Response to Office Action

ASD

J.H. Fenner & Co. Limited

Response to Office Action

PTO Form 1957 (Rev 9/2005)
OMB No. 0651-0050 (Exp. 04/2009)

Response to Office Action


The table below presents the data as entered.

Input Field
Entered
SERIAL NUMBER 77060077
LAW OFFICE ASSIGNED LAW OFFICE 116
MARK SECTION (no change)
GOODS AND/OR SERVICES SECTION (035)(current)
INTERNATIONAL CLASS 035
DESCRIPTION
Distributorship services in the field of conveyor belts and conveyor belt systems services
FILING BASIS Section 1(a)
        FIRST USE ANYWHERE DATE At least as early as 04/30/2002
        FIRST USE IN COMMERCE DATE At least as early as 04/30/2002
GOODS AND/OR SERVICES SECTION (035)(proposed)
INTERNATIONAL CLASS 035
DESCRIPTION Distributorship services in the field of conveyor belts.
FILING BASIS Section 1(a)
        FIRST USE ANYWHERE DATE At least as early as 04/30/2002
        FIRST USE IN COMMERCE DATE At least as early as 04/30/2002
GOODS AND/OR SERVICES SECTION (037)(class added)
INTERNATIONAL CLASS 037
DESCRIPTION
Servicing of conveyor belts, namely, maintenance and repair of conveyor belts.
FILING BASIS Section 1(a)
        FIRST USE ANYWHERE DATE At least as early as 04/30/2002
        FIRST USE IN COMMERCE DATE At least as early as 04/30/2002
        STATEMENT TYPE "The substitute specimen(s) was in use in commerce as of the filing date of the application."
        SPECIMEN
        FILE NAME(S)
\\TICRS2\EXPORT13\770\600 \77060077\xml1\ROA0002.JP G
        SPECIMEN DESCRIPTION brochure
ADDITIONAL STATEMENTS SECTION
SIGNIFICANCE OF MARK "ASD 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."
PAYMENT SECTION
NUMBER OF CLASSES 1
FEE PER CLASS 325
TOTAL FEES DUE 325
SIGNATURE SECTION
DECLARATION SIGNATURE The filing Attorney has elected not to submit the signed declaration, believing no supporting declaration is required under the Trademark Rules of Practice.
RESPONSE SIGNATURE /mpg/
SIGNATORY'S NAME Michelle P. Gallon
SIGNATORY'S POSITION Attorney for Applicant
DATE SIGNED 06/08/2007
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Fri Jun 08 15:44:47 EDT 2007
TEAS STAMP USPTO/ROA-XX.XXX.XX.XXX-2
0070608154447206765-77060
077-370be464eafa3c1c1ccc2
27898b72332b9-DA-763-2007
0608144731384621



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. 77060077 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 035 for Distributorship services in the field of conveyor belts and conveyor belt systems services
Original Filing Basis: 1(a).
Proposed: Class 035 for Distributorship services in the field of conveyor belts.
Filing Basis: 1(a).
Applicant hereby adds the following class of goods/services to the application:
New:
Class 037 for Servicing of conveyor belts, namely, maintenance and repair of conveyor belts.
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 04/30/2002 and first used in commerce at least as early as 04/30/2002, and is now in use in such commerce.
Applicant hereby submits a specimen for Class 037.
The specimen(s) submitted consists of brochure.
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
Additional Statements

"ASD 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."

Fees
Fee(s) in the amount of $325 is being submitted.


Declaration Signature
I hereby elect to bypass the submission of a signed declaration, because I believe a declaration is not required by the rules of practice. I understand that the examining attorney could still, upon later review, require a signed declaration.
Response Signature
Signature: /mpg/     Date: 06/08/2007
Signatory's Name: Michelle P. Gallon
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.
        
RAM Sale Number: 763
RAM Accounting Date: 06/11/2007
        
Serial Number: 77060077
Internet Transmission Date: Fri Jun 08 15:44:47 EDT 2007
TEAS Stamp: USPTO/ROA-XX.XXX.XX.XXX-2007060815444720
6765-77060077-370be464eafa3c1c1ccc227898
b72332b9-DA-763-20070608144731384621


Response to Office Action [image/jpeg]

Response to Office Action [image/jpeg]


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