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. 76654512 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 012 for AUTOMOBILES AND TRUCKS; BODIES, ENGINES, CLUTCHES, BRAKES, SAFETY BELTS, ALL FOR MOTOR LAND VEHICLES; STRUCTURAL PARTS FOR MOTOR LAND VEHICLES; TRACTORS; ELECTRIC LOCOMOTIVES ( BASED ON 44E)
Original Filing Basis: 1(b); and 44(e).
Proposed: Class 012 for AUTOMOBILES AND TRUCKS; AUTOMOBILE BODIES, TRUCK BODIES, MOTOR LAND VEHICLE BODIES, TRACTOR BODIES, ENGINES, CLUTCHES, BRAKES, SAFETY BELTS, ALL FOR MOTOR LAND VEHICLES; STRUCTURAL PARTS FOR MOTOR LAND VEHICLES; TRACTORS; ELECTRIC LOCOMOTIVES ( BASED ON 44E)
Filing Basis: 1(b); and 44(e).
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 will submit a copy of [ Other registration number 52003 registered 10/14/1935 with a renewal date of __________ and an expiration date of __________ ], and translation thereof, if appropriate, before the application may proceed to registration. 15 U.S.C. Section 1126(e), as amended.

Applicant hereby amends the following class of goods/services in the application as follows:
Current: Class 035 for RETAIL STORE SERVICES FEATURING AUTOMOBILES AND TRUCKS; BODIES, ENGINES, CLUTCHES, BRAKES, SAFETY BELTS, ALL FOR MOTOR LAND VEHICLES; STRUCTURAL PARTS FOR MOTOR LAND VEHICLES; TRACTORS; ELECTRIC LOCOMOTIVES, AUTOMOBILE RACING SUITS, T-SHIRTS, SWEAT SHIRTS, POLO-SHIRTS, TIES, CAPS, OVERALLS, WIND RESISTANT JACKETS, WATERPROOF JACKETS, BLAZERS, PULLOVERS, COATS, ROBES, SCARVES, SHOES, BOOTS, SWEATERS, SHIRTS, TROUSERS, BELTS, RAINCOATS, TRUCK SUITS, SHORTS, GLOVES, PAJAMAS, SLIPPERS, SWIMWEAR, OVERALL COATS, FOULARDS ( BASED ON 1B)
Original Filing Basis: 1(b); and 44(e).
Proposed: Class 035 for RETAIL STORE SERVICES FEATURING AUTOMOBILES AND TRUCKS, BODIES, ENGINES, CLUTCHES, BRAKES, SAFETY BELTS, ALL FOR MOTOR LAND VEHICLES, STRUCTURAL PARTS FOR MOTOR LAND VEHICLES, TRACTORS, ELECTRIC LOCOMOTIVES, AUTOMOBILE RACING SUITS, T-SHIRTS, SWEAT SHIRTS, POLO-SHIRTS, TIES, CAPS, OVERALLS, WIND RESISTANT JACKETS, WATERPROOF JACKETS, BLAZERS, PULLOVERS, COATS, ROBES, SCARVES, SHOES, BOOTS, SWEATERS, SHIRTS, TROUSERS, BELTS, RAINCOATS, TRUCK SUITS, SHORTS, GLOVES, PAJAMAS, SLIPPERS, SWIMWEAR, OVERALL COATS, FOULARDS ( BASED ON 1B)
Filing Basis: 1(b); and 44(e).
Additional Statements

"Applicant claims ownership of U.S. Registration Number(s) 1388045, 2329080."

A copy of the foreign registration is not yet available. Please suspend the application pending its receipt.

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: /gfr4/     Date: 12/12/2006
Signatory's Name: G. Franklin Rothwell
Signatory's Position: Attorney for Applicant
        
Serial Number: 76654512
Internet Transmission Date: Tue Dec 12 14:36:10 EST 2006
TEAS Stamp: USPTO/ROA-XX.XXX.XX.X-200612121436100857
55-76654512-360d3f672d56e62cd5ac40233ded
d9d3f5-N/A-N/A-20061212102727201892