| PTO Form 1957 (Rev 8/2005) |
| OMB Control #0651-0050 (Exp. 04/30/2006) |
| Input Field |
Entered |
| SERIAL NUMBER | 76614698 |
| MARK SECTION (no change) | |
| ARGUMENT(S) | |
|
The Examining Attorney has refused the proposed mark, as used on the specimen of record, because it does not function as a trademark to indicate the source of the identified goods. In response to this rejection, applicant herewith submits a substitute specimen showing the mark as it is used in commerce on the goods and a statement that the subsitute specimen was in use in commerce at least as early as the filing date of the application. Applicant hereby declares: "the undersigned being warned that willful false statements and the like are punishable by fine or imprisonment, or both, under U.S.C. Sec. 1001, and that such willful false statements and the like may jepoardize the validity of the application or document or any registration resulting therefrom, declares that the substitute specimen was in use in commerce at least as early as the filing date of the application, all statements made of his own knowledge are true; and all statements made on information and belief are believed to be true. Applicant is pleased that the search of office records found no similar registered or pending mark with would bar registration. Applicant respectfully requests this application be moved to registration. |
|
| EVIDENCE SECTION | |
| EVIDENCE FILE NAME | \\TICRS\EXPORT10\IMAGEOUT 10\766\146\76614698\xml4\ ROA0002.JPG |
| DESCRIPTION OF EVIDENCE FILE | Digital photograph of goods bearing trademark |
| GOODS AND/OR SERVICES SECTION (no change) | |
| SIGNATURE SECTION | |
| DECLARATION SIGNATURE | /peter n jansson/ |
| SIGNATORY NAME | Peter N. Jansson |
| SIGNATORY POSITION | Attorney for Applicant |
| SIGNATURE DATE | 07/13/2005 |
| RESPONSE SIGNATURE | /peter n jansson/ |
| SIGNATORY NAME | Peter N. Jansson |
| SIGNATORY POSITION | Attorney for Applicant |
| SIGNATURE DATE | 07/13/2005 |
| FILING INFORMATION SECTION | |
| SUBMIT DATE | Wed Jul 13 16:14:45 EDT 2005 |
| TEAS STAMP | USPTO/OA-XXXXXXXXXX-20050 713161445110233-76614698- 2009cc0696db8ad54a80ac7b1 2fc74aa6-N-N-200507131613 11167298 |
| PTO Form 1957 (Rev 8/2005) |
| OMB Control #0651-0050 (Exp. 04/30/2006) |
| Application serial no. 76614698 is amended as follows: | |
| Argument(s) | |
| In response to the substantive refusal(s), please note the following: | |
|
The Examining Attorney has refused the proposed mark, as used on the specimen of record, because it does not function as a trademark to indicate the source of the identified goods. In response to this rejection, applicant herewith submits a substitute specimen showing the mark as it is used in commerce on the goods and a statement that the subsitute specimen was in use in commerce at least as early as the filing date of the application. Applicant hereby declares: "the undersigned being warned that willful false statements and the like are punishable by fine or imprisonment, or both, under U.S.C. Sec. 1001, and that such willful false statements and the like may jepoardize the validity of the application or document or any registration resulting therefrom, declares that the substitute specimen was in use in commerce at least as early as the filing date of the application, all statements made of his own knowledge are true; and all statements made on information and belief are believed to be true. Applicant is pleased that the search of office records found no similar registered or pending mark with would bar registration. Applicant respectfully requests this application be moved to registration. |
|
| Evidence | |
| Evidence in the nature of Digital photograph of goods bearing trademark has been attached. | |
| Evidence-1 | |
| 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: /peter n jansson/ Date: 07/13/2005 | |
| Signatory's Name: Peter N. Jansson | |
| Signatory's Position: Attorney for Applicant | |
| Response Signature | |
| Signature: /peter n jansson/ Date: 07/13/2005 | |
| Signatory's Name: Peter N. Jansson | |
| Signatory's Position: Attorney for Applicant | |
| Serial Number: 76614698 | |
| Internet Transmission Date: Wed Jul 13 16:14:45 EDT 2005 | |
| TEAS Stamp: USPTO/OA-XXXXXXXXXX-20050713161445110233 -76614698-2009cc0696db8ad54a80ac7b12fc74 aa6-N-N-20050713161311167298 |
