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. 76676723 has been amended as follows:

ARGUMENT(S)
In response to the substantive refusal(s), please note the following:
The examining attorney stated that the identification of goods needed clarification because it was allegedly indefinite.  Applicant's undersigned attorney has discussed the "lift trucks" portion of the description of goods with the examining attorney in a series of telephone conferences, and has pointed out that the examining attorney's suggested wording of "fork lift trucks" would be inaccurate because applicant's mark is used on a much wider range of lift trucks than just "fork lift trucks".  Different attachments are used on different ones of Applicant's wide variety of material handling lift trucks.  Agreement was reached with the examining attorney, in view of the range of lift trucks on which Applicant's mark is used, that "material handling equipment, namely, lift trucks" would be an acceptable description of goods.  Applicant has also pointed out that this same description was used in Applicant's prior registration 1,040,023, of which the instant application is a refiling to reinstate that application.  Applicant has deleted the remaining portion of the description of goods ("and parts therefor") that the examining attorney stated was indefinite.

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 012 for Material Handling Equipment, Namely, Lift Trucks and Parts Therefor
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 11/30/1966 and first used in commerce at least as early as 11/30/1966, and is now in use in such commerce.

Proposed: Class 012 for Material Handling Equipment, Namely, Lift Trucks
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 11/30/1966 and first used in commerce at least as early as 11/30/1966, and is now in use in such commerce.
SIGNATURE(S)
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: /Russell H. Walker/     Date: 10/05/2007
Signatory's Name: Russell H. Walker
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: 76676723
Internet Transmission Date: Fri Oct 05 17:08:42 EDT 2007
TEAS Stamp: USPTO/ROA-XXX.XX.XX.X-200710051708422973
60-76676723-400c9b5ae516059889012da80472
115090-N/A-N/A-20071005165131129553