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. 77201487 has been amended as follows:

ARGUMENT(S)
In response to the substantive refusal(s), please note the following:
Evidence in the nature of 3 PDF files: ROA.pdf, CDM_Home.pdf, and CDM_Products.pdf has been attached.



EVIDENCE
Evidence in the nature of Prior response this date failed to include amended listing cited in arguments referred to in Evidence section. This submission adds amended listing below. has been attached.
Original PDF file:
evi_151200127127-183305876_._ROA.pdf
Converted PDF file(s) (1 page)
Evidence-1
Original PDF file:
evi_151200127127-183305876_._CDM_Home.pdf
Converted PDF file(s) (1 page)
Evidence-1
Original PDF file:
evi_151200127127-183305876_._CDM_Products.pdf
Converted PDF file(s) (1 page)
Evidence-1

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 009 for Computer software for automated sorting of data tables
Original Filing Basis:
Proposed: Class 009 for Computer software for construction of local user-created databases used to selectively display data tables that can be automatically sorted to rapidly display all possible permutations for visual analysis of parameter values.
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
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: /Robert Listou/      Date: 10/02/2007
Signatory's Name: Robert Listou
Signatory's Position: President, Execware, Inc.

Response Signature
Signature: /Robert Listou/     Date: 10/02/2007
Signatory's Name: Robert Listou
Signatory's Position: President, Execware, Inc.

The signatory has confirmed that he/she is not represented by either an authorized attorney or Canadian attorney/agent, and that he/she is either (1) the applicant or (2) a person(s) with legal authority to bind the applicant; and if an authorized U.S. attorney or Canadian attorney/agent previously represented him/her in this matter, either he/she has filed a signed revocation of power of attorney with the USPTO or the USPTO has granted the request of his/her prior representative to withdraw.

        
Serial Number: 77201487
Internet Transmission Date: Tue Oct 02 18:52:28 EDT 2007
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.XXX-20071002185228
530175-77201487-40085468ed644e94ea51ef18
6444b11b1a3-N/A-N/A-20071002183305876474