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. 76690131 has been amended as follows:

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

Applicant's attorney disagrees with the need for a new specimen.  The specimen currently on file shows BRANCHLOK TM REMOVAL SYSTEM on a cooling tower.  Applicant's attorney respectfully believes that this use is a proper use of the trademeark BRANCHLOK.

Applicant's attorney is unaware of a legal requirement to use a trademark in a stand alone manner on a product. The trademark may be used as an adjective with the noun describing the actual product.  In the specimen currently on file, a BRANCHLOK TM REMOVAL SYSTEM is said to be present in the cooling tower. This usage indicates that a BRANCHLOK  brand distribution piping removal system is present in the cooling tower. 

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 011 for Cooling towers and heat exchangers
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 03/31/2008 and first used in commerce at least as early as 03/31/2008, and is now in use in such commerce.

Proposed: Class 011 for Water distribution systems for use in cooling towers and heat exchangers
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 03/31/2008 and first used in commerce at least as early as 03/31/2008, 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: /Edward J. Brosius/      Date: 12/12/2008
Signatory's Name: Edward J. Brosius
Signatory's Position: Attorney of record, Illinois bar member

Response Signature
Signature: /Edward J. Brosius/     Date: 12/12/2008
Signatory's Name: Edward J. Brosius
Signatory's Position: Attorney of record, Illinois 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: 76690131
Internet Transmission Date: Fri Dec 12 11:28:37 EST 2008
TEAS Stamp: USPTO/ROA-XX.XX.XXX.XX-20081212112837827
674-76690131-4307353cfd495a64b32dfafac76
647582e7-N/A-N/A-20081212105627540376