Response to Office Action

PTO Form 1957 (Rev 9/2005)

OMB No. 0651-0050 (Exp. 04/30/2011)

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PTO Form 1957 (Rev 9/2005)

OMB No. 0651-0050 (Exp. 04/30/2011)

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 76660936 has been amended as follows:

MARK
Applicant proposes to amend the mark as follows:
Current: (Stylized and/or with Design)
The color(s) yellow and red is/are claimed as a feature of the mark.
The three-dimensional mark represents a crawler track characterized by an upper generally rectangular wear plate colored in yellow having slightly tapered ends and four cylindrical recesses in an upper surface thereof resting upon a lower base plate colored in red having three projecting tongues and a pair of slots.

Proposed: (Stylized and/or with Design, see mark)


The color(s) yellow and red is/are claimed as a feature of the mark.

The mark consists of three-dimensional mark representing a crawler track characterized by an upper generally rectangular wear plate colored in yellow having slightly tapered ends and four cylindrical recesses in an upper surface thereof resting upon a lower base plate colored in red having three projecting tongues and a pair of slots. The broken lines in the mark appear only to show the position of the colors in the mark on the goods and do not form any part of the mark.

ARGUMENT(S)
In response to the substantive refusal(s), please note the following:

Based on amendments herein, applicant believes application is now in condition for acceptance and issue on the Supplemental Register

EVIDENCE
Evidence in the nature of a Declaration signed by Applicant stating that Applicant is the first and only company using the color combination of yellow and red on the goods. has been attached.
Original PDF file:
evi_7016646179-145811778_._DeclarationD0403.pdf
Converted PDF file(s) (2 pages)
Evidence-1
Evidence-2

ADDITIONAL STATEMENTS
Supplemental Register
The applicant seeks registration of the mark on the Supplemental Register (i.e., a change of the words 'Principal Register' to 'Supplemental Register').

SIGNATURE(S)
Declaration Signature
If the applicant is seeking registration under Section 1(b) and/or Section 44 of the Trademark Act, the applicant has 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); and/or the applicant has had a bona fide intention to exercise legitimate control over the use of the mark in commerce by its members. 37 C.F. R. Sec. 2.44. 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); and/or the applicant has exercised legitimate control over the use of the mark in commerce by its members. 37 C.F.R. Sec. 244. 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: /David R. Schaffer/      Date: 06/15/2009
Signatory's Name: David R. Schaffer
Signatory's Position: Attorney for Applicant

Response Signature
Signature: /David R. Schaffer/     Date: 06/15/2009
Signatory's Name: David R. Schaffer
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: 76660936
Internet Transmission Date: Mon Jun 15 15:00:57 EDT 2009
TEAS Stamp: USPTO/ROA-XX.XXX.XX.XXX-2009061515005789
2379-76660936-430bd942924befea1072b81f25
76962ad2-N/A-N/A-20090615145811778640