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. 76654485 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 042 for INFORMATION COLLECTING SERVICES, UPDATING SERVICES AND MANAGEMENT SERVICES IN THE FIELD OF ENVIRONMENTAL REMEDIATION INCLUDING FIELD SAMPLE TRACKING, ENVIRONMENTAL AND METEOROLOGICAL MONITORING, MANIFESTING AND MATERIALS TRACKING, SURVEY COLLECTION, UNEXPLODED ORDNANCE INVESTIGATION, WEAPONS OF MASS DESTRUCTION WIDE AREA MONITORING AND FIRST RESPONDER DATA COLLECTION
Original Filing Basis: 1(a).
Proposed: Class 042 for Data automation, entry, updating and collection services using proprietary software featuring standard database and GIS technologies to evaluate and analyze data in the fields of environmental remediation, regulatory compliance, construction services, and facilities and infrastructure redevelopment, namely, field sample tracking, environmental and meteorological monitoring, manifesting and materials tracking, survey collection, unexploded ordnance investigation, weapons of mass destruction wide area monitoring and first responder data collection.
Filing Basis: 1(b).
Deleted Filing Basis: 1(a)
New/Additional Basis:

Section 1(b), 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)).

Applicant hereby adds the following class of goods/services to the application:
New:
Class 035 for Management of computerized files in the fields of environmental remediation, regulatory compliance, construction services, and facilities and infrastructure redevelopment, namely, field sample tracking, environmental and meteorological monitoring, manifesting and materials tracking, survey collection, unexploded ordnance investigation, weapons of mass destruction wide area monitoring and first responder data collection.
Section 1(b), 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)).
Additional Statements

Applicant has accepted the recitation of services proposed by the Examining Attorney with slight modifications. If the Examining Attorney notes any remaining issues with the recitation, the Applicant asks that the Examining Attorney contact the Applicant's representative (T. Daniel Christenbury).

Fees
Fee(s) in the amount of $325 is being submitted.


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 N. Freed/      Date: 08/29/2006
Signatory's Name: Stephen N. Freed
Signatory's Position: Assistant General Counsel

Response Signature
Signature: /dcg/     Date: 08/29/2006
Signatory's Name: Darius C. Gambino
Signatory's Position: Attorney
        
RAM Sale Number: 1770
RAM Accounting Date: 08/29/2006
        
Serial Number: 76654485
Internet Transmission Date: Tue Aug 29 14:03:55 EDT 2006
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.XX-200608291403559
40317-76654485-3403be5f3e3b3dc9e9791d18e
8da8bf62d-DA-1770-20060829133150053646