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. 77398807 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 021 for Soda siphon, CO2 soda chargers, cream whippers, and cream chargers
Original Filing Basis:
Filing Basis: 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 08/28/1998 and first used in commerce at least as early as 10/12/2006, and is now in use in such commerce.

Proposed: Class 021 for Gas pressurized beverage siphon containers, namely, cream whippers, cream pitchers and soda water holders and gas cartridges sold empty; soda siphons; CO2 soda chargers; and cream chargers
Filing Basis: 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 08/28/1998 and first used in commerce at least as early as 10/12/2006, and is now in use in such commerce.
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 035 for Import-export agencies, services for providing business information, bidding, services for providing quotation, purchase services for other people
Original Filing Basis:
Filing Basis: 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 08/28/1998 and first used in commerce at least as early as 10/12/2006, and is now in use in such commerce.

Proposed: Class 035 for Import-export agencies; business information management; bidding quotation; procurement, namely, purchasing cream and food whippers, soda siphons and cream and soda chargers for others
Filing Basis: 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 08/28/1998 and first used in commerce at least as early as 10/12/2006, and is now in use in such commerce.
Applicant hereby submits a new specimen for Class 035. The specimen(s) submitted consists of communication letters and business invoices between Applicant and it's customers.
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."
Original PDF file:
SPU1-69106241150-160115145_._08-11-1-specimen_1.pdf
Converted PDF file(s) (1 page)
Specimen File1
Original PDF file:
SPU1-69106241150-160115145_._08-11-1-specimen_2.pdf
Converted PDF file(s) (1 page)
Specimen File1
Original PDF file:
SPU1-69106241150-160115145_._08-11-1-specimen_4.pdf
Converted PDF file(s) (1 page)
Specimen File1
Original PDF file:
SPU1-69106241150-160115145_._08-11-1-specimen_5.pdf
Converted PDF file(s) (1 page)
Specimen File1

ADDITIONAL STATEMENTS
Applicant's products sold or exported can be found in following websites: http://www.isinorthamerica.com/foodservice/whippers.shtml, http://tinyurl.com/6f6aou, and http://tinyurl.com/5vnt3w.

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: /lin-yun cheng/      Date: 11/27/2008
Signatory's Name: Lin-Yun Cheng
Signatory's Position: Attorney of record, New York bar member.

Response Signature
Signature: /lin-yun cheng/     Date: 11/27/2008
Signatory's Name: Lin-Yun Cheng
Signatory's Position: Attorney of record, New York bar member.

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: 77398807
Internet Transmission Date: Thu Nov 27 16:23:55 EST 2008
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XXX-200811271623550
29046-77398807-430132f5cf26343a3ff32f1bb
ba2559eb8-N/A-N/A-20081127160115145788