Response to Office Action

DURABRAND

WAL-MART STORES, INC.

Response to Office Action

PTO Form 1957 (Rev 8/2005)
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 76559356
MARK SECTION (no change)
GOODS AND/OR SERVICES SECTION (1st class)(current)
INTERNATIONAL CLASS 009
DESCRIPTION
Consumer electronics; blank media including cds, videotapes, cassette tapes; cd storage; cd cases; telephones; shelf stereo systems; portable stereos; portable cd and cassette players; radios; clock radios; compact disc players; home theater systems; dvd players; video cassette records; televisions; portable dvd players; car stereos, radios and portable dvd players
FILING BASIS Section 1(b)
GOODS AND/OR SERVICES SECTION (1st class)(proposed)
INTERNATIONAL CLASS 009
DESCRIPTION
Blank media, namely, blank CDs, blank videotapes, blank cassette tapes; CD storage racks and wallets; CD cases; telephones; shelf stereo systems consisting of in whole or in part radio, CD and cassette players, and speakers; portable stereos; portable CD and cassette players; radios; clock radios; compact disc players; home theater systems consisting of in whole or in part television sets, VCR recorders and players, DVD recorders and players, audio speakers, and headphones; DVD players; video cassette recorders; televisions; portable DVD players; car stereos, radios and portable DVD players; electric irons; flat irons; steam irons.
FILING BASIS Section 1(b)
GOODS AND/OR SERVICES SECTION (2nd class)(current)
INTERNATIONAL CLASS 011
DESCRIPTION
Small consumer appliances; toasters; slow cookers; waffle irons; hand mixers; stand mixers; single burners; blenders; microwaves; electric skillets; can openers; coffee makers; irons
FILING BASIS Section 1(b)
GOODS AND/OR SERVICES SECTION (2nd class)(proposed)
INTERNATIONAL CLASS 011
DESCRIPTION
Small consumer appliances, namely, toasters; slow cookers; waffle irons; portable burners for cooking; microwaves; electric skillets; can openers; coffee makers.
FILING BASIS Section 1(b)
GOODS AND/OR SERVICES SECTION (3rd class)(class added)
INTERNATIONAL CLASS 007
DESCRIPTION Hand mixers; stand mixers; food blenders; can openers.
FILING BASIS Section 1(b)
PAYMENT SECTION
NUMBER OF CLASSES 1
FEE PER CLASS 325
TOTAL FEES DUE 325
SIGNATURE SECTION
DECLARATION SIGNATURE /sjj/
SIGNATORY NAME Stacey J. Johnson
SIGNATORY POSITION Senior Counsel
SIGNATURE DATE 09/07/2005
RESPONSE SIGNATURE /sjj/
SIGNATORY NAME Stacey J. Johnson
SIGNATORY POSITION Senior Counsel
SIGNATURE DATE 09/07/2005
FILING INFORMATION SECTION
SUBMIT DATE Wed Sep 07 15:04:17 EDT 2005
TEAS STAMP USPTO/OA-XXXXXXXXXXX-2005
0907150417176185-76559356
-2009039ee1ed3a41c549f22a
1d4539e789CC87-2005090714
3737260986



PTO Form 1957 (Rev 8/2005)
OMB Control #0651-0050 (Exp. 04/30/2006)

Response to Office Action


To the Commissioner for Trademarks:

Application serial no. 76559356 is 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 009 for Consumer electronics; blank media including cds, videotapes, cassette tapes; cd storage; cd cases; telephones; shelf stereo systems; portable stereos; portable cd and cassette players; radios; clock radios; compact disc players; home theater systems; dvd players; video cassette records; televisions; portable dvd players; car stereos, radios and portable dvd players
Original Filing Basis: 1(b).
Proposed: Class 009 for Blank media, namely, blank CDs, blank videotapes, blank cassette tapes; CD storage racks and wallets; CD cases; telephones; shelf stereo systems consisting of in whole or in part radio, CD and cassette players, and speakers; portable stereos; portable CD and cassette players; radios; clock radios; compact disc players; home theater systems consisting of in whole or in part television sets, VCR recorders and players, DVD recorders and players, audio speakers, and headphones; DVD players; video cassette recorders; televisions; portable DVD players; car stereos, radios and portable DVD players; electric irons; flat irons; steam irons.
Applicant hereby amends the following class of goods/services in the application as follows:
Current: Class 011 for Small consumer appliances; toasters; slow cookers; waffle irons; hand mixers; stand mixers; single burners; blenders; microwaves; electric skillets; can openers; coffee makers; irons
Original Filing Basis: 1(b).
Proposed: Class 011 for Small consumer appliances, namely, toasters; slow cookers; waffle irons; portable burners for cooking; microwaves; electric skillets; can openers; coffee makers.
        
Applicant hereby adds the following class of goods/services to the application:
New:
Class 007 for Hand mixers; stand mixers; food blenders; can openers.
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)).
        
Fees
Additional fee(s) in the amount of $325 is being submitted.
        
Declaration Signature
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. 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(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: /sjj/      Date: 09/07/2005
Signatory's Name: Stacey J. Johnson
Signatory's Position: Senior Counsel
        
Response Signature
        
Signature: /sjj/     Date: 09/07/2005
Signatory's Name: Stacey J. Johnson
Signatory's Position: Senior Counsel
        
        
        
RAM Sale Number: 87
RAM Accounting Date: 09/08/2005
        
Serial Number: 76559356
Internet Transmission Date: Wed Sep 07 15:04:17 EDT 2005
TEAS Stamp: USPTO/OA-XXXXXXXXXXX-2005090715041717618
5-76559356-2009039ee1ed3a41c549f22a1d453
9e789CC87-20050907143737260986



Response to Office Action [image/jpeg]


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