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. 76642950 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 006 for PIPES AND TUBES OF METAL; GUARD RAILS OF METAL, FENCES OF METAL
Original Filing Basis: 1(b); and/or 44(d).
Proposed: Class 006 for PIPES AND TUBES OF METAL; GUARD RAILS OF METAL, FENCES OF METAL
Deleted Filing Basis: 44(d)
Correspondence Address Change
Applicant proposes to amend the following:
Original: JOHN S. MUNDAY LAW OFFICES OF JOHN S. MUNDAY PO BOX 423 ISANTI, MN 55040-0423
Proposed: Olivia Tolan of Albihns Stockholm AB, having an address of Box 5581 Stockholm, Sweden 11485, whose e-mail address is olivia.tolan@albihns.se, whose phone number is +46 (0) 8 5988 7200 and whose fax number is +46 (0) 8 5988 7300.

Additional Statements
"The mark consists of standard characters without claim to any particular font, style, size, or color."
The attached substitute specimen shows the mark as used in commerce, namely, it shows a label used on the actual goods and on containers for the goods. The substitute specimen was in use in commerce at least as early as the filing date of the application.
Miscelleneous Statement-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: /olivia tolan/      Date: 03/20/2006
Signatory's Name: Olivia Tolan
Signatory's Position: Attorney

Response Signature

Signature: /olivia tolan/     Date: 03/20/2006
Signatory's Name: Olivia Tolan
Signatory's Position: Attorney (NYS Bar)
Mailing Address:    Olivia Tolan
   Albihns Stockholm AB
   Box 5581
   Stockholm, 11485
        
Serial Number: 76642950
Internet Transmission Date: Mon Mar 20 09:00:44 EST 2006
TEAS Stamp: USPTO/ROA-XXX.XX.XXX.XXX-200603200900447
70113-76642950-320f68fff5b60ccab792a4ab7
724233228-N/A-N/A-20060320084812776064