Response to Office Action

PTO Form 1957 (Rev 9/2005)

OMB No. 0651-0050 (Exp. 07/31/2017)

---

PTO Form 1957 (Rev 9/2005)

OMB No. 0651-0050 (Exp. 07/31/2017)

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 76712054 PB-VUE(Standard Characters, see http://tess2.gov.uspto.report/ImageAgent/ImageAgentProxy?getImage=76712054) 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 combination of hardware and software for monitoring and controlling the operation of powerbuoys
Original Filing Basis:
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant.

Proposed:
Tracked Text Description: combination of hardware and software for monitoring and controlling the operation of powerbuoys; Combination of hardware, such as sensors located on or about a power buoy, for sensing conditions (e.g., climate and wave conditions) and also the status of components of the power buoy and generating corresponding signals indicative of the conditions and status; and operating software responsive to the generated signals for monitoring and controlling the operation of the power buoy.¶
The term power buoy, as used herein, refers to a device located in a body of water which converts the energy in the waves to electrical energy. The device may be configured in many different ways. The trademark may be affixed to a part of the device or to a conainer containing the device or in promotional materialClass 009 for Combination of hardware, such as sensors located on or about a power buoy, for sensing conditions (e.g., climate and wave conditions) and also the status of components of the power buoy and generating corresponding signals indicative of the conditions and status; and operating software responsive to the generated signals for monitoring and controlling the operation of the power buoy. The term power buoy, as used herein, refers to a device located in a body of water which converts the energy in the waves to electrical energy. The device may be configured in many different ways. The trademark may be affixed to a part of the device or to a conainer containing the device or in promotional material
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant.

SIGNATURE(S)
Response Signature
Signature: /henry schanzer/     Date: 03/14/2013
Signatory's Name: Henry I. Schanzer
Signatory's Position: Attorney of record of NJ

Signatory's Phone Number: 732-572-3984

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: 76712054
Internet Transmission Date: Thu Mar 14 22:33:44 EDT 2013
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XXX-201303142233445
55639-76712054-500996554bafd4eb41488e350
8f3251237e06f917b63af970b3e8d12e56ecbcf4
-N/A-N/A-20130314214619628648