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. 76624936 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 011 for Air conditioners; Electric generators; Combined air conditioner and electric generator
Original Filing Basis: 1(b); 44d; and/or 44(e).
Proposed: Class 011 for Air conditioners; Combined air conditioner and electric generator.
Applicant hereby amends the following class of goods/services in the application as follows:
Current: Class 019 for Non-metallic transportable buildings; Non- metallic containers for the transport of people
Original Filing Basis: 1(b); 44d; and/or 44(e).
Proposed: Class 019 for Non-metallic transportable buildings.
Applicant hereby adds the following class of goods/services to the application:
New:
Class 007 for Electric generators.

Section 44(d), Priority based on foreign filing: Applicant has a bona fide intention to use the mark in commerce on or in connection with the identified goods and/or services, and asserts a claim of priority based on [European Community application number 004121695 filed 11/12/2004]. 15 U.S.C.Section 1126(d), as amended.


Section 44(e), Based on Foreign Registration: Applicant has a bona fide intention to use the mark in commerce on or in connection with the identified goods and /or services, and will submit a copy of [European Community (EMX) registration number 004121695 registered 11/17/2005 with a renewal date of 11/12/2014 and an expiration date of __________ ], and translation thereof, if appropriate, before the application may proceed to registration. 15 U.S.C. Section 1126(e), as amended.

Applicant hereby adds the following class of goods/services to the application:
New:
Class 020 for Non- metallic containers for the transport of people.

Section 44(d), Priority based on foreign filing: Applicant has a bona fide intention to use the mark in commerce on or in connection with the identified goods and/or services, and asserts a claim of priority based on [European Community application number 004121695 filed 11/12/2004]. 15 U.S.C.Section 1126(d), as amended.


Section 44(e), Based on Foreign Registration: Applicant has a bona fide intention to use the mark in commerce on or in connection with the identified goods and /or services, and will submit a copy of [European Community (EMX) registration number 004121695 registered 11/17/2005 with a renewal date of 11/12/2014 and an expiration date of __________ ], and translation thereof, if appropriate, before the application may proceed to registration. 15 U.S.C. Section 1126(e), as amended.


Additional Statements
1. Classification of Goods The Examining Attorney required re-classification of certain goods to additional Classes 7 and 20. The Applicant has amended the classification of goods as requested and submitted the required fee. As the filing and registration basis for the goods listed in additional Classes 7 and 20 were previously accepted by the Examiner, no new declaration is provided. The Applicant wishes to rely upon the priority filing date and resulting European Community trademark registration for each new class. 2. Drawing/Foreign Registration Agreement The Examining Attorney required a statement regarding the nature of the mark. Pursuant to the Examining Attorney's request, the Applicant hereby deletes the Standard Form drawing claim from the application, and will proceed to registration pursuant to a special-form drawing. 3. Summary The Applicant believes that it has satisfied all outstanding requirements, and request that the application be approved for publication. Please credit any overpayments or charge any additional fees to the Deposit Account of Crowell & Moring LLP, Account Number 05-1323 (Docket No.: 056228.13351US).

Fees
Fee(s) in the amount of $650 is being submitted.


Declaration Signature
I hereby elect to bypass the submission of a signed declaration, because I believe a declaration is not required by the rules of practice. I understand that the examining attorney could still, upon later review, require a signed declaration.
Response Signature

Signature: /William J. Sauers/     Date: 05/01/2006
Signatory's Name: William J. Sauers
Signatory's Position: Attorney for Applicant
        
RAM Sale Number: 1327
RAM Accounting Date: 05/01/2006
        
Serial Number: 76624936
Internet Transmission Date: Mon May 01 10:27:51 EDT 2006
TEAS Stamp: USPTO/ROA-XX.XX.XXX.XX-20060501102751912
895-76624936-3203395d83a64ac9f11d8aced1a
bfef1774-CC-1327-20060501100154288462