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 |
77407493 |
LAW OFFICE ASSIGNED |
LAW OFFICE 117 |
MARK SECTION (no change) |
ARGUMENT(S) |
Filing Basis
The application as originally filed specified both an intent to use basis (Section 1(b)) and a claim of priority under Section 44(d). Applicant herewith requests that the filing basis
be amended to use based pursuant to Section 1(a). Applicant is concurrently filing an Amendment to Allege Use wherein the requisite dates of first use and specimens are provided.
Accordingly, Applicant no longer intends to rely on Section 1(b) or Section 44 as a basis for filing the subject application.
|
GOODS AND/OR SERVICES SECTION (current) |
INTERNATIONAL CLASS |
012 |
DESCRIPTION |
Vehicles and parts thereof |
FILING BASIS |
Section 1(b) |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
MI2007C00909 |
FOREIGN APPLICATION COUNTRY |
Italy |
FOREIGN FILING DATE |
09/03/2007 |
GOODS AND/OR SERVICES SECTION (proposed) |
INTERNATIONAL CLASS |
012 |
DESCRIPTION |
Motor vehicles and structural parts thereof |
FILING BASIS |
Section 1(b) |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
MI2007C00909 |
FOREIGN APPLICATION COUNTRY |
Italy |
FOREIGN FILING DATE |
09/03/2007 |
ADDITIONAL STATEMENTS SECTION |
PRIOR REGISTRATION(S) |
Applicant claims ownership of U.S. Registration Number(s) 1375514, 1149229, 1622382 and others. |
SIGNATURE SECTION |
DECLARATION SIGNATURE |
/lea/ |
SIGNATORY'S NAME |
Lawrence E. Abelman |
SIGNATORY'S POSITION |
Attorney of record |
DATE SIGNED |
11/07/2008 |
RESPONSE SIGNATURE |
/lea/ |
SIGNATORY'S NAME |
Lawrence E. Abelman |
SIGNATORY'S POSITION |
Attorney of record |
DATE SIGNED |
11/07/2008 |
AUTHORIZED SIGNATORY |
YES |
FILING INFORMATION SECTION |
SUBMIT DATE |
Fri Nov 07 10:03:41 EST 2008 |
TEAS STAMP |
USPTO/ROA-XXX.XX.XX.XX-20
081107100341625479-774074
93-4301b4eba8ab3115c5255d
243a2243d787-N/A-N/A-2008
1107095130738518 |
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.
77407493 has been amended as follows:
ARGUMENT(S)
In response to the substantive refusal(s), please note the following:
Filing Basis
The application as originally filed specified both an intent to use basis (Section 1(b)) and a claim of priority under Section 44(d). Applicant herewith requests that the filing basis
be amended to use based pursuant to Section 1(a). Applicant is concurrently filing an Amendment to Allege Use wherein the requisite dates of first use and specimens are provided.
Accordingly, Applicant no longer intends to rely on Section 1(b) or Section 44 as a basis for filing the subject application.
CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 012 for Vehicles and parts thereof
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)).
Filing Basis: Section 44(d), Priority based on foreign filing: Applicant has a bona fide intention to use the mark in commerce on or in connection with the identified goods and/or services,
and asserts a claim of priority based on [Italy application number MI2007C00909 filed 09/03/2007]. 15 U.S.C.Section 1126(d), as amended.
Proposed: Class 012 for Motor vehicles and structural parts thereof
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)).
Filing Basis: Section 44(d), Priority based on foreign filing: Applicant has a bona fide intention to use the mark in commerce on or in connection with the identified goods and/or services,
and asserts a claim of priority based on [Italy application number MI2007C00909 filed 09/03/2007]. 15 U.S.C.Section 1126(d), as amended.
ADDITIONAL STATEMENTS
Claim of Prior Registration(s)
Applicant claims ownership of U.S. Registration Number(s) 1375514, 1149229, 1622382 and others.
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: /lea/ Date: 11/07/2008
Signatory's Name: Lawrence E. Abelman
Signatory's Position: Attorney of record
Response Signature
Signature: /lea/ Date: 11/07/2008
Signatory's Name: Lawrence E. Abelman
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: 77407493
Internet Transmission Date: Fri Nov 07 10:03:41 EST 2008
TEAS Stamp: USPTO/ROA-XXX.XX.XX.XX-20081107100341625
479-77407493-4301b4eba8ab3115c5255d243a2
243d787-N/A-N/A-20081107095130738518