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. 77011786 has been amended as follows:

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

                        Applicant has amended its Class 35 identification of services.  The Examiner’s assistance in formulating proper identification of services is appreciated. 

                        Applicant is hereby amending the application to transfer the mark from the Principal Register to the Supplemental Register, as recommended by the Examiner.  In support of the Amendment to the Supplemental Register, Applicant has filed concurrently an Amendment to Allege Use.

                         Inasmuch as a search of the Office’s records has not found any similar registered or pending mark, which would bar registration to Applicant, transfer to the Supplemental Register and issuance of the registration is respectfully requested.

                        The Examiner is invited to telephone the undersigned if further questions regarding the designation of Applicant’s goods remain.

                        The Commissioner is hereby authorized to charge any fees under 37 C.F.R. 2.6 which may be required by this paper, or to credit any overpayment to Deposit Account No. 50-1287.

 

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 035 for internet website that offers industrial hose and hose-related products
Original Filing Basis:
Filing Basis: Section 1(b), Intent to Use: The applicant has 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. (15 U.S.C. Section 1051(b)).

Proposed: Class 035 for on-line retail store services featuring industrial hose and hose-related products
Filing Basis: Section 1(b), Intent to Use: The applicant has 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. (15 U.S.C. Section 1051(b)).

ADDITIONAL STATEMENTS
Supplemental Register
"The applicant seeks registration of the mark on the Supplemental Register (i.e., a change of the words 'Principal Register' to 'Supplemental Register')." NOTE: The applicant has separately filed an Allegation of Use, to change the basis of this application from Section 1(b), intent-to-use, to Section 1(a), use in 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: /justin long tlf/      Date: 08/20/2007
Signatory's Name: Justin Long
Signatory's Position: President

Response Signature
Signature: /matthew r. jenkins tlf/     Date: 08/20/2007
Signatory's Name: Matthew R. Jenkins
Signatory's Position: Applicant's 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: 77011786
Internet Transmission Date: Mon Aug 20 15:28:24 EDT 2007
TEAS Stamp: USPTO/ROA-XX.XXX.XX.XX-20070820152824527
988-77011786-3806d7b871141aeb0f9c1a2ec10
d0daf7b-N/A-N/A-20070820151725180403