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. 76643327 has been amended as follows:
Mark
Applicant proposes to amend the mark as follows:
Original: (Stylized and/or with Design)
Proposed: IMPACT PRO (Stylized and/or with Design, see mark)
Classification and Listing of Goods/Services
Applicant hereby deletes the following class of goods/services from the application.
Class 009 for Computer software, namely a web-based order transmission and electronic messaging system for use in the trading of securities

Applicant hereby adds the following class of goods/services to the application:
New:
Class 042 (Original Class: 009 ) for Providing temporary use of online non-downloadable software for a web-based order transmission and electronic messaging system for use in the trading of securities.
Section 1(a), Use in Commerce: The mark was first used at least as early as 11/00/2004 and first used in commerce at least as early as 11/00/2004, and is now in use in such commerce.
Applicant hereby submits a specimen for Class 042.
The specimen(s) submitted consists of The specimen consists of a webpage showing the mark as used in commerce in connection with the 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
The mark is not in color.

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: /Thomas H. Bilodeau, III/     Date: 04/14/2006
Signatory's Name: Thomas H. Bilodeau, III
Signatory's Position: Attorney
        
Serial Number: 76643327
Internet Transmission Date: Fri Apr 14 11:10:22 EDT 2006
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.XX-200604141110224
03920-76643327-320eda1b727c2d7a1a981ecd7
971af8a3-N/A-N/A-20060414110428533361