PTO Form 1957 (Rev 9/2005) |
OMB No. 0651-0050 (Exp. 04/2009) |
Response to Office Action
The table below presents the data as entered.
Input Field
|
Entered
|
SERIAL NUMBER |
76690996 |
LAW OFFICE ASSIGNED |
LAW OFFICE 112 |
MARK SECTION (no change) |
GOODS AND/OR SERVICES SECTION (current) |
INTERNATIONAL CLASS |
009 |
DESCRIPTION |
Electronic systems for power measuring, metering and monitoring for renewable electricity generating devices, namely, wind turbines and
solar panels |
FILING BASIS |
Section 1(a) |
FIRST USE ANYWHERE DATE |
At least as early as 11/20/2006 |
FIRST USE IN COMMERCE DATE |
At least as early as 11/20/2006 |
FILING BASIS |
Section 44(e) |
FOREIGN REGISTRATION
COUNTRY |
Canada |
STANDARD CHARACTERS
OR EQUIVALENT |
NO |
GOODS AND/OR SERVICES SECTION (proposed) |
INTERNATIONAL CLASS |
009 |
DESCRIPTION |
Electronic systems comprised of electronic components and software for power measuring, metering and monitoring for renewable
electricity generating devices, namely, wind turbines and solar panels |
FILING BASIS |
Section 1(a) |
FIRST USE ANYWHERE DATE |
At least as early as 11/20/2006 |
FIRST USE IN COMMERCE DATE |
At least as early as 11/20/2006 |
FILING BASIS |
Section 44(e) |
FOREIGN REGISTRATION
COUNTRY |
Canada |
ADDITIONAL STATEMENTS SECTION |
MISCELLANEOUS STATEMENT |
The Canadian registration is not yet available. Applicant intends to rely on the Canadian registration. Applicant is a corporation formed
under Canada's corporation laws. |
SIGNATURE SECTION |
DECLARATION SIGNATURE |
/R. Kent Roberts/ |
SIGNATORY'S NAME |
R. Kent Roberts |
SIGNATORY'S POSITION |
Attorney |
DATE SIGNED |
12/30/2008 |
RESPONSE SIGNATURE |
/R. Kent Roberts/ |
SIGNATORY'S NAME |
R. Kent Roberts |
SIGNATORY'S POSITION |
Attorney |
DATE SIGNED |
12/30/2008 |
AUTHORIZED SIGNATORY |
YES |
FILING INFORMATION SECTION |
SUBMIT DATE |
Tue Dec 30 09:57:21 EST 2008 |
TEAS STAMP |
USPTO/ROA-XXX.XXX.X.XXX-2
0081230095721854773-76690
996-4307adb1811b3444bf1ab
56e79babdfecd-N/A-N/A-200
81230092732327973 |
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.
76690996 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 Electronic systems for power measuring, metering and monitoring for renewable electricity generating devices, namely, wind turbines and solar panels
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 11/20/2006 and first used in commerce at least as early as 11/20/2006, and is
now in use in such commerce.
Filing Basis: Section 44(e), Based on Foreign Registration: Applicant has a bona fide intention to use the mark in commerce on or in connection with the identified goods and /or services, and
submits a copy of [ Canada registration number __________ registered __________ with a renewal date of __________ and an expiration date of __________ ], and translation thereof, if appropriate. 15
U.S.C. Section 1126(e), as amended.
Proposed: Class 009 for Electronic systems comprised of electronic components and software for power measuring, metering and monitoring for renewable electricity generating devices, namely,
wind turbines and solar panels
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 11/20/2006 and first used in commerce at least as early as 11/20/2006, and is
now in use in such commerce.
Filing Basis: Section 44(e), Based on Foreign Registration: Applicant has a bona fide intention to use the mark in commerce on or in connection with the identified goods and /or services, and
will submit a copy of [ Canada registration number __________ registered __________ with a renewal date of __________ and an expiration date of __________ ], and translation thereof, if appropriate,
before the application may proceed to registration. 15 U.S.C. Section 1126(e), as amended.
ADDITIONAL STATEMENTS
The Canadian registration is not yet available. Applicant intends to rely on the Canadian registration. Applicant is a corporation formed under Canada's corporation laws.
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: /R. Kent Roberts/ Date: 12/30/2008
Signatory's Name: R. Kent Roberts
Signatory's Position: Attorney
Response Signature
Signature: /R. Kent Roberts/ Date: 12/30/2008
Signatory's Name: R. Kent Roberts
Signatory's Position: Attorney
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: 76690996
Internet Transmission Date: Tue Dec 30 09:57:21 EST 2008
TEAS Stamp: USPTO/ROA-XXX.XXX.X.XXX-2008123009572185
4773-76690996-4307adb1811b3444bf1ab56e79
babdfecd-N/A-N/A-20081230092732327973