| 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 |
77004189 |
| LAW OFFICE ASSIGNED |
LAW OFFICE 116 |
| MARK SECTION (no change) |
| GOODS AND/OR SERVICES SECTION (current) |
| INTERNATIONAL CLASS |
009 |
| DESCRIPTION |
| Computer software for providing an on-line database in the field of transaction processing to upload transactional data, provide statistical analysis, and produce
notifications and re ports |
| FILING BASIS |
Section 1(a) |
| FIRST USE ANYWHERE DATE |
At least as early as 06/01/2004 |
| FIRST USE IN COMMERCE DATE |
At least as early as 06/01/2004 |
| GOODS AND/OR SERVICES SECTION (proposed) |
| INTERNATIONAL CLASS |
009 |
| DESCRIPTION |
| Computer software for providing an on-line database in the field of transaction processing to upload transactional data, provide statistical analysis, and produce
notifications and re ports |
| FILING BASIS |
Section 1(a) |
| FIRST USE ANYWHERE DATE |
At least as early as 06/01/2004 |
| FIRST USE IN COMMERCE DATE |
At least as early as 06/01/2004 |
| STATEMENT TYPE |
"The substitute specimen(s) was in use in commerce as of the filing date of the application." |
SPECIMEN
FILE NAME(S) |
\\TICRS2\EXPORT12\770\041 \77004189\xml10\ROA0002.J PG |
| SPECIMEN DESCRIPTION |
Package, Unit, Instruction Manual |
| SIGNATURE SECTION |
| DECLARATION SIGNATURE |
/James Grandos/ |
| SIGNATORY'S NAME |
James Grandos |
| SIGNATORY'S POSITION |
CFO |
| DATE SIGNED |
05/10/2007 |
| RESPONSE SIGNATURE |
/James Grandos/ |
| SIGNATORY'S NAME |
James Grandos |
| SIGNATORY'S POSITION |
CFO |
| DATE SIGNED |
05/10/2007 |
| AUTHORIZED SIGNATORY |
YES |
| FILING INFORMATION SECTION |
| SUBMIT DATE |
Thu May 10 08:42:31 EDT 2007 |
| TEAS STAMP |
USPTO/ROA-XX.XXX.XXX.XX-2
0070510084231448516-77004
189-370cb6f12527b5747ff54
51949d2ab938-N/A-N/A-2007
0510083853003131 |
| 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.
77004189 has been amended as follows:
Classification and Listing of Goods/Services
Applicant hereby amends the following class of goods/services in the application as follows:
Current: Class 009 for Computer software for providing an on-line database in the field of transaction processing to upload transactional data, provide statistical analysis, and produce notifications
and re ports
Original Filing Basis: 1(a).
Proposed: Class 009 for Computer software for providing an on-line database in the field of transaction processing to upload transactional data, provide statistical analysis, and produce
notifications and re ports
Filing Basis: 1(a).
Section 1(a), Use in Commerce: The mark was first used at least as early as 06/01/2004 and first used in commerce at least as early as 06/01/2004, and is now in use in such commerce.
Applicant hereby submits a new specimen for Class 009.
The specimen(s) submitted consists of Package, Unit, Instruction Manual.
For an application based on 1(a), Use in Commerce, "The substitute specimen(s) was in use in commerce as of the filing date of the application."
Specimen File1
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: /James Grandos/ Date: 05/10/2007
Signatory's Name: James Grandos
Signatory's Position: CFO
Response Signature
Signature: /James Grandos/ Date: 05/10/2007
Signatory's Name: James Grandos
Signatory's Position: CFO
The signatory has confirmed that he/she is not represented by either an authorized attorney or Canadian attorney/agent, and that he/she is either (1) the applicant or (2) a person(s) with legal
authority to bind the applicant; and if an authorized U.S. attorney or Canadian attorney/agent previously represented him/her in this matter, either he/she has filed a signed revocation of power of
attorney with the USPTO or the USPTO has granted the request of his/her prior representative to withdraw.
Serial Number: 77004189
Internet Transmission Date: Thu May 10 08:42:31 EDT 2007
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XX-2007051008423144
8516-77004189-370cb6f12527b5747ff5451949
d2ab938-N/A-N/A-20070510083853003131
