Response to Office Action

YOGATRON

YOGA ELECTRONICS CO., LTD.

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 76601434
MARK SECTION (no change)
GOODS AND/OR SERVICES SECTION (current)
INTERNATIONAL CLASS 009
DESCRIPTION
Electric instruments, namely, apparatus for recording, transmission or reproduction of sound or image, data processing equipment and computers, microphones, earphones, television sets, video and audio machine, record players, antenna, amplifiers, boosters and converters
FILING BASIS Section 1(b)
GOODS AND/OR SERVICES SECTION (proposed)
INTERNATIONAL CLASS 009
DESCRIPTION
Electric instruments, namely, apparatus for recording, transmission or reproduction of sound or image, data processing equipment, namely data processors; and computers, microphones, earphones, television sets, video and audio machine,namely, video game machines for use with televisions; record players, antenna, amplifiers, and converters
FILING BASIS Section 1(a)
        FIRST USE ANYWHERE DATE 01/13/2005
        FIRST USE IN COMMERCE DATE 01/13/2005
        STATEMENT TYPE The substitute specimen(s) was in use in commerce prior to the filing of the Amendment to Allege Use (AAU).
        SPECIMEN FILE NAME(S) \\TICRS\EXPORT10\IMAGEOUT 10\766\014\76601434\xml2\ ROA0002.JPG
        SPECIMEN DESCRIPTION a photograph showing the mark on packaging containing the goods
FILING BASIS Section 1(b)
SIGNATURE SECTION
DECLARATION SIGNATURE /Stewart L. Gitler/
SIGNATORY NAME Stewart L. Gitler
SIGNATORY POSITION Attorney
SIGNATURE DATE 06/15/2005
RESPONSE SIGNATURE /Stewart L. Gitler/
SIGNATORY NAME Stewart L. Gitler
SIGNATORY POSITION Attorney
SIGNATURE DATE 06/15/2005
FILING INFORMATION SECTION
SUBMIT DATE Wed Jun 15 15:42:41 EDT 2005
TEAS STAMP USPTO/OA-XXXXXXXXXXX-2005
0615154241604181-76601434
-2004eaf66634453b814cc7aa
3e4d4829c4-N-N-2005061515
4125875070



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. 76601434 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 Electric instruments, namely, apparatus for recording, transmission or reproduction of sound or image, data processing equipment and computers, microphones, earphones, television sets, video and audio machine, record players, antenna, amplifiers, boosters and converters
Original Filing Basis: 1(b).
Proposed: Class 009 for Electric instruments, namely, apparatus for recording, transmission or reproduction of sound or image, data processing equipment, namely data processors; and computers, microphones, earphones, television sets, video and audio machine,namely, video game machines for use with televisions; record players, antenna, amplifiers, and converters
New/Additional Basis:
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 at least as early as 01/13/2005 and first used in commerce at least as early as 01/13/2005, and is now in use in such commerce.
Applicant hereby submits a specimen for Class 009.
The specimen(s) submitted consists of a photograph showing the mark on packaging containing the goods.
For an application based on 1(b), Intent-to-Use, "The substitute specimen(s) was in use in commerce prior to the filing of the Amendment to Allege Use (AAU)."
Specimen-1
        
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. §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: /Stewart L. Gitler/      Date: 06/15/2005
Signatory's Name: Stewart L. Gitler
Signatory's Position: Attorney
        
Response Signature
        
Signature: /Stewart L. Gitler/     Date: 06/15/2005
Signatory's Name: Stewart L. Gitler
Signatory's Position: Attorney
        
        
        
Serial Number: 76601434
Internet Transmission Date: Wed Jun 15 15:42:41 EDT 2005
TEAS Stamp: USPTO/OA-XXXXXXXXXXX-2005061515424160418
1-76601434-2004eaf66634453b814cc7aa3e4d4
829c4-N-N-20050615154125875070



Response to Office Action [image/jpeg]


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