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. 77119094 has been amended as follows:

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

 

Indefinite identification of services

 

          The Trademark Attorney suggested the following identification of services:

 

Distribution services, namely, delivery of filter elements for oil, gas, air and water industrial filtration units in International Class 39". 

 

          Applicant amends its application to accept the identification of services and wishes to continue to prosecute the application in a single class. 

 

Request for additional information

 

          Applicant states that the term "TPS" has no significance in relation to the applicant's services or in the relevant trade.

 

          The Trademark Attorney requested additional application from Applicant.  Applicant submits additional information.  Applicant submits advertisements.

 

 

EVIDENCE
Evidence in the nature of Three pages of advertisments has been attached.
Evidence-1
Evidence-2
Evidence-3

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant hereby deletes the following class of goods/services from the application.
Class 042 for Distribution services, namely supplying filter elements for oil, gas, air and water industrial filtration units

Applicant hereby adds the following class of goods/services to the application:
New: Class 039 (Original Class: 042 ) for Distribution services, namely delivery of filter elements for oil, gas, air and water industrial filtration units
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)).

SIGNATURE(S)
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: /charlesdgunterjr20490.0119/     Date: 10/21/2007
Signatory's Name: Charles D. Gunter, Jr.
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: 77119094
Internet Transmission Date: Sun Oct 21 11:48:02 EDT 2007
TEAS Stamp: USPTO/ROA-XX.XXX.XX.XXX-2007102111480279
3630-77119094-400ba8b82c1b89e5e8cbba960f
fd0d623-N/A-N/A-20071021113113180971