| PTO Form 1957 (Rev 9/2005) |
| OMB No. 0651-0050 (Exp. 04/2009) |
Response to Office Action
The table below presents the data as entered.
| PTO Form 1957 (Rev 9/2005) |
| OMB No. 0651-0050 (Exp. 04/2009) |
Response to Office Action
To the Commissioner for Trademarks:
Application serial no.
76645242 has been amended as follows:
CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 009 for Computerized hand-held device for use in performance modification relating to engine tuning and re-programming of on-board computers for motor vehicles and
watercraft
Original Filing Basis:
Filing Basis: Section 1(b), Intent to Use: The applicant has 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. (15 U.S.C. Section 1051(b)).
In International Class 009, the mark was first used at least as early as 08/25/2005 and first used in commerce at least as early as 08/25/2005.
Proposed: Class 009 for Computerized hand-held device for use in performance modification relating to engine tuning and re-programming of on-board computers for motor vehicles and
watercraft
Filing Basis: Section 1(b), Intent to Use: The applicant has 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. (15 U.S.C. Section 1051(b)).
In International Class 009, the mark was first used at least as early as 08/25/2005. and first used in commerce at least as early as 08/25/2005.
Applicant hereby submits a new specimen for Class 009. The specimen(s) submitted consists of Printouts of Applicant's online catalog materials/website pages showing Applicant's mark and goods in
association with all necessary ordering information, including price information, for ordering and purchasing Applicant's identified Class 9 goods, thereby constituting a suitable electronic display
associated with the goods specimen under TMEP Section 904.06(b)..
For an application based on 1(b), Intent-to-Use, "The substitute specimen(s) was in use in commerce prior to expiration of the filing deadline for filing a Statement of Use (SOU)."
Original PDF file:
SPU0-64838510-133839178_._FLASHPAQ_substitute_specimen.pdf
Converted PDF file(s) (9 pages)
Specimen File1
Specimen File2
Specimen File3
Specimen File4
Specimen File5
Specimen File6
Specimen File7
Specimen File8
Specimen File9
SIGNATURE(S)
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: /Stephen L. Sapp/ Date: 09/11/2007
Signatory's Name: Stephen L. Sapp
Signatory's Position: Attorney for Applicant
Response Signature
Signature: /Stephen L. Sapp/ Date: 09/11/2007
Signatory's Name: Stephen L. Sapp
Signatory's Position: Attorney for Applicant
The signatory has confirmed that he/she is an attorney who is a member in good standing of the bar of the highest court of a U.S. state, which includes the District of Columbia, Puerto Rico, and
other federal territories and possessions; and he/she is currently the applicant's attorney or an associate thereof; and to the best of his/her knowledge, if prior to his/her appointment another U.S.
attorney or a Canadian attorney/agent not currently associated with his/her company/firm previously represented the applicant in this matter: (1) the applicant has filed or is concurrently filing a
signed revocation of or substitute power of attorney with the USPTO; (2) the USPTO has granted the request of the prior representative to withdraw; (3) the applicant has filed a power of attorney
appointing him/her in this matter; or (4) the applicant's appointed U.S. attorney or Canadian attorney/agent has filed a power of attorney appointing him/her as an associate attorney in this
matter.
Serial Number: 76645242
Internet Transmission Date: Tue Sep 11 13:48:50 EDT 2007
TEAS Stamp: USPTO/ROA-XX.XX.XX.XX-200709111348507253
67-76645242-40030791c813f77876e2174f5df7
249fa-N/A-N/A-20070911133839178930
