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. 76650149 has been amended as follows:
Argument(s)
In response to the substantive refusal(s), please note the following:

Goods

Applicant maintains that the identification of goods is in full compliance with the statute and regulations, but in order to expedite the application, please amend the identification of goods as stated herein.

Applicant makes the present amendment of the identification of goods without surrendering any of the scope of the previous identification of goods. Thus, if any further amendments are required in order to obtain approval, then Applicant is entitled to the full scope of the previous identification of goods. At the time that the application is approved, Applicant surrenders the scope of the previous identification of goods to the extent that it exceeds the approved identification of goods.

Claim of Ownership

Applicant owns Registration No. 2479005 of the mark FORWARD.

Substitution of Section 44(e) for Section 1(b)

Please amend the application to substitute a Section 44(e) basis for the Section 1(b) basis for registration as stated herein, provided that the Examining Attorney is of the opinion that the present application is fully supported by the foreign registration and is entitled to registration under exclusively Section 44 of the Lanham Act, as amended, 15 U.S.C. §1126. Conversely, if the Examining Attorney maintains that the present application is not entitled to registration under exclusively Section 44, then please advise the undersigned of the basis for this position. A supporting Declaration is submitted herewith.

Copy of Foreign Registration

Applicant submits herewith a true copy of the foreign registration, as stated herein. A translation thereof is also submitted herewith.

Translation/Transliteration

The non-English characters may be transliterated "Fu Hua" and are for the name of the applicant.

Conclusion

Applicant submits that the application should be approved for publication.

 

Classification and Listing of Goods/Services

Applicant hereby amends the following class of goods/services in the application as follows:
Current: Class 009 for Backlight modules; liquid crystal display (LCD) modules; tuners for televisions; computer keyboards; computer mouse; remote controls; TV boxes; multimedia cards; variable resistors; switches, namely tact switches and keyboard switches; solar cell modules; solar cells; and sensors, namely dew sensors, humidity sensors and sensors for detecting leaks of hazard gases
Original Filing Basis: 1(b).
Proposed: Class 009 for Backlight modules for use with televisions and computers; liquid crystal display (LCD) modules; tuners for televisions; computer keyboards; computer mouse; remote controls; television tuner boxes for use with computers; multimedia cards; variable resistors; switches, namely tact switches and keyboard switches; solar cell modules; solar cells; and sensors, namely dew sensors, humidity sensors and sensors for detecting leaks of hazard gases
Filing Basis: 44(e).
Deleted Filing Basis: 1(b)
New/Additional Basis:

Section 44(e) Based on Foreign Registration: Applicant has a bona fide intention to use the mark in commerce on or in connection with the identified goods and /or services, and submits a copy of [ Taiwan registration number 01216323 registered 07/01/2006 with a renewal date of 07/01/2016 and an expiration date of 06/30/2016 ], and translation thereof, if appropriate. 15 U.S.C. Section 1126(e), as amended.

Foreign Registration-1
Foreign Registration-2
Additional Statements

"Applicant claims ownership of U.S. Registration Number(s) 2479005."

"The non-Latin character(s) in the mark transliterates into "Fu Hua" , and this means the name of the applicant in English."

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: /ThomasJMoore/     Date: 10/31/2006
Signatory's Name: Thomas J. Moore
Signatory's Position: Applicant's Attorney
        
Serial Number: 76650149
Internet Transmission Date: Tue Oct 31 18:56:57 EST 2006
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.X-20061031185657330
739-76650149-34084cc527695a25cc02da3af18
03937cf-N/A-N/A-20061031185301751588