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. 77006078 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 administration of computer local area networks; Computer software for computer system and application development, deployment and management; Computer software platforms for bandwidth management, wireless network management, firewall log analysis, event log analysis, active directory management, network configuration management, voice over IP monitoring, storage management, remote network management
Original Filing Basis: 1(a).
Proposed: Class 009 for Computer software for administration of computer local area networks; Computer software for computer system and application development, deployment and management; Computer software platforms for bandwidth management, wireless network management, firewall log analysis, event log analysis, active directory management, network configuration management, voice over IP monitoring, storage management, remote network management
Filing Basis: 1(a).
Section 1(a), Use in Commerce: The mark was first used at least as early as 04/01/2002 and first used in commerce at least as early as 09/03/2002, and is now in use in such commerce.
Applicant hereby submits a new specimen for Class 009.
The specimen(s) submitted consists of First Image is a screenprint of the Login page to the Web Client of a Software under the ManageEngine brand and using the MMM Logo, as installed on a local server. Second Image is a screenprint of the home page of the web portal http://manageengine.com from which the products under the ManageEngine brand can be downloaded. Third Image is a screenprint of a ManageEngine Software displaying the results of switchports mapped using the Software..
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
Specimen File2
Specimen File3


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: /S Vembu/      Date: 02/12/2007
Signatory's Name: Sridhar Vembu
Signatory's Position: Chief Executive Officer

Response Signature
Signature: /S Vembu/     Date: 02/12/2007
Signatory's Name: Sridhar Vembu
Signatory's Position: Chief Executive Officer
        
Serial Number: 77006078
Internet Transmission Date: Mon Feb 12 09:50:16 EST 2007
TEAS Stamp: USPTO/ROA-XX.XX.XX.XXX-20070212095016185
265-77006078-3602f126c98418a653f82e16325
18de7c5a-N/A-N/A-20070212094207001756