Response to Office Action

REGATTA

Midland Radio Corporation

Response to Office Action

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 NUMBER 76636972
LAW OFFICE ASSIGNED LAW OFFICE 102
MARK SECTION (no change)
GOODS AND/OR SERVICES SECTION (current)
INTERNATIONAL CLASS 009
DESCRIPTION full feature marine VHF two-way radios
FILING BASIS Section 1(a)
        FIRST USE ANYWHERE DATE At least as early as 06/00/2004
        FIRST USE IN COMMERCE DATE At least as early as 06/00/2004
GOODS AND/OR SERVICES SECTION (proposed)
INTERNATIONAL CLASS 009
DESCRIPTION full feature marine VHF two-way radios
FILING BASIS Section 1(a)
        FIRST USE ANYWHERE DATE At least as early as 06/00/2004
        FIRST USE IN COMMERCE DATE At least as early as 06/00/2004
        STATEMENT TYPE "The substitute specimen(s) was in use in commerce as of the filing date of the application."
        SPECIMEN FILE NAME(S) \\TICRS\EXPORT8\IMAGEOUT8 \766\369\76636972\xml3\RO A0002.JPG
        SPECIMEN DESCRIPTION photograph showing use of the mark on the goods
SIGNATURE SECTION
DECLARATION SIGNATURE /Stacy M. Schwartz/
SIGNATORY NAME Stacy M. Schwartz
SIGNATORY POSITION Attorney
SIGNATURE DATE 12/01/2005
RESPONSE SIGNATURE /Stacy M. Schwartz/
SIGNATORY NAME Stacy M. Schwartz
SIGNATORY POSITION Attorney
SIGNATURE DATE 12/01/2005
FILING INFORMATION SECTION
SUBMIT DATE Thu Dec 01 17:25:21 EST 2005
TEAS STAMP USPTO/ROA-XX.XX.XXX.XXX-2
0051201172521106321-76636
972-320338574bc5cd0517f33
67cc9cf192ee-N/A-N/A-2005
1201171952067047



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. 76636972 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 009 for full feature marine VHF two-way radios
Original Filing Basis: 1(a).
Proposed: Class 009 for full feature marine VHF two-way radios
Section 1(a), Use in Commerce: The mark was first used at least as early as 06/00/2004 and first used in commerce at least as early as 06/00/2004, and is now in use in such commerce.
Applicant hereby submits a specimen for Class 009.
The specimen(s) submitted consists of photograph showing use of the mark on the goods.

For an application based on 1(a), Use in Commerce, "The substitute specimen(s) was in use in commerce as of the filing date of the application."
Specimen-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: /Stacy M. Schwartz/      Date: 12/01/2005
Signatory's Name: Stacy M. Schwartz
Signatory's Position: Attorney

Response Signature

Signature: /Stacy M. Schwartz/     Date: 12/01/2005
Signatory's Name: Stacy M. Schwartz
Signatory's Position: Attorney
        
Serial Number: 76636972
Internet Transmission Date: Thu Dec 01 17:25:21 EST 2005
TEAS Stamp: USPTO/ROA-XX.XX.XXX.XXX-2005120117252110
6321-76636972-320338574bc5cd0517f3367cc9
cf192ee-N/A-N/A-20051201171952067047


Response to Office Action [image/jpeg]


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