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. 76676693 has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant hereby deletes the following class of goods/services from the application.
Class 035 for Distribution of non-toxic and biodegradable chemicals and raw materials, environmentally sustainable packaging and building materials, renewable power systems and equipment, and biofuels

Applicant hereby adds the following class of goods/services to the application:
New: Class 039 (Original Class: 035 ) for Distribution services, namely delivery of non-toxic and biodegradable chemicals and raw materials, environmentally sustainable packaging and building materials, renewable power systems and equipment, and biofuels
Filing Basis: Section 1(a), Use in Commerce: The mark was first used at least as early as 01/25/2007 and first used in commerce at least as early as 02/10/2007, and is now in use in such commerce.

CORRESPONDENCE ADDRESS CHANGE
Applicant proposes to amend the following:
Current:
DAVID P. LHOTA
STEARNS WEAVER MILLER WEISSLER ALHADEFF
200 E LAS OLAS BLVD STE 2100
FORT LAUDERDALE, FL 33301-2238

Proposed:
Steven M. Greenberg of Carey, Rodriguez, Greenberg & Paul, LLP, having an address of
Suite 3020 950 Peninsula Corporate Circle Boca Raton, Florida 33487
United States
sgreenberg@crgplaw.com
561-922-3845
561-244-1062

ADDITIONAL STATEMENTS
Applicant respectfully submits that prior pending Application No. 77/163,623 for ALTERNA ENERGY does not create a likelihood of confusion between the two marks, as ALTERNA ENERGY is a "product" for energy materials and Applicant's application for ALTERNA is a "service" for distribution of chemicals, packaging and buiding materials. Applicant believes that the two marks will not be sold or distributed in the same areas of 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: /Steven M. Greenberg/      Date: 02/14/2008
Signatory's Name: Steven M. Greenberg
Signatory's Position: Attorney of record

Response Signature
Signature: /Steven M. Greenberg/     Date: 02/14/2008
Signatory's Name: Steven M. Greenberg
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.

Mailing Address:    Steven M. Greenberg
   Carey, Rodriguez, Greenberg & Paul, LLP
   Suite 3020
   950 Peninsula Corporate Circle
   Boca Raton, Florida 33487
        
Serial Number: 76676693
Internet Transmission Date: Thu Feb 14 15:08:03 EST 2008
TEAS Stamp: USPTO/ROA-XX.XX.XX.XXX-20080214150803991
467-76676693-4106ea01385861390a582677453
7b6a7f1d-N/A-N/A-20080214150330578244