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. 77351242 has been amended as follows:

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

Regarding the refusal under sections 1, 2, 3, and 45, Applicant has amended the description of goods/services essentially as requested in the Office Action.

With respect to the requirement that Applicant change the classification of services to international class 45, this has been done herein.

With respect to the Unacceptable specimen, this issue has been obviated by the change of this application to an Intent-To-Use application under section 1(b).  Accordingly, no specimen is presently needed.

Finally, with respect to the requirement for a signed declaration, this requirement has been obviated by the conversion of this application herein from a section 1(a) application to a section 1(b) application.  Applicant instead submits herewith a proper declaration for a section 1(b) application attesting to the bona fide intent to use the mark.

 

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant hereby deletes the following class of goods/services from the application.
Class 042 for Licensing and sale of intellectual property rights in inventions

Applicant hereby adds the following class of goods/services to the application:
New: Class 045 (Original Class: 042 ) for Licensing of intellectual property rights in inventions
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: /Alfred F. Contarino Jr./      Date: 07/30/2008
Signatory's Name: Alfred F. Contarino Jr.
Signatory's Position: Owner

Response Signature
Signature: /Theodore Naccarella/     Date: 07/30/2008
Signatory's Name: Theodore Naccarella
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: 77351242
Internet Transmission Date: Wed Jul 30 17:22:14 EDT 2008
TEAS Stamp: USPTO/ROA-XX.XXX.XX.XXX-2008073017221415
5913-77351242-420c94282dbf8846fcb8d73db6
1f4fcb7a8-N/A-N/A-20080730164018417794