Response to Office Action

EBI

Employment Background Investigations, Inc.

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 76523560
MARK SECTION (no change)
OWNER SECTION (no change)
LEGAL ENTITY SECTION (no change)
GOODS AND/OR SERVICES SECTION (1st class)(class deleted)
INTERNATIONAL CLASS 042
DESCRIPTION
background reports and related services; psychological assessment testing and evaluation; detective agencies and investigations; and drug testing for substance abuse
FILING BASIS Section 1(a)
        FIRST USE ANYWHERE DATE 05/10/2001
        FIRST USE IN COMMERCE DATE 05/10/2001
GOODS AND/OR SERVICES SECTION (2nd class)(current)
INTERNATIONAL CLASS 045
DESCRIPTION
pre-employment screening and employment background reports and related services; psychological assessment testing and evaluation; detective agencies and investigations; and drug testing for substance abuse
FILING BASIS Section 1(a)
        FIRST USE ANYWHERE DATE 05/10/2001
        FIRST USE IN COMMERCE DATE 05/10/2001
GOODS AND/OR SERVICES SECTION (2nd class)(proposed)
INTERNATIONAL CLASS 045
DESCRIPTION
pre-employment screening and employment background investigation services
FILING BASIS Section 1(a)
        FIRST USE ANYWHERE DATE 05/10/2001
        FIRST USE IN COMMERCE DATE 05/10/2001
GOODS AND/OR SERVICES SECTION (3rd class)(class added)
INTERNATIONAL CLASS 044
DESCRIPTION drug testing for substance abuse
FILING BASIS Section 1(a)
        FIRST USE ANYWHERE DATE 05/10/2001
        FIRST USE IN COMMERCE DATE 05/10/2001
ADDITIONAL STATEMENTS SECTION
MISCELLANEOUS STATEMENT The mark does not, to our knowledge, have any significance in the relevant trade, geographical significance nor meaning in a foreign language.
SIGNATURE SECTION
SIGNATURE /Allan P. Hillman/
SIGNATORY NAME Allan P. Hillman
SIGNATORY POSITION Attorney
SIGNATORY DATE 04/01/2004
SIGNATURE /Allan P. Hillman/
SIGNATORY NAME Allan P. Hillman
SIGNATORY POSITION Attorney
SIGNATORY DATE 04/01/2004
FILING INFORMATION SECTION
SUBMIT DATE Thu Apr 01 10:39:25 EST 2004
TEAS STAMP USPTO/OA-XXXXXXX-20040401
103925322021-76523560-200
6519f3902fbae3f13e7d5ce92
d87ea33-N-N-2004040110380
1862118



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. 76523560 is amended as follows:    
        
Classification and Listing of Goods/Services
Applicant hereby deletes the following class of goods/services from the application.
Class 042 for background reports and related services; psychological assessment testing and evaluation; detective agencies and investigations; and drug testing for substance abuse
Applicant hereby amends the following class of goods/services in the application as follows:
Current: Class 045 for pre-employment screening and employment background reports and related services; psychological assessment testing and evaluation; detective agencies and investigations; and drug testing for substance abuse
Original Filing Basis: 1(a).
Proposed: Class 045 for pre-employment screening and employment background investigation services
        
Applicant hereby adds the following class of goods/services to the application:
New:
Class 044 for drug testing for substance abuse
        
Section 1(a), Use in Commerce: Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, or the applicant's predecessor in interest used the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used on 05/10/2001 and first used in commerce on 05/10/2001, and is now in use in such commerce.
 
Additional Statements
The mark does not, to our knowledge, have any significance in the relevant trade, geographical significance nor meaning in a foreign language.
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: /Allan P. Hillman/      Date: 04/01/2004
Signatory's Name: Allan P. Hillman
Signatory's Position: Attorney
        
Response Signature
        
Signature: /Allan P. Hillman/     Date: 04/01/2004
Signatory's Name: Allan P. Hillman
Signatory's Position: Attorney
        
        
        
Serial Number: 76523560
Internet Transmission Date: Thu Apr 01 10:39:25 EST 2004
TEAS Stamp: USPTO/OA-XXXXXXX-20040401103925322021-76
523560-2006519f3902fbae3f13e7d5ce92d87ea
33-N-N-20040401103801862118




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