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 |
76688961 |
LAW OFFICE ASSIGNED |
LAW OFFICE 114 |
MARK SECTION (no change) |
GOODS AND/OR SERVICES SECTION (current) |
INTERNATIONAL CLASS |
009 |
DESCRIPTION |
Computers, computer interface boards, microprocessor interface boards, microcontroller boards; integrated circuits; central processing
units for civil, military, and industrial electronic apparatus; operating system software and software utility programs |
FILING BASIS |
Section 1(a) |
FIRST USE ANYWHERE DATE |
At least as early as 11/28/1997 |
FIRST USE IN COMMERCE DATE |
At least as early as 11/28/1997 |
GOODS AND/OR SERVICES SECTION (proposed) |
INTERNATIONAL CLASS |
009 |
TRACKED TEXT DESCRIPTION |
Computers, computer interface boards, microprocessor interface boards, microcontroller boards; integrated circuits; central processing units for civil, military, and industrial electronic apparatus; [operating system
software and software utility programs]; operating system software, namely, Windows XP embedded, Windows CE 5.0 and 6.0, and embedded Linux based software, and
software utility programs for use in porting of operating systems to CPU boards, supplying application development tool support for Integrated Development Environments, and integrating frameworks
based on the Java programming language and Open Systems Gateway initiative |
FINAL DESCRIPTION |
Computers, computer interface boards, microprocessor interface boards, microcontroller boards; integrated circuits; central processing
units for civil, military, and industrial electronic apparatus; operating system software, namely, Windows XP embedded, Windows CE 5.0 and 6.0, and embedded Linux based software, and software utility
programs for use in porting of operating systems to CPU boards, supplying application development tool support for Integrated Development Environments, and integrating frameworks based on the Java
programming language and Open Systems Gateway initiative |
FILING BASIS |
Section 1(a) |
FIRST USE ANYWHERE DATE |
At least as early as 11/28/1997 |
FIRST USE IN COMMERCE DATE |
At least as early as 11/28/1997 |
ADDITIONAL STATEMENTS SECTION |
MISCELLANEOUS STATEMENT |
The signatory of the declaration is authorized to sign on behalf of applicant. |
SIGNATURE SECTION |
DECLARATION SIGNATURE |
/NICOLE M. DEFORGE/ |
SIGNATORY'S NAME |
NICOLE M. DEFORGE |
SIGNATORY'S POSITION |
ATTORNEY OF RECORD |
DATE SIGNED |
02/12/2009 |
RESPONSE SIGNATURE |
/NICOLE M. DEFORGE/ |
SIGNATORY'S NAME |
NICOLE M. DEFORGE |
SIGNATORY'S POSITION |
ATTORNEY OF RECORD |
DATE SIGNED |
02/12/2009 |
AUTHORIZED SIGNATORY |
YES |
FILING INFORMATION SECTION |
SUBMIT DATE |
Thu Feb 12 16:07:20 EST 2009 |
TEAS STAMP |
USPTO/ROA-XX.XX.XX.XXX-20
090212160720016292-766889
61-440e1ff55e556ae37fb6be
eef1c619d3a-N/A-N/A-20090
212155501373987 |
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.
76688961 has been amended as follows:
CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 009 for Computers, computer interface boards, microprocessor interface boards, microcontroller boards; integrated circuits; central processing units for civil, military, and
industrial electronic apparatus; operating system software and software utility programs
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 11/28/1997 and first used in commerce at least as early as 11/28/1997, and is
now in use in such commerce.
Proposed:
Tracked Text Description: Computers, computer interface boards, microprocessor interface boards, microcontroller boards;
integrated circuits;
central processing units for civil, military, and industrial electronic apparatus; [
operating system software and software utility
programs];
operating system software, namely, Windows XP embedded, Windows CE 5.0 and 6.0, and embedded Linux based software, and software utility programs for
use in porting of operating systems to CPU boards, supplying application development tool support for Integrated Development Environments, and integrating frameworks based on the Java programming
language and Open Systems Gateway initiativeClass 009 for Computers, computer interface boards, microprocessor interface boards, microcontroller boards; integrated circuits; central processing
units for civil, military, and industrial electronic apparatus; operating system software, namely, Windows XP embedded, Windows CE 5.0 and 6.0, and embedded Linux based software, and software utility
programs for use in porting of operating systems to CPU boards, supplying application development tool support for Integrated Development Environments, and integrating frameworks based on the Java
programming language and Open Systems Gateway initiative
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 11/28/1997 and first used in commerce at least as early as 11/28/1997, and is
now in use in such commerce.
ADDITIONAL STATEMENTS
The signatory of the declaration is authorized to sign on behalf of applicant.
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: /NICOLE M. DEFORGE/ Date: 02/12/2009
Signatory's Name: NICOLE M. DEFORGE
Signatory's Position: ATTORNEY OF RECORD
Response Signature
Signature: /NICOLE M. DEFORGE/ Date: 02/12/2009
Signatory's Name: NICOLE M. DEFORGE
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: 76688961
Internet Transmission Date: Thu Feb 12 16:07:20 EST 2009
TEAS Stamp: USPTO/ROA-XX.XX.XX.XXX-20090212160720016
292-76688961-440e1ff55e556ae37fb6beeef1c
619d3a-N/A-N/A-20090212155501373987