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. 76674446 has been amended as follows:

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

This is a Response to the Office Action mailed February 12, 2008. 

 

AMENDMENT

            Please amend the dates of first use anywhere and in commerce to July, 1998 in the application.

REMARKS

Applicant notes that the Examining Attorney's search among the records of the U.S. Patent and Trademark Office disclosed no pending or registered mark which would bar registration of the present application.

Applicant has amended the dates of use anywhere and in commerce to be the same.  As discussed in the Office Action, upon entry of this amendment the application is in condition for publication in the Official Gazette.  Applicant respectfully requests that this application be published for opposition.  If the Examining Attorney has any questions, he is invited to contact Applicant's undersigned counsel.

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 009 for Computer software and computer hardware for use in monitoring and improving driver performance
Original Filing Basis:
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 07/00/1998 and first used in commerce at least as early as 07//9807, and is now in use in such commerce.

Proposed: Class 009 for Computer software and computer hardware for use in monitoring and improving driver performance
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 07/00/1998 and first used in commerce at least as early as 07/00/1998, and is now in use in such commerce.
SIGNATURE(S)
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: /Larry H. Selditz/      Date: 12/27/2007
Signatory's Name: Larry H. Selditz
Signatory's Position: President

Response Signature
Signature: /Kathleen Cooney-Porter/     Date: 08/12/2008
Signatory's Name: Kathleen Cooney-Porter
Signatory's Position: Attorney of Record

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: 76674446
Internet Transmission Date: Tue Aug 12 15:54:15 EDT 2008
TEAS Stamp: USPTO/ROA-XX.X.XXX.XX-200808121554155242
95-76674446-4303cb2a1d02d2eeb2cc5aa72d3c
8911691-N/A-N/A-20080812153310395660