PTO Form 1957 (Rev 5/2006)
OMB No. 0651-0050 (Exp. 04/2009)

Response to Office Action

The table below presents the data as entered.

Input Field
Entered
SERIAL NUMBER76620145
LAW OFFICE ASSIGNEDLAW OFFICE 101
MARK SECTION (no change)
ARGUMENT(S)

Mark does not Function as a Service Mark

The Examining Attorney has refused registration because the specimen is unacceptable evidence of actual service mark use.  Applicant wishes to substitute §1(b) as a basis for this application.  In connection with amending from §1(a) to §1(b), the Applicant submits a verified statement to the effect that Applicant has had a bona fide intention to use the mark in commerce on or in connection with the goods/services since the application filing date.
GOODS AND/OR SERVICES SECTION (037)(current)
INTERNATIONAL CLASS037
DESCRIPTION
Technical support and maintenance services, namely, troubleshooting of computer hardware and software, and electronic, signalling, communication, monitoring, and surveillance equipment problems
FILING BASISSection 1(a)
        FIRST USE ANYWHERE DATE At least as early as 12/12/2002
        FIRST USE IN COMMERCE DATE At least as early as 12/12/2002
GOODS AND/OR SERVICES SECTION (037)(proposed)
INTERNATIONAL CLASS037
DESCRIPTION
Maintenance of computer hardware; maintenance of signalling, communication, monitoring, and surveillance equipment
FILING BASISSection 1(b)
GOODS AND/OR SERVICES SECTION (042)(class added)
INTERNATIONAL CLASS042
DESCRIPTION
Maintenance of computer software; technical support services, namely, troubleshooting of computer hardware and software, and electronic, signalling, communication, monitoring, and surveillance equipment problems
FILING BASISSection 1(b)
PAYMENT SECTION
NUMBER OF CLASSES1
FEE PER CLASS325
TOTAL FEES DUE325
SIGNATURE SECTION
DECLARATION SIGNATURE /Herbert F. Bohnet/
SIGNATORY NAME Herbert F. Bohnet
SIGNATORY POSITION Attorney for Applicant
SIGNATURE DATE 12/27/2005
RESPONSE SIGNATURE /Herbert F. Bohnet/
SIGNATORY NAME Herbert F. Bohnet
SIGNATORY POSITION Attorney for Applicant
SIGNATURE DATE 12/27/2005
FILING INFORMATION SECTION
SUBMIT DATE Tue Dec 27 14:45:42 EST 2005
TEAS STAMP USPTO/ROA-XX.XXX.XX.XX-20
051227144542874837-766201
45-32096131b6057a21d64ff8
e5279595689-DA-9-20051227
141702054339


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. 76620145 has been amended as follows:
Argument(s)
In response to the substantive refusal(s), please note the following:

Mark does not Function as a Service Mark

The Examining Attorney has refused registration because the specimen is unacceptable evidence of actual service mark use.  Applicant wishes to substitute §1(b) as a basis for this application.  In connection with amending from §1(a) to §1(b), the Applicant submits a verified statement to the effect that Applicant has had a bona fide intention to use the mark in commerce on or in connection with the goods/services since the application filing date.



Classification and Listing of Goods/Services

Applicant hereby amends the following class of goods/services in the application as follows:
Current: Class 037 for Technical support and maintenance services, namely, troubleshooting of computer hardware and software, and electronic, signalling, communication, monitoring, and surveillance equipment problems
Original Filing Basis: 1(a).
Proposed: Class 037 for Maintenance of computer hardware; maintenance of signalling, communication, monitoring, and surveillance equipment
Deleted Filing Basis: 1(a)
New/Additional Basis:

Section 1(b), 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 withthe identified goods and/or services as of the filing date of the application. (15 U.S.C. Section 1051(b)).

Applicant hereby adds the following class of goods/services to the application:
New:
Class 042 for Maintenance of computer software; technical support services, namely, troubleshooting of computer hardware and software, and electronic, signalling, communication, monitoring, and surveillance equipment problems
Section 1(b), 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 withthe identified goods and/or services as of the filing date of the application. (15 U.S.C. Section 1051(b)).

Fees
Fee(s) in the amount of $325 is being submitted.


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: /Herbert F. Bohnet/      Date: 12/27/2005
Signatory's Name: Herbert F. Bohnet
Signatory's Position: Attorney for Applicant

Response Signature

Signature: /Herbert F. Bohnet/     Date: 12/27/2005
Signatory's Name: Herbert F. Bohnet
Signatory's Position: Attorney for Applicant
        
RAM Sale Number: 9
RAM Accounting Date: 12/28/2005
        
Serial Number: 76620145
Internet Transmission Date: Tue Dec 27 14:45:42 EST 2005
TEAS Stamp: USPTO/ROA-XX.XXX.XX.XX-20051227144542874
837-76620145-32096131b6057a21d64ff8e5279
595689-DA-9-20051227141702054339