Response to Office Action

POWERROAM

XIUS CORP.

Response to Office Action

PTO Form 1957 (Rev 9/2005)
OMB No. 0651-0050 (Exp. 04/30/2011)

Response to Office Action


The table below presents the data as entered.

Input Field
Entered
SERIAL NUMBER 76667931
LAW OFFICE ASSIGNED LAW OFFICE 111
MARK SECTION (no change)
ADDITIONAL STATEMENTS SECTION
MISCELLANEOUS STATEMENT 1. Service Class Specimens. The Examining Attorney has agreed to remove the specimen objection as to the services classes (Classes 35, 38 & 42). On November 4, 2009, Applicant's counsel discussed the specimen issue with the Examining Attorney and clarified that (i) the specimen submitted in connection with the service classes consisted of advertising, (ii) the material in the body of the advertising referred to Applicant's Class 38 services, and (iii) the material in the left margin of the specimen referred to Applicant's Class 35 and 42 services. Applicant respectfully requests that the Examining Attorney remove the specimen refusal as to Classes 35, 38 & 42 and accept Applicant's Statement of Use. 2. Class 9 Specimen. On November 6, 2009, Applicant's counsel had a telephone conference with Ms. Margaret Le, Managing Attorney of Law Office 114. Ms. Le reviewed the Class 9 specimen and found it acceptable to support Applicant's Class 9 goods description. This position was confirmed on November 9, 2009 by way of a telephone conference with Mr. Craig Taylor, Managing Attorney of Law Office 111. Accordingly, Applicant respectfully requests that the Examining Attorney remove the specimen refusal as to Class 9 and accept Applicant's Statement of Use.
SIGNATURE SECTION
RESPONSE SIGNATURE /Michael R. Rizzo/
SIGNATORY'S NAME Michael R. Rizzo
SIGNATORY'S POSITION Associate for Attorney of Record, Connecticut bar member
DATE SIGNED 11/09/2009
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Mon Nov 09 12:19:44 EST 2009
TEAS STAMP USPTO/ROA-XX.XX.XXX.XX-20
091109121944199385-766679
31-460d1952a261c87776ab9d
c787f1231b-N/A-N/A-200911
09115259466065



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. 76667931 has been amended as follows:

ADDITIONAL STATEMENTS
1. Service Class Specimens. The Examining Attorney has agreed to remove the specimen objection as to the services classes (Classes 35, 38 & 42). On November 4, 2009, Applicant's counsel discussed the specimen issue with the Examining Attorney and clarified that (i) the specimen submitted in connection with the service classes consisted of advertising, (ii) the material in the body of the advertising referred to Applicant's Class 38 services, and (iii) the material in the left margin of the specimen referred to Applicant's Class 35 and 42 services. Applicant respectfully requests that the Examining Attorney remove the specimen refusal as to Classes 35, 38 & 42 and accept Applicant's Statement of Use. 2. Class 9 Specimen. On November 6, 2009, Applicant's counsel had a telephone conference with Ms. Margaret Le, Managing Attorney of Law Office 114. Ms. Le reviewed the Class 9 specimen and found it acceptable to support Applicant's Class 9 goods description. This position was confirmed on November 9, 2009 by way of a telephone conference with Mr. Craig Taylor, Managing Attorney of Law Office 111. Accordingly, Applicant respectfully requests that the Examining Attorney remove the specimen refusal as to Class 9 and accept Applicant's Statement of Use.

SIGNATURE(S)
Response Signature
Signature: /Michael R. Rizzo/     Date: 11/09/2009
Signatory's Name: Michael R. Rizzo
Signatory's Position: Associate for Attorney of Record, Connecticut bar member

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: 76667931
Internet Transmission Date: Mon Nov 09 12:19:44 EST 2009
TEAS Stamp: USPTO/ROA-XX.XX.XXX.XX-20091109121944199
385-76667931-460d1952a261c87776ab9dc787f
1231b-N/A-N/A-20091109115259466065



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