Response to Office Action

WESTBURY

Digger Specialties, Inc.

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 77312945
LAW OFFICE ASSIGNED LAW OFFICE 102
MARK SECTION (no change)
GOODS AND/OR SERVICES SECTION (current)
INTERNATIONAL CLASS 006
DESCRIPTION aluminum fence railing system and products
FILING BASIS Section 1(b)
GOODS AND/OR SERVICES SECTION (proposed)
INTERNATIONAL CLASS 006
DESCRIPTION
Aluminum guard rails, aluminum railings for fences, bars for metal railings, metal fence rail clamps, metal fence panels, metal fence posts, metal fence stays
FILING BASIS Section 1(b)
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 /mvallone/
SIGNATORY'S NAME Melissa A. Vallone
SIGNATORY'S POSITION Attorney
DATE SIGNED 08/04/2008
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Mon Aug 04 12:06:51 EDT 2008
TEAS STAMP USPTO/ROA-XX.XXX.XXX.XX-2
0080804120651697236-77312
945-420ec3c395c4f47962c7e
68b3e5e6fafcbf-N/A-N/A-20
080804120343256540



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. 77312945 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 006 for aluminum fence railing system and products
Original Filing Basis:
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)).

Proposed: Class 006 for Aluminum guard rails, aluminum railings for fences, bars for metal railings, metal fence rail clamps, metal fence panels, metal fence posts, metal fence stays
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: /mvallone/     Date: 08/04/2008
Signatory's Name: Melissa A. Vallone
Signatory's Position: Attorney

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: 77312945
Internet Transmission Date: Mon Aug 04 12:06:51 EDT 2008
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XX-2008080412065169
7236-77312945-420ec3c395c4f47962c7e68b3e
5e6fafcbf-N/A-N/A-20080804120343256540



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