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. 77036419 has been amended as follows:
Argument(s)
In response to the substantive refusal(s), please note the following:

IDENTIFICATION OF GOODS

The Examining Attorney has objected to several of the goods identified in the instant application as being indefinite.  However, Applicant avers that although the goods are not listed in the US PTO ID Manual, the goods are nevertheless the common commercial names for such goods.  Therefore, the description of goods satisfies the general guidelines set forth in TMEP Section 1402.01(a).  Applicant also avers that the goods set forth in the instant application are all properly classified in International Class 20 which covers "furniture and articles not otherwise classified" in the Nice Union classes.  Consequently, the Examining Attorney’s requirements in this regard are not justified and will not be agreed to at this time.

Classification and Listing of Goods/Services
Applicant hereby deletes the following class of goods/services from the application.
Class 018 for bags; backpacks; messenger bags; camera bags; purses; trunks; footlockers; attaché cases; travel valet bags; cosmetic cases sold empty; locks; carabineer locks; locks and keys therefor; lunch kits; lunch boxes; textile lunch boxes; lunch pails

Applicant hereby adds the following class of goods/services to the application:
New:
Class 020 (Original Class: 018 ) for bags; backpacks; messenger bags; camera bags; purses; trunks; footlockers; attaché cases; travel valet bags; cosmetic cases sold empty; locks; carabiner locks; locks and keys therefor; lunch kits; lunch boxes; textile lunch boxes; lunch pails
Section 1(b), 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)).

Response Signature
Signature: /jmenker/     Date: 06/18/2007
Signatory's Name: James R. Menker
Signatory's Position: Attorney of record

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: 77036419
Internet Transmission Date: Mon Jun 18 23:51:17 EDT 2007
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XX-2007061823511796
1506-77036419-370cd81a4578199e2b93be0b39
aef7f236-N/A-N/A-20070618232828985787