Response to Office Action

PTO Form 1957 (Rev 5/2006)

OMB No. 0651-0050 (Exp. 04/2009)

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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. 76559308 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 040 for custom manufacture of laminated tooling
Original Filing Basis: 1(b).
Proposed: Class 040 for custom manufacture of laminated tooling
New/Additional Basis:

Section 1(a), 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, 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 at least as early as 10/10/2005 and first used in commerce at least as early as 10/10/2005, and is now in use in such commerce.


Procedural Matters/Informalities
Applicant proposes to amend the following:
Original: FLOODCOOLING TECHNOLOGIES, L.L.C., a limited partnershiphaving an address of 100 BLOOMFIELD HILLS PARKWAY SUITE 195 BLOOMFIELD HILLS, Michigan US 48304.
Proposed: FLOODCOOLING TECHNOLOGIES, L.L.C., LIMITED LIABILITY CORPORATION organized under the laws of Michigan, comprising of Resident Agent: J Thomas Clark, having an address of 100 BLOOMFIELD HILLS PARKWAY SUITE 195 BLOOMFIELD HILLS, Michigan US 48304.


Additional Statements
Applicant submits this response as a timely response to the office action issued by the Examining Attorney. Applicant's counsel was not able to submit this response electronically on June 1, 2006 due to a TEAS server error. Applicant's counsel confirmed this problem with TEAS technical support, as well as Applicant's ability to submit a proper response on June 2, 2006 due to this technical malfunction. By way of this response, Applicant's counsel verifies that Applicant is a limited liability company and corrects the entry as a "limited partnership." Further, Applicant, thorough its counsel, submits a declaration confirming the date of first use anywhere of October 10, 2005. The Examining Attorney is invited to contact the undersigned should any further action or clarification be necessary to place this application in condition for allowance.

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: /mrm/      Date: 06/02/2006
Signatory's Name: Matthew R. Mowers
Signatory's Position: Attorney

Response Signature

Signature: /mrm/     Date: 06/02/2006
Signatory's Name: Matthew R. Mowers
Signatory's Position: Attorney
        
Serial Number: 76559308
Internet Transmission Date: Fri Jun 02 20:54:42 EDT 2006
TEAS Stamp: USPTO/ROA-XX.XX.XXX.XXX-2006060220544273
2529-76559308-33215ee3b2b6f5b405b3ad18e4
4bb11ebd-N/A-N/A-20060602201819931198