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. 77052420 has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 009 for Mobile telephones; LAN (local operating network) hardware, LAN (local operating network) software; Telephone answering machines; Facsimile machines; Bluetooth devices, namely, bluetooth modules, bluetooth Universal Serial Bus dongles, bluetooth headsets, bluetooth serial port adaptors and bluetooth bases stations; Liquid crystal displays; Hard disc drives; DVD players; Computer monitors; Computers; Computer pointing devices, namely, mouses and touch pads; Keyboard units and Membrane Keyboard units; Routers; Modems; Copy machines; Personal digital assistants; Audio and video devices, namely, stereos, CD players, radio speakers, cassette players, digital and MP3 players; Flat panel display screens; PDP plasma display panel; LCD large-screen displays; Photocopiers; Portable information terminal devices; Audio-visual equipment, namely, projecters, digital video cameras; digital still cameras; Televisions; Digital televisions; Car navigation computers; Radios; Audio equipment for vehicles, namely, stereos, speakers, amplifiers, cassette decks, CD players, equalizers, crossovers and speaker housings; Wireless POS (point of service) devices; Automated teller machines (ATM); Electronic vending machines for the issuing of tickets; Home theater systems, namely, televisions, LCD monitors, plasma monitors, DVD players and CD players; HDD+DVD recorders; Digital Versatile Disks; Headsets for telephones; Headsets for use with computers; Wireless communication handsets; Barcode scanners; Scanners; Full line of electrical components, namely, keyboard switches, switches, sockets, connectors, touch panels, ferrules, electric card assemblies, antennas, terminal boards, control panel units, telephone and computer jacks, mini jacks, power supply jacks, pin jacks, and modular jacks; Terminals, namely, speaker terminals, earth terminals, push terminals, screw terminals, and lever terminals; plugs, fuse holders, laser pointers, remote control units for televisions, stereos, DVD players, CD players, videocassette players and audio cassette players; Battery and electronic device charges, namely, alternating current chargers and direct current chargers, charger stands; converters, modulators, voltage selectors, cradles, video game controllers, microphones; Modules, namely, camera modules, power saving modules, power line communication modules; Radio frequency components; and LED units; Electric measuring devices; Amusement equipment, namely, arcade video game machines and video games
Original Filing Basis:
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 02/01/1985 and first used in commerce at least as early as 02/01/1985, and is now in use in such commerce.

Proposed: Class 009 for Mobile telephones; LAN hardware, LAN software; Telephone answering machines; Facsimile machines; Wireless network devices, namely, wireless network Universal Serial Bus dongles, headsets for use with wireless networked telephones, wireless network serial port adaptors and wireless network base stations; Liquid crystal displays; Computer hard disc drives; DVD players; Computer monitors; Computers; Computer pointing devices, namely, mouses and touch pads; Computer keyboards units computer membrane-keyboard units; Computer network routers; Modems; Personal digital assistants; Audio and video devices, namely, stereo receivers, CD players, radio speakers, audio cassette players, digital audio players, MP3 players; Flat panel display screens; PDP plasma display panel; LCD large-screen displays; Photocopiers; Portable information terminal devices, namely walkie-talkies and two-way radios; Audio-visual equipment, namely, movie projectors, video projectors, slide projectors, digital video cameras; digital still cameras; Televisions; Digital televisions; Car navigation computers; Radios; Audio equipment for vehicles, namely, stereos, speakers, amplifiers, equalizers, crossovers and speaker housings; Wireless POS devices; Automated teller machines (ATM); Electronic vending machines for the issuing of tickets; Home theater systems, comprising televisions, LCD monitors, plasma monitors, DVD players and CD players; hard disk drive recorders; DVD recorders; Blank digital versatile disks; Headsets for telephones; Headsets for use with computers; Wireless communication handsets; Barcode scanners; Scanners; Full line of electrical components, namely, keyboard switches, switches, sockets, connectors, touch panels, ferrules, electric card assemblies, antennas, terminal boards, control panels, telephone and computer jacks, mini jacks, power supply jacks, pin jacks, and modular jacks; Connective electrical termnals for use in audio and video devices; Speaker terminals, for use in connecting speakers of an audio system; Screw-type terminals, connective terminals with screw-type connective parts, used to connect audio and video devices; Push and lever terminals, used to connect audio and video devices; Voltage regulators for electric power; Voltage monitor modules; Voltage stabilizers; Electrical fuses; Cameral modules, namely, a modular component incorporated into mobile devices such as cell phones, and is capable of processing images taken via its lens and outputting them through electronic signals; Electronic modules used to control and limit power usage in household appliancee; Power line communications module; for use in converting power lines into transmission paths for network data communications and the control of houselhold appliances; Electric plugs, laser pointers, remote control units for televisions, stereos, DVD players, CD players, videocassette players and audio cassette players; Battery and electronic device charges, namely, alternating current chargers and direct current chargers, charger stands; current converters, current modulators, electrical mounting cradles, video game interactive remote control units, microphones; Radio frequency identification tag readers; light emitting diode displays; Electric measuring devices.
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 02/01/1985 and first used in commerce at least as early as 02/01/1985, and is now in use in such commerce.
ADDITIONAL STATEMENTS
In light of the Examiner's comments, Applicant has deleted "amusement equipment," and has modified the term "cradle" to "electrical mounting cradles." We have also deleted the term "earth terminals." Additional changes have been made as requested, and are incorporated above.

Significance of wording, letter(s), or numeral(s)
"SMK appearing in the mark has no significance in the relevant trade or industry or as applied to the goods/services listed in the application, no geographical significance, nor any meaning in a foreign language."

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: /john e. russell/      Date: 10/01/2007
Signatory's Name: John E. Russell
Signatory's Position: Attorney for Applicant

Response Signature
Signature: /john e. russell/     Date: 10/01/2007
Signatory's Name: John E. Russell
Signatory's Position: Attorney for Applicant

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: 77052420
Internet Transmission Date: Mon Oct 01 19:57:48 EDT 2007
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XXX-200710011957482
70106-77052420-40082aff066cb5621aeb69ee3
7d7b50115f-N/A-N/A-20071001183935764998