Response to Office Action

PTO Form 1957 (Rev 9/2005)

OMB No. 0651-0050 (Exp. 04/2009)

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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. 76648731 has been amended as follows:
Argument(s)
In response to the substantive refusal(s), please note the following:
The Office Action dated April 28, 2006 cited prior pending application Serial Number 78/710,964 as a potential bar to registration under Section 2(d) of the Trademark Act.  The Office Action indicated that further action on the instant application may suspended pending the disposition of the 78/710,964 application.  On October 18, 2006, the 78/710,694 application was abandoned for failure to respond to an Office Action.  Since the application was abandoned, there is no potential bar to registration as initially indicated in the April 28, 2006 Office Action. Accordingly, Applicant requests the examiner allow the instant application to proceed to publication.

Classification and Listing of Goods/Services

Applicant hereby amends the following class of goods/services in the application as follows:
Current: Class 001 for Chemical fuel system cleaners for internal combustion engines
Original Filing Basis: 1(a).
Proposed: Class 001 for Chemical automotive fuel system cleaners for internal combustion engines
Filing Basis: 1(a).

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: /Mark A. Nieds/      Date: 10/23/2006
Signatory's Name: Mark A. Nieds
Signatory's Position: Attorney for Applicant

Response Signature
Signature: /Mark A. Nieds/     Date: 10/23/2006
Signatory's Name: Mark A. Nieds
Signatory's Position: Attorney for Applicant
        
Serial Number: 76648731
Internet Transmission Date: Mon Oct 23 12:40:47 EDT 2006
TEAS Stamp: USPTO/ROA-XX.XX.XXX.XXX-2006102312404714
9980-76648731-34044a4757d623e48ede7ef89e
e872df70-N/A-N/A-20061023123630110076