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. 77021159 has been amended as follows:
Argument(s)
In response to the substantive refusal(s), please note the following:

Wherefore, Applicant respectfully requests that the application, as amended, be approved for publication on the Principal Register.   Applicant does not believe that any fee is due with this Response.  If such fee is due, the Examining Attorney is authorized to debit the amount from Deposit Account No. 501791. 

 

Respectfully submitted,

 

/David V. Ayres/

 

Garmin Ltd.  (Applicant)

Attorney

(913) 440-2386

Date:  06/08/2007

 

Classification and Listing of Goods/Services

Applicant hereby amends the following class of goods/services in the application as follows:
Current: Class 009 for Satellite Navigation Systems, namely, a global positioning system (GPS); Electronic navigational devices, namely, global positioning satellite (GPS) based navigation receivers; electronic depth sounders; portable communication devices, namely, radio transceivers and wireless telephones; pre-recorded CD-ROMs and cartridges featuring digital map data and software for facilitating use of GPS based navigation receivers, radio transceivers and wireless telephone; Global positioning systems comprised of computers, transmitters, network interface, GPS receivers, antennas, and a LCD display; Automobile navigation apparatus featuring GPS receivers, digital map displays and turn-by-turn instructions; electronic marine navigation products, namely, chart plotters and sonar depth sounders; avionics, namely, portable and panel mounted electronic navigation instruments for assisting a pilot in navigating an aircraft, primary flight displays and multi-function flight displays; GPS receivers; portable GPS devices, namely, electronic instruments for determining and outputting position and speed; marine electronic apparatus, namely, marine sonar fish finders; electronic chart plotters; wireless communications radios; wireless communications radios featuring a GPS receiver; personal digital assistants featuring a GPS receiver and electronic maps; satellite radio receivers; electronic navigation devices, namely, GPS receivers having an electronic compass; electronic navigation devices namely, GPS receivers having an altimeter; electronic storage media, namely, CD-ROMs, DVDs, discs and cards containing map data; and navigation software for calculating and displaying route; Avionics, communications, navigational and vehicle monitoring equipment, namely, radio, navigational and global positioning system receivers; data radio communications transceivers, data processors and data processing consoles; Theft deterrent software sold as a component of global positioning system (GPS) unit; Computer software to enable the transmission of mapping, navigation, traffic, weather and point-of-interest information to telecommunications networks, cellular telephones and navigation devices; Computer software for the marking and uploading of information about places of interest to a global positioning system, and retrieval of this information via audio transmission and visual display, sold as a component of a global positioning system unit; Computer software for inputting, storing, processing or outputting personal exercise or fitness information; Portable personal navigation devices; portable personal navigation devices featuring travel guide features, language translation features, dictionary features and audible book-player features; Wireless two-way radios; and electronic handheld devices, namely, a combination two-way radio and GPS receiver; Feature of a global positioning system (GPS) to allow enhanced satellite acquisition, sold as a component part of the global positioning system; Motorcycle navigation system featuring GPS receiver, digital map displays and turn-by-turn instructions; Handheld global positioning system (GPS) consisting of computers, computer software, transmitters, receivers and network interface devices; FM band radio receivers; Electric cables; Battery packs; Antennas; Protective carrying cases for GPS units; and electronic pet products, namely a global positioning system used to locate pets, consisting of a GPS receiver and a transmitter worn by the pet that transmits to a receiver held by the pet owner
Original Filing Basis: 1(b).
Proposed: Class 009 for Satellite Navigation Systems, namely, a global positioning system (GPS); Electronic navigational devices, namely, global positioning satellite (GPS) based navigation receivers; electronic depth sounders; portable communication devices, namely, radio transceivers and wireless telephones; pre-recorded CD-ROMs and cartridges featuring digital map data and software for facilitating use of GPS based navigation receivers, radio transceivers and wireless telephone; Global positioning systems comprised of computers, transmitters, network interface devices, GPS receivers, antennas, and a LCD display; Automobile navigation apparatus featuring GPS receivers, digital map displays and turn-by-turn instructions; electronic marine navigation products, namely, chart plotters and sonar depth sounders; avionics, namely, portable and panel mounted electronic navigation instruments for assisting a pilot in navigating an aircraft, primary flight displays and multi-function flight displays; GPS receivers; portable GPS devices, namely, electronic instruments for determining and outputting position and speed; marine electronic apparatus, namely, marine sonar fish finders; electronic chart plotters; wireless communications radios; wireless communications radios featuring a GPS receiver; personal digital assistants featuring a GPS receiver and electronic maps; satellite radio receivers; electronic navigation devices, namely, GPS receivers having an electronic compass; electronic navigation devices namely, GPS receivers having an altimeter; electronic storage media, namely, CD-ROMs, DVDs, discs and cards containing map data; and navigation software for calculating and displaying route; Avionics, communications, navigational and vehicle monitoring equipment, namely, radio, navigational and global positioning system receivers; data radio communications transceivers, data processors and data processing consoles; Theft deterrent software sold as a component of global positioning system (GPS) unit; Computer software to enable the transmission of mapping, navigation, traffic, weather and point-of-interest information to telecommunications networks, cellular telephones and navigation devices; Computer software for the marking and uploading of information about places of interest to a global positioning system, and retrieval of this information via audio transmission and visual display, sold as a component of a global positioning system unit; Computer software for inputting, storing, processing or outputting personal exercise or fitness information; Portable personal navigation devices; portable personal navigation devices featuring travel guide features, language translation features, dictionary features and audible book-player features; Wireless two-way radios; and electronic handheld devices, namely, a combination two-way radio and GPS receiver; computer software, namely an application allowing enhanced satellite acquisition, sold as a component part of a global positioning system (GPS); Motorcycle navigation system featuring GPS receiver, digital map displays and turn-by-turn instructions; Handheld global positioning system (GPS) consisting of computers, computer software, transmitters, receivers and network interface devices; FM band radio receivers; Electric cables; Battery packs; Antennas; Protective carrying cases for GPS units; and electronic pet products, namely a global positioning system used to locate pets, consisting of a GPS receiver and a transmitter worn by the pet that transmits to a receiver held by the pet owner
Filing Basis: 1(b).
Additional Statements

"Applicant claims ownership of U.S. Registration Number(s) 2288989, 2949731, 3107462."

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: /David V. Ayres/      Date: 06/08/2007
Signatory's Name: David V. Ayres
Signatory's Position: Attorney

Response Signature
Signature: /David V. Ayres/     Date: 06/08/2007
Signatory's Name: David V. Ayres
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: 77021159
Internet Transmission Date: Fri Jun 08 13:04:18 EDT 2007
TEAS Stamp: USPTO/ROA-XX.XX.XX.XX-200706081304181743
46-77021159-37038ad4b832073d1d9f469e6c67
0723d37-N/A-N/A-20070608125617743899