COMMERCE DATE At least as early as 00/00/1905
FILING BASIS Section 1(b)
GOODS AND/OR SERVICES SECTION (028)(proposed)
INTERNATIONAL CLASS 028
DESCRIPTION playing balls, playing cards
FILING BASIS Section 1(a)
        FIRST USE ANYWHERE DATE At least as early as 00/00/1905
        FIRST USE IN COMMERCE DATE At least as early as 00/00/1905
SIGNATURE SECTION
DECLARATION SIGNATURE /Denise C. Mazour/
SIGNATORY NAME Denise C. Mazour
SIGNATORY POSITION Attorney
SIGNATURE DATE 07/10/2006
RESPONSE SIGNATURE /Denise C. Mazour/
SIGNATORY NAME Denise C. Mazour
SIGNATORY POSITION Attorney
SIGNATURE DATE 07/10/2006
FILING INFORMATION SECTION
SUBMIT DATE Mon Jul 10 12:25:15 EDT 2006
TEAS STAMP USPTO/ROA-XX.XXX.XX.XXX-2
0060710122515898813-76479
699-3326ce11d87d904c8faa7
c683ec8a7e196-N/A-N/A-200
60710121916271696



PTO Form 1957 (Rev 5/2006)
OMB No. 0651-0050 (Exp. 04/2009)

Response to Office Action


To the Commissioner for Trademarks:


Application serial no. 76479699 has been amended as follows:
Classification and Listing of Goods/Services

Applicant hereby amends the following class of goods/services in the application as follows:
Current: Class 014 for ornamental pins (Section 1(a)); watches (Section 1(b))
Original Filing Basis: 1(b); and/or 1(a).
Proposed: Class 014 for ornamental pins
Deleted Filing Basis: 1(b)
Applicant hereby amends the following class of goods/services in the application as follows:
Current: Class 016 for pens (Section 1(a)); calendars (Section 1(b))
Original Filing Basis: 1(b); and/or 1(a).
Proposed: Class 016 for pens
Deleted Filing Basis: 1(b)
Applicant hereby amends the following class of goods/services in the application as follows:
Current: Class 021 for mugs, cups (Section 1(a)); plates (Section 1(b))
Original Filing Basis: 1(b); and/or 1(a).
Proposed: Class 021 for mugs, cups
Deleted Filing Basis: 1(b)
Applicant hereby amends the following class of goods/services in the application as follows:
Current: Class 025 for hats and t-shirts
Original Filing Basis: 1(b); and/or 1(a).
Proposed: Class 025 for hats and t-shirts
Deleted Filing Basis: 1(b)
Applicant hereby amends the following class of goods/services in the application as follows:
Current: Class 028 for playing balls, playing cards (Section 1(a)); model train sets (Section 1(b))
Original Filing Basis: 1(b); and/or 1(a).
Proposed: Class 028 for playing balls, playing cards
Deleted Filing Basis: 1(b)

Declaration Signature
If the applicant is seeking registration under Section 1(b) and/or Section 44 of the Trademark Act, the applicant had 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. 37 C.F.R. Secs. 2.34(a)(2)(i); 2.34 (a)(3)(i); and 2.34(a)(4)(ii). If the applicant is seeking registration under Section 1(a) of the Trademark Act, the mark was in use in commerce on or in connection with the goods or services listed in the application as of the application filing date. 37 C.F.R. Secs. 2.34(a)(1)(i). 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. §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 application on behalf of the applicant; he/she believes the applicant to be the owner of the trademark/service mark sought to be registered, or, if the application is being filed under 15 U.S.C. §1051(b), he/she believes applicant to be entitled to use such mark in commerce; 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/services of such other person, to cause confusion, or to cause mistake, or to deceive; that if the original application was submitted unsigned, that all statements in the original application and this submission made of the declaration signer's knowledge are true; and all statements in the original application and this submission made on information and belief are believed to be true.

Signature: /Denise C. Mazour/      Date: 07/10/2006
Signatory's Name: Denise C. Mazour
Signatory's Position: Attorney

Response Signature

Signature: /Denise C. Mazour/     Date: 07/10/2006
Signatory's Name: Denise C. Mazour
Signatory's Position: Attorney
        
Serial Number: 76479699
Internet Transmission Date: Mon Jul 10 12:25:15 EDT 2006
TEAS Stamp: USPTO/ROA-XX.XXX.XX.XXX-2006071012251589
8813-76479699-3326ce11d87d904c8faa7c683e
c8a7e196-N/A-N/A-20060710121916271696



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