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 |
76640904 |
LAW OFFICE ASSIGNED |
LAW OFFICE 111 |
MARK SECTION (no change) |
GOODS AND/OR SERVICES SECTION (035)(class deleted) |
INTERNATIONAL CLASS |
035 |
DESCRIPTION |
retail accessory stores, retail apparel stores, retail gift stores, retail card stores, retail book stores, retail health and beauty stores, retail house wares and home
furnishing stores, retail jewelry stores |
FILING BASIS |
Section 1(a) |
FIRST USE ANYWHERE DATE |
At least as early as 06/14/1997 |
FIRST USE IN COMMERCE DATE |
At least as early as 06/14/1997 |
GOODS AND/OR SERVICES SECTION (036)(current) |
INTERNATIONAL CLASS |
036 |
DESCRIPTION |
Leasing of shopping center space and leasing of retail shopping space |
FILING BASIS |
Section 1(a) |
FIRST USE ANYWHERE DATE |
At least as early as 06/14/1997 |
FIRST USE IN COMMERCE DATE |
At least as early as 06/14/1997 |
GOODS AND/OR SERVICES SECTION (036)(proposed) |
INTERNATIONAL CLASS |
036 |
DESCRIPTION |
Leasing of shopping center space and leasing of retail shopping space |
FILING BASIS |
Section 1(a) |
FIRST USE ANYWHERE DATE |
At least as early as 06/14/1997 |
FIRST USE IN COMMERCE DATE |
At least as early as 06/14/1997 |
STATEMENT TYPE |
"The substitute specimen(s) was in use in commerce as of the filing date of the application." |
SPECIMEN FILE NAME(S) |
\\TICRS\EXPORT4\IMAGEOUT4 \766\409\76640904\xml1\RO A0002.JPG |
SPECIMEN DESCRIPTION |
Web page showing leasing services |
ADDITIONAL STATEMENTS SECTION |
PRIOR REGISTRATION(S) |
"Applicant claims ownership of U.S. Registration Number(s) 2111017, 2124791, 2939213." |
SIGNATURE SECTION |
DECLARATION SIGNATURE |
/John McElwaine/ |
SIGNATORY NAME |
John McElwaine |
SIGNATORY POSITION |
Attorney |
SIGNATURE DATE |
07/06/2006 |
RESPONSE SIGNATURE |
/John McElwaine/ |
SIGNATORY NAME |
John McElwaine |
SIGNATORY POSITION |
Attorney |
SIGNATURE DATE |
07/06/2006 |
FILING INFORMATION SECTION |
SUBMIT DATE |
Thu Jul 06 16:39:43 EDT 2006 |
TEAS STAMP |
USPTO/ROA-XX.XXX.XX.XX-20
060706163943114718-766409
04-332ab77ef281ea8675bf3d
4a2f45a738e4a-N/A-N/A-200
60706163314439481 |
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.
76640904 has been amended as follows:
Classification and Listing of Goods/Services
Applicant hereby deletes the following class of goods/services from the application.
Class 035 for retail accessory stores, retail apparel stores, retail gift stores, retail card stores, retail book stores, retail health and beauty stores, retail house wares and home furnishing
stores, retail jewelry stores
Applicant hereby amends the following class of goods/services in the application as follows:
Current: Class 036 for Leasing of shopping center space and leasing of retail shopping space
Original Filing Basis: 1(a).
Proposed: Class 036 for Leasing of shopping center space and leasing of retail shopping space
Section 1(a), Use in Commerce: The mark was first used at least as early as 06/14/1997 and first used in commerce at least as early as 06/14/1997, and is now in use in such commerce.
Applicant hereby submits a specimen for Class 036.
The specimen(s) submitted consists of Web page showing leasing services.
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
Additional Statements
"Applicant claims ownership of U.S. Registration Number(s) 2111017, 2124791, 2939213."
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: /John McElwaine/ Date: 07/06/2006
Signatory's Name: John McElwaine
Signatory's Position: Attorney
Response Signature
Signature: /John McElwaine/ Date: 07/06/2006
Signatory's Name: John McElwaine
Signatory's Position: Attorney
Serial Number: 76640904
Internet Transmission Date: Thu Jul 06 16:39:43 EDT 2006
TEAS Stamp: USPTO/ROA-XX.XXX.XX.XX-20060706163943114
718-76640904-332ab77ef281ea8675bf3d4a2f4
5a738e4a-N/A-N/A-20060706163314439481