PTO Form 1957 (Rev 9/2005)

OMB No. 0651-0050 (Exp. 04/30/2011)

---

PTO Form 1957 (Rev 9/2005)

OMB No. 0651-0050 (Exp. 04/30/2011)

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 77462222 has been amended as follows:

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

Response to "Conflicting Pending Applications"

The Examiner cited four prior pending applications as a potential conflict to the registration of Applicant's mark.  Applicant offers the following in response to Examiner's concerns:

1.  Application Serial No. 76/570,484 (DRS).  The applicant for this mark is Techcom Software Solutions, Inc.  On December 1, 2008, DRS Technologies, Inc. and Techcom Software Solutions, Inc. entered into an Agreement for Consent to Registration and Use of Mark.  A copy of the executed Agreement is attached hereto as Exhibit A.

2.  Application Serial No. 78/551,647 (DRS SECURESCAN).  The applicant for this mark was Naychno-Proizvodstvennoe Chastnoe Unitarnoe Predpriyatie "ADANI".  DRS Technologies, Inc. filed a Notice of Opposition against this trademark application.  On November 3, 2008 judgment by default was entered against ADANI and registration was refused.  A copy of the Default Judgment is attached as Exhibit A to the Declaration of Michael Hansen.

3 & 4.  Application Serial Nos. 77/415,999 and 77/416,010 - (MARLO logo applications).  The applicant for the pending applications is Engineered Coil Company.  This company is a wholly owned subsidiary of DRS Technologies, Inc., the applicant in the current application.  Specifically, all of the outstanding shares of Engineered Coil Company are owned by Engineered Support Systems, Inc. ("ESSI") and all of the outstanding shares of ESSI are owned by DRS Technologies, Inc. 

Based upon the information provided above regarding the four prior pending applications, it is clear that these applications pose no potential conflict with the current application.

 

1.         Refusal to Register under Lanham Act §2(d)

A.        Introduction and Summary - No Likelihood of Confusion

The Applicant seeks to register the mark DRS, serial no. 77/462,222, in connection with a host of goods falling within numerous Classes.  The Examiner has cited a preexisting registered mark as a potential bar to the registration in Class 9 only; therefore, for purposes of this response Applicant will limit its remarks to its use of its mark on its Class 9 goods, namely:

"Hand-held night vision binoculars with compass, infrared illumination, and range finding capabilities; shipboard long-range infrared search equipment to detect and track targets at sea or in littoral conditions, namely, dual-band (mid-wave and long-wave) infrared cameras, computer software and software algorithms for imaging, signal processing, data merge, data correlation, data reduction, data detection, target tracking, video processing, real-time data and video recording, track maintenance and reporting over command and control interfaces, and wide-area surveillance or sector surveillance mode control; rugged computer peripherals, namely, blank magnetic disks and flash memory devices; integrated military force protection systems, namely, computers comprising multiple sensors, namely, thermal sensors, radar sensors, sonar sensors, and TV sensors, command and control computers, computer displays and software for monitoring the sensors and remote operation and control of a weapon; fuel cells; microprocessor- and network-based electronic motor controls; aircraft carrier local area network (LAN)-based computer hardware and software for data storage, data communications and data processing; maritime and airborne electro-optical surveillance, sighting and targeting devices for detecting, recognizing, identifying, ranging, and designating targets, comprising high-resolution television cameras, thermal imaging sensors, laser range finders/designators and bore sight assemblies; uncooled thermal imaging equipment and software for detecting, recognizing, identifying, ranging, and designating targets, used for unattended sensing, individual and crew-served weapons, fused and/or infrared goggles, physical and perimeter security, hand-held viewing and ranging and vehicle-mounted sights and drivers' viewing aids, namely, stabilized, lightweight gimbals that control sensors and which are suitable for mobile applications and mounting on a variety of land, sea and air vehicles; cooled infrared detectors and cooler assemblies for thermal imaging equipment, infrared detectors, dewars, and cryogenic coolers; semiconductor device, namely, a focal plane array for military, commercial and space applications; integrated voice and data transfer systems and tactical, secure and non-secure communication systems providing voice transmission for internal naval ship communications, comprising modems, computer terminals and digital telephones; deployable, crash-survivable avionics systems for military and commercial rotary- and fixed-wing aircraft composed of flight data recorders, cockpit voice recorders and emergency locator beacons; digital imaging systems composed of integrated computers, high-speed digital cameras, image processing and analysis software and digitizers for defense purposes, namely, to capture and record the release of weapons on board military aircraft and the launch of vehicles or fire control systems and for commercial uses, namely, car crash testing, automated manufacturing failure/fault detection analysis and any other application that requires image recording of events that cannot be detected by the human eye; night vision scope and infrared night vision scope; night vision scope and infrared night vision scope attachable to cameras and video cameras and recording devices; air combat training, test, and evaluation equipment namely, global positioning systems and inertial-based position and movement measurement instruments and radio communications equipment installable on an aircraft; airborne and ground-based electronic radio frequency emitters and data collectors for training aircrew and evaluating electronic warfare countermeasures; ground-based, ship-based, and man-portable radar antennas, radar antenna stands and pedestals, radar exciters, radio-frequency amplifiers, and radar signal processors; aviation electronics used to communicate aircraft telemetry and the relative position of other aircraft; aviation electronics to control the auto pilot and auto throttle devices on board an aircraft; electronic test and diagnostic equipment used for testing electronic and electro-optical components of ground vehicles, namely tracked and wheeled vehicles, and strategic weapons, namely ballistic missiles, and fixed-wing aircraft; microprocessor-based controllers, batteries, capacitors, inductors, pulse-forming networks, and related electrical power storage and delivery devices; electronics components for tactical wheeled and tracked vehicles, namely video displays, video multiplexing and distribution devices, digital data busses and on-vehicle data network interfaces, electrical power distribution, and interfaces for vehicle engine and steering control; embedded diagnostic storage, dissemination, and analysis devices, namely, circuit card assemblies for wheeled and tracked ground vehicles, used for communicating with the internal vehicle diagnostic data busses of the vehicles to collect, store, analyze, and retransmit vehicle health and status information; mechanically-stabilized gimbals intended for use with electro-optical sensors and laser payloads; electronic sighting systems for weapons; laser-based aimers, pointers, and illuminators for military and paramilitary use; voice and data communications equipment, namely telephones and radio-frequency (RF) transmission systems employing cryptographic hardware and software, to provide secure communications over public service telephone and military tactical networks; radio-frequency (RF) communications and signal collection equipment for shipboard platforms, air platforms, fixed ground station, vehicle-mounted, and soldier-borne applications, namely antennae; antenna platforms, gimbals, and pedestals; RF tuners; RF modulator/demodulators; RF power amplifiers; RF frequency converters; low-noise oscillators; RF signal digitizers; and hardware and software signal processors for digital RF signal processing; shipboard data network equipment, routers, hubs, and switches, using electrical or optical transmission, for the distribution of data or voice information; radio-frequency (RF) direction-finding systems and components thereof, namely antennae, RF tuners, signal digitizers, and signal processing software and hardware for computing the location of RF emissions; power control electronics, namely microprocessor-based hardware and software used to control the operation of power conversion and distribution equipment; digital signal processing equipment, namely microprocessor- and field programmable gate array-based processors on circuit card assemblies, and optical and electronic interconnection networks for digital signal distribution between circuit cards; electronic aviation components for fixed-wing and rotorcraft platforms, namely cockpit control panels, video displays, video distribution (multiplexing and switching) systems, digital data busses, beacon rings, electrical transformers, aircraft landing lights, videocassette recorders; high-speed digital data recorders, namely computers with specialized interface peripheral cards and software to control the digitization and storage of digital data to the computer's hard disk; military-grade laptop computers, tablet computers, and personal digital assistant (PDA) computers; military-grade vehicle computers, namely computer workstations with external display, keyboard, and pointing devices for military and paramilitary in-vehicle use; military-grade flat panel liquid crystal displays; laptop computers, tablet computers, and personal digital assistant (PDA) computers for industrial and commercial applications; mobile computing peripherals, namely docking stations for laptops and tablet computers, removable hard disk drives, removable compact disc and DVD readers and recorders, and removable batteries; vehicle computers, namely ruggedized computer workstations with external display, keyboard, and pointing devices for industrial and commercial-vehicle use; flat panel liquid crystal displays for industrial and commercial applications; electrical power supplies; battery chargers; telecommunications and data networking hardware, namely, satellite ground stations, microwave transmitter and receivers, antennae, and telephony equipment; electronic test and diagnostic equipment used at aircraft flight lines and depot repair stations, used for testing electronic and electro-optical components of fixed-wing and rotary-wing aircraft; and electronic test and measurement devices for testing the performance of electronic weapon system components and their commercial equivalents, for tracking preventative maintenance requirements, and technical manuals therefor recorded on computer media; power conversion, distribution, and protection equipment for industrial and military applications, namely voltage converters, rectifiers, electrical power frequency converters, alternating current to direct current electric power converters, direct current to alternating current electric power converters, electric power switchgear and load centers, power panels, circuit breakers, motor starters, and overload relays; computerized control consoles used to monitor the status and control the operation of nuclear reactors; helicopter avionics sensor equipment, namely navigation systems and radio communications for providing autopiloting for hovering and lowspeed maneuvers".

 

(the "Applicant's Mark"). 

            Applicant has set forth the complete recitation of Class 9 goods for which is seeks to register DRS for a specific reason:  Applicant's business, and the goods it sells, are highly technical products sold primarily, if not exclusively, to governments and military organizations.  We refer the Examiner to the Declaration of Michael Hansen, Vice President of Strategy and Technology for Applicant.  Mr. Hansen testifies that, while Applicant's goods in Class 9 may have commercial applications, DRS operates overwhelmingly in the military, governmental and industrial fields.  Its products are extremely expensive, and are purchased only after long sales cycles by highly sophisticated buyers after bidding and product demonstration processes, compliance with detailed technical specifications, meetings to consider bids, and detailed contracts involving the purchase of the products.  Under these circumstances, likelihood of confusion is non-existent. 

            But more to the point, the Registered Mark is not used in the United States by the Applicant, or, in the alternative, its use is de minimis and limited to the recitation of goods in International Class 10 - for medical devices and the medical field - a line of business, trade channel and target customer that DRS does not serve and in which it does not conduct business.  See the Hansen and Heller Declarations.  The Examiner has not cited the Registered Mark against the Applicant under International Class 10.

            For brevity we refer to the owner of the Registered Mark as "Adani" which appears to be a part of its lengthy foreign name. 

 

B.        Adani Makes No Use of the Registered Mark in the U.S, or its Use is Limited To The Goods Identified in International Class 10.

            Adani obtained registration of the Registered Mark DRS UNIVERSAL, under Section 66A of the Lanham Act.  Although Adani designated the US as a country to which it wished to extend the registration of the Registered Mark, there is no evidence of actual use of that mark in the United  States by Adani.  We refer the Examiner to the Declaration of William J. Heller, submitted with this Response.  The facts in that Declaration demonstrate that Adani, itself, appears to be making no use of the Registered Mark DRS UNIVERSAL in the United States on its own behalf. Alternatively, any use of the Registered Mark in United States is limited to the medical field, the goods described in International Class 10, in the medical field.  There is no evidence that Adani uses the Registered Mark in the United States for any goods in International Class 9.  DRS does not do business in the medical field (Declaration of Michael Hansen ¶11).

 

C.        Applicant's Prior Opposition Against Adani is No Admission
of Likelihood of Confusion or Any of the Factors in that Analysis

            The Examiner cites and quotes from Applicant's Opposition No. 91185499 (¶6, July 30, 2008) as support for the claim of likely confusion.  Applicant respectfully disagrees that this citation is evidence of likelihood of confusion on this application.  There never was any adjudication on the merits of Opposition No. 91185499 or of any of the facts alleged therein. 

            When DRS became aware of Adani's application to register DRS SECURESCAN, the subject of the Opposition, it was faced with a dilemma.  On the one hand, DRS sought to protect its DRS trademarks, which have been in use for many decades in International Class 9 and other classes, but DRS was unable to verify the use of DRS SECURESCAN in the United States, and was unable to evaluate fully whether Adani was doing business selling similar or different goods in similar or different trade channels, to similar or different customers.

            Applicant DRS then authorized its counsel, William J. Heller, to contact counsel for the claimed owner of the mark DRS SECURESCAN, Naychno-Proizvodstvennoe Chastnoe Unitarnoe Predpriyatie ("Adani"), regarding its application to register that mark.  Attached as Exhibit C to the Declaration of William J. Heller is the email thread between Mr. Heller and counsel for Adani.  As is evident from the correspondence, DRS through counsel, attempted to ascertain more information about Adani, its products, and its use of the mark DRS SECURESCAN in the United States prior to filing Opposition No. 91185488, but was unsuccessful and had to file the Opposition. 

            DRS decided to take a conservative approach and filed the Opposition in the United States Patent and Trademark Office.  DRS did allege in the Opposition Petition that there was a likelihood of confusion; upon information and belief, DRS had reasonable grounds to believe that there might be sufficient likelihood of confusion.  It was DRS's intent to take discovery of Adani, determine the extent of crossover, if any, and to resolve or litigate to conclusion the question of likelihood of confusion with more complete information.  As mentioned above, DRS was unable to find Adani using the Mark DRS SECURESCAN in the United States, and the Opposition Petition was the only way that DRS had to protect its marks and obtain information from Adani, itself. 

            Adani never answered the DRS Opposition.  Adani defaulted.  As a result, DRS obtained a default judgment.  Attached as Exhibit A to the Hansen Declaration is a copy of the default judgment.  As a further result, DRS never obtained discovery of the facts underlying the question whether there was or was not a likelihood of confusion.  The issue never was litigated and there was no adjudication of the question of likelihood of confusion between our DRS Marks and the mark DRS SECURESCAN.

            Moreover, at the time that DRS wrote the Opposition Petition, it believed that it had senior rights to the mark DRS in the United States, and based on its investigation at that time, believed that there was sufficient likelihood of confusion to merit the Opposition.  The only inference that legitimately can be drawn is not that Applicant admitted likelihood of confusion; the only legitimate inference is that Adani, though seeking to extend trademark registrations to the US, has no use and no rights in the United States for the mark at issue in that Opposition.

            Should the Examiner maintain the Section (d) refusal notwithstanding the arguments and evidence submitted in this response, Applicant likely will file a Cancellation Petition and will request suspension of this application pending determination of that separate proceeding.  See the Hansen Declaration, ¶10.

 

D.        Applicant is the First User of DRS in Connection with the Goods at Issue in Class 9.

                        DRS owns the following registrations for marks consisting of or including the term DRS (collectively, the "DRS Marks"), all of which are incontestable:

MARK	REG. NO.	REG. DATE	CLASS(ES)
DRS (word mark)	2,300,159	December 14, 1999	37, 40 & 41
DRS (word mark)	2,336,970	April 4, 2000	9
DRS & Design	2,276,203	September 7, 1999	37, 40 & 41
DRS & Design	2,347,941	May 9, 2000	9
DRS TECHNOLOGIES (word mark)	2,265,161	July 27, 1999	37, 40 & 41
DRS TECHNOLOGIES (word mark)	2,312,752	February 1, 2000	9
DRS TECHNOLOGIES & DESIGN	2,253,839	June 15, 1999	37, 40 & 41
DRS TECHNOLOGIES & DESIGN	2,336,963	April 4, 2000	9

 

Annexed as Exhibit B to the Hansen Declaration are copies of the Certificates of Registration of the DRS Marks referenced above.  DRS also owns trademark applications in Classes 6, 7, 9, 11, 12, 19, 26, 35, 37, 38, 40, 41 and 42 for the following:.

Mark                                                              Serial No.

DRS                                                                 77/462,222

DRS (Stylized)                                     77/462,269

DRS TECHNOLOGIES                                  77/462,308

DRS TECHNOLOGIES & DESIGN               77/462,332

 

E.         The DuPont Factors Dictate Registration of Applicant's Mark, Notwithstanding Adani's Registered Mark

The Examining Attorney refuses to register the Applicant's Mark in Class 9, claiming that it "so resembles" the mark DRS UNIVERSAL, Registration Number 3,082,967, in connection with:

"scientific apparatus and instruments, namely, x-ray diagnostic equipment; measuring apparatus and instruments for use in the field of non-invasive control, namely, digital radiographic diagnostic systems, as well as apparatus and instruments for non-invasive checking for prohibited objects in the field of safety and security; electric measuring devices for use in the field of non-invasive control, namely, digital image processing systems; data processing equipment, namely, digital slot-scan x-ray imagers and scanners" (the "Registered Mark") "as to be likely to cause confusion, to cause mistake, or to deceive." 

Applicant submits that there is no likelihood of confusion between these marks and respectfully requests that the Examining Attorney reconsider his refusal to register the Applicant's Mark in Class 9.  

The Trademark Trial and Appeal Board ("TTAB") set forth the factors to be considered in judging likely confusion in In re E.I. du Pont DeNemours & Co., 476 F.2d 1357,177 U.S.P.Q. 563 (CCPA 1973).  Those factors, as quoted at TMEP § 1207.01, and analysis of those factors with respect to the instant application, demonstrates that, by a large majority of the applicable factors, registration should be allowed.  The analysis is as follows:

 

(1)               The Similarity Or Dissimilarity Of The Marks In Their Entireties As To Appearance, Sound, Connotation And Commercial Impression

Although the Applicant's Mark and the Registered Mark share the common term "DRS", the analysis of similarity does not stop there.  Buyers of these sophisticated electronic and other products do not view them side-by-side in the marketplace.  Side-by-side comparison is not the proper test to determine similarity.  Union Carbide Corp. v. Ever-Ready Inc., 531 F. 2d 366, 382 (7^th Cir), cert denied, 429 U.S. 830 (1976).  In addition, and other than as set forth below, dissection of a mark is also prohibited in determining similarity. 

            "It is axiomatic that a mark should not be dissected and considered piece-meal; rather it must be considered as a whole in determining likelihood of confusion."  Franklin Mint Corp v. Master Mfg. Co., 667 F. 2d 1005, 1007 (CCPA 1981).  Thus, the analysis of confusion between the single "word" mark DRS and the two word mark DRS UNIVERSAL must not be limited to the lettering or the letters DRS, but rather the marks must be considered as a whole.  When that comparison is made, there simply is no likelihood of confusion.  Clearly, there is a large difference in overall commercial impression.  Applicant's mark, is clearly distinguishable from the Registered Mark.

DRS is a strong (and incontestable) mark within the fields, businesses, and lines of commerce in which it manufactures products, provides services, and conducts business generally.  However, in the context of the federal register, there are many marks using the initials "DRS".  The USPTO TESS database reveals that there are 102 registrations or application for marks consisting of or containing "DRS".  In cases like this, courts have held that likelihood of confusion is difficult to prove; a mark or portion of a mark commonly used by third parties receives less protection than a mark not in common use.  Sun Banks, Inc., v. Sun Fed. Sav. & Loan Ass'n, 651 F. 2d 311, 316 (5^th Cir. 1981).

As indicated above, the fact that the marks share the term DRS is not dispositive, as similarity is based on the total effect of the marks, rather than on a comparison of any individual feature.  Astra Pharm. Prods. Inc. v. Beckman Instru. Inc., 220 U.S.P.Q. 609, 611 (D. Mass.), aff'd, 718 F.2d 1201 (1st Cir. 1983); In re Sweet Victory Inc., 228 U.S.P.Q. 959, 961 (TTAB 1986) (focusing on competing marks in their entirety even though inclusion of the French word "glacé" in both marks (GLACÉ CONTINENTAL versus GLACÉ LIGHT) engendered a French connotation); Elec. Design & Sales v. Elec. Sys., 954 F.2d 713, 718 (Fed. Cir. 1992) (finding no likelihood of confusion between identical marks where other factors were of greater weight under the circumstances).  Thus, in the instant case, although the marks share the term "DRS", they are, overall, phonetically dissimilar and visually distinct.

Simply put, the sound, appearance and meaning of the letters "DRS" standing alone, obviate any likelihood of confusion between the word "UNIVERSAL" combined with the letters "DRS".  The fact that the two marks share the letters "DRS" is simply not material to the analysis of confusion.  Given the very different commercial impression conveyed by the entirety of the Registrant's Mark versus the Applicant's Mark, and the other arguments in this Response, there is no likelihood of confusion.  Accordingly, this du Pont factor weighs heavily in favor of the Applicant.

 

(2)               The Similarity Or Dissimilarity And Nature Of The Goods Or Services As Described In An Application Or In Connection With Which A Prior Mark Is In Use.

The determination of "likelihood of confusion" is based upon the description of goods or services as contained in the applications of the parties.  TMEP § 1207.01(a)(iii).

The sole fact that the respective products sold under the marks are scientific apparatus and instruments is insufficient for a finding of likelihood of confusion.  Registrant's goods are items designed for non-invasive diagnostic research, e.g., the type of items one would encounter at an airport security counter.  There is no such indication with respect to Applicant's goods.  As a general rule, goods are related for purposes of likely confusion if the average purchaser believes they might come from the same source.  Comm'ns Satellite Corp. v. Comcet, Inc., 429 F.2d 1245, 1252 (4^th Cir. 1970).  However, this is not a hard and fast rule, even when identical marks are used on goods normally considered closely related.  Freedom Sav. & Loan Ass'n v. Way, 757 F. 2d 1176 (11^th Cir. 1985). 

In the instant situation both Registrant and Applicant sell highly sophisticated and expensive items.  The so called "average purchaser" of both party's items are sophisticated buyers expected to exercise great case in their purchasing.  Pigeons S.A. de Mecanique de Precision v. Polaroid Corp., 657 F. 2d 482, 489-90 (1^st Cir. 1981).  Thus, based on the very expensive and sophisticated nature of the goods at issue (admittedly bearing two different marks, e.g., DRS UNIVERSAL and DRS) there is no likelihood of confusion.  Electronic Design, 954 F.2d at 718-19 (EDS mark used for computer programming services and battery charges and power supplies, no likelihood of confusion found even though goods and services under both marks were sold to some of the same companies).  We refer the Examiner to the Declaration of Michael Hansen for a detailed explanation on this issue and others, the different target customers and trade channels, and the sophistication of the buyers - all factors that make this factor weigh heavily in Applicant's favor.

Moreover, the standard to determine confusion is not a mere possibility of overlap but instead a probability of confusion.  See 4 McCarthy § 23:3 at 23-17, and cases cited therein.  The existence of a de minimis amount of overlap is insufficient to create a likelihood of confusion.  Electronic Design, 954 F.2d at 719.  The Federal Circuit has noted:

[W]e believe that, at least in the case of goods and services that are sold, the inquiry [into likelihood of confusion] generally will turn on whether actual or potential "purchasers" are confused. . . .  The essential inquiry in this appeal then is whether there is likely to be sufficient overlap of the respective purchasers of the parties' goods and services to confuse actual and potential purchasers.

Id. at 716.  Purchasers of Applicant's products and Registrant's products are not likely to be confused.  This is particularly true here, as in this case, the Registrant is not even using its mark in the United States, and any use by an unrelated third party is solely within the medical field, where DRS does no business.

Accordingly, given the sophisticated purchases and the scientific and expensive nature of the of the goods, themselves, confusion is not likely.  This du Pont factor weighs in favor of the Applicant.

 

(3)               The Similarity Or Dissimilarity Of Trade Channels

It is clear that the trade channels are widely disparate.  Applicant DRS is a defense contractor whose trade channels are the military, government, and industrial businesses that serve these fields.  Adani serve the medical field, where DRS conducts no business.  See the Declaration of Michael Hansen.  Therefore, this factor weighs heavily in favor of Applicant.

Different trade channels negate any likelihood of confusion. Church of Larger Fellowship v. Conservation Law Foundation, 221 USPQ 869 (Mass. 1983.)

To the extent that the Examiner focuses only on the identifications of goods and services for the Registered Mark and Applicant's Mark, Applicant submits that this factor still weighs heavily in favor of Applicant.  Although there may be some similarity between the Applicant's trade channels and those of the Registered Mark, this factor is not dispositive.  As the court in the du Pont case noted, "[t]he evidentiary elements are not listed . . . in order of merit.  Each may, from case to case, play a dominant role."  476 F.2d at 1362.  For example, there are numerous precedents in which courts have found no likelihood of confusion, even between identical marks, because some, but not other du Pont factors were of greater weight under the particular facts of the case.  Electronic Design, 954 F.2d at 718 n. 2 (overturning finding of likelihood of confusion between identical marks used with different goods and services in related trade channels, and criticizing the Board for giving the identity of the marks "excessive weight . . . in light of the sophistication of purchasers").  Therefore, Applicant contends that the facts of this case requires the conclusion that other du Pont factors, including the differences between the marks and the sophistication of the purchasers, are more significant than this factor in determining the existence of any likelihood of confusion between the Applicant's Mark and the Registered Mark.

Finally, it should be noted that although highly sophisticated and in many cases expensive scientific apparatus and instruments may be sold through the same channels of trade, they are sold to highly specialized and sophisticated purchasers who are expected to exercise more than a modicum of care.  Accordingly, to the extent that this du Pont factor, is weighed at all, it should be weighed in favor of the Applicant.

 

(4)               The Conditions Under Which And To Whom Sales Are Made, i.e., "Impulse" vs. Careful, Sophisticated Purchasing

The test for "likelihood of confusion" is conducted with respect to the perception of "reasonably prudent purchasers," except in the case of a product or service that is considered expensive, where the standard is raised to "discriminating purchasers."  McCarthy, § 23:96 at 23-319 and cases cited therein.  In this case, the "discriminating purchaser" standard should be applied. 

The scientific apparatus and instruments at issue here are highly specialized, expensive and would only be purchased by discriminating purchasers after careful consideration.  They are not impulse purchases. 

DRS offers a wide variety of highly sophisticated programs, hardware and devices used in the military and industrial fields.  The great majority of DRS products and services are sold to and are used by the defense and military complex. In its recently completed fiscal year 2008, approximately ninety eight percent (98%) of DRS's revenues were generated from defense electronics products.  DRS's advertising and promotional expenditures are quite limited; less than one percent (1%) of DRS's annual revenues are spent on advertising and promotion.  DRS secures its business primarily through competitive bidding processes or through follow-on upgrade programs in which the government funds a contractor to provide engineering design changes to a defense product and then places additional orders for production and delivery of that product.  Hansen Declaration ¶11.

DRS's customers can be described as most branches of the US armed services and other US government agencies, international government agencies and military forces, and industrial companies.  Hansen Declaration ¶12.

Some of DRS's products are very expensive.  DRS products are sold to the highly sophisticated buyers only after long and detailed specification, bidding, testing and demonstration procedures that bar any likelihood of confusion with the Adani Mark.  The buying process often starts with requests for proposals or bids. There follows the submission of detailed responses to the requests for proposal and submission of the bids themselves.  DRS customers (primarily the government and the military) then often hold meetings to consider the submissions.  There are program review meetings that last days after a contract is awarded and a system is in the process of being developed.  After a contract is awarded and prototype products are developed, there are demonstrations of the products sought to be purchased from DRS.  Therefore, it is highly unlikely and improbable that any likelihood of confusion could arise with the Adani Mark.  Hansen Declaration ¶13.

In a case not unlike the instant situation, the First Circuit applied the discriminating purchaser standard to a party's decision to buy blood analyzers costing $35,000 to $60,000 and taking months to consummate.  The Court stated that such a decision "is obviously not done on an impulse, and involves a careful consideration of the reliability and dependability of the manufactures and seller of the product.  Astra, 718 F 2d at 1206. 

Both the Applicant's items in Class 9 and the Registrant's items in Class 9 are specialized scientific instruments, some of which are very expensive.  Accordingly, it is clear that these products are be purchased by knowledgeable, professional consumers who must consider the particular type of apparatus that will meet their needs.  Given the plethora of scientific instruments and apparatus identical to the goods of interest available in the marketplace, care must be taken in purchasing the right item.

Moreover, where, as here, the "relevant buying class [for the goods and services associated with both Applicant's Mark and the Registrant's mark ] is composed of professionals or commercial buyers familiar with the field, courts have found that such purchasers are sophisticated enough not to be confused by trademarks that are closely similar."  McCarthy at § 23:330-31 (citations omitted); Checkpoint Sys. Inc. v. Check Point Software Tech., Inc., 269 F.3d 270, 285 (3d Cir. 2001) ("Many cases state that where the relevant buyer class is composed of professionals or commercial buyers familiar with the field, they are sophisticated enough not to be confused by trademarks that are closely similar.") (citing McCarthy at § 23:101)).  Thus, the Applicant's Class 9 items are not likely to be confused with Registrant's Class 9 items. 

Under these circumstances, where an expensive and proprietary product or service is sold under such conditions, and is purchased by sophisticated buyers and licensees after careful consideration and a long buying cycle, likelihood of confusion is negated. Stouffer Corp. v. Health Valley Natural Foods, Inc.,  1 USPQ 2d 1900 (ITAB 1986); In re Software Design, Inc., 220 USPQ 2d 662 (ITAB 1983); Litton Systems, Inc. v Whirlpool Corp., 221 USPQ 97 (Fed. Cir. 1984.)

Because only discriminating professional purchasers select the instant items that they intend to use, Applicant's mark is simply not likely to be confused with Registrant's mark on these type of items.  This du Pont factor therefore weighs heavily in favor of finding no likelihood of confusion in this case.

 

(5)               The Fame Of The Prior Mark (Sales, Advertising, Length Of Use).

DRS has used the same initials, "DRS," for many years.  Attached as Exhibit B to the Hansen Declaration are copies of federal trademark registrations showing first use dates as early as 1983.  DRS enjoyed billions of dollars of sales over the years under its DRS marks.  In the last ten years alone, DRS's total corporate revenues have exceeded $10 billion under the DRS marks.  The use of the DRS® mark has been consistent and undisturbed in its fields of use and lines of commerce for decades.  Should the Examiner still consider that there exists a likelihood of confusion, it is clear that DRS is the first and senior user and registrant in the United States. 

In sharp contrast, there is little information to guide the determination of this factor as to Adani.  As to Adani's Registered Mark, Registration No. 3,082,967, the Applicant knows only that the mark was registered on the basis of the Madrid Protocol on April 18, 2006.  There is no indication that the mark has been used in the United States or, if such use is being made, the use is de minimis and only in connection with medical devices.  Therefore Applicant submits that this du Pont factor weighs heavily in favor of Applicant. 

 

(6)               The Number And Nature Of Similar Marks In Use On Similar Goods.

The Applicant is aware of 102 other federal applications or registrations for the mark DRS either used alone or in combination with other elements.  A search by Applicant has revealed that no third party is using the mark DRS in association with any goods in Class 9 or similar goods and in Applicant's trade channels.  Therefore, Applicant's Mark should be considered "distinct".  This du Pont factor, therefore, weighs in favor of Applicant, as no other user of this mark, e.g., DRS, appears to be in existence.

 

(7)               The Nature And Extent Of Any Actual Confusion.

As stated above, the Applicant has not used its mark or its use has been on distinctive products and distinct fields. In addition, Michael Hansen, Vice President of Strategy and Technology for DRS, has testified that he is aware of no actual confusion, and it is his responsibility to protect company trademarks and to be aware of any confusion that might be occurring. Therefore, this du Pont factor likewise weighs in favor of Applicant. 

 

(8)               The Length Of Time During And The Conditions Under Which The Marks of the Respective Parties Have Been In Use

Applicant's Mark has not been in use in U.S. commerce, or its use has been so limited as to render this factor meaningless in the analysis.  Therefore, no weight should be given to this du Pont factor.

 

(9)               The Variety Of Goods On Which A Mark Is Or Is Not Used (House Mark, "Family" Mark, Product Mark)

Applicant has used the instant mark on a plethora of goods not only in Class 9 but in other Classes.  In addition, DRS and DRS TECHNOLOGIES are Applicant's trade names, and Applicant's use of the trade names DRS and DRS TECHNOLOGIES long precede any use that could conceivably be claimed by Registration.  Therefore, this factor weighs heavily in Applicant's favor.

 

(10)           The Market Interface Between Applicant And The Owner Of The Prior Mark

The Applicant and the owner of the Registered Mark have not entered into any agreement related to use or ownership of their respective marks.  However, Applicant has successfully sought the cancellation of a companion mark of Registrant.  This du Pont factor should favor Applicant in determining likelihood of confusion.

 

(11)           The Extent To Which Applicant Has A Right To Exclude Others From Use Of Its Mark On Its Goods.

This du Pont factor weighs in favor of Applicant because Applicant is the first applicant to seek registration of DRS for Class 9 goods.  Thus, Applicant may exclude others from using DRS with respect to goods in International Class 9 and similar goods in other classes. 

 

(12)           The Extent of Potential Confusion, i.e., Whether De Minimis Or Substantial

The potential for confusion between the Applicant's Mark and the mark cited by the Examining Attorney is nonexistent or de minimis as argued elsewhere in this Response.  The reality is that there simply is no likelihood of confusion between one scientific instrument and apparatus manufacturer's items and a second scientific instrument and apparatus manufacturer's items.  A potential consumer of these items is a highly skilled professional purchaser buying products and services which, in many cases, are very expensive items and therefore exerting extreme care.

Therefore, this factor weighs heavily in favor of finding no likelihood of confusion in this case.

 

(13)           Conclusion

In view of the fact that the vast majority of the factors weigh heavily in favor of no likelihood of confusion, the Applicant respectfully requests that the Trademark Attorney's refusal to register the instant application under Section 2(d) be withdrawn.

 

 

EVIDENCE
Evidence in the nature of Exhibit A - Consent to Registration and Use of Mark between Techcom Software Solutions, Inc. and DRS Technologies, Inc. Declaration of Michael Hansen with Exhibits. Declaration of William J. Heller with Exhibits. has been attached.
Original PDF file:
evi_6384228130-114858615_._DRS-EXHIBIT_A-TECHCOM_AGREEMENT.PDF
Converted PDF file(s) (7 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Evidence-6
Evidence-7
Original PDF file:
evi_6384228130-114858615_._DRS-HANSEN_DEC_.pdf
Converted PDF file(s) (38 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Evidence-6
Evidence-7
Evidence-8
Evidence-9
Evidence-10
Evidence-11
Evidence-12
Evidence-13
Evidence-14
Evidence-15
Evidence-16
Evidence-17
Evidence-18
Evidence-19
Evidence-20
Evidence-21
Evidence-22
Evidence-23
Evidence-24
Evidence-25
Evidence-26
Evidence-27
Evidence-28
Evidence-29
Evidence-30
Evidence-31
Evidence-32
Evidence-33
Evidence-34
Evidence-35
Evidence-36
Evidence-37
Evidence-38
Original PDF file:
evi_6384228130-114858615_._DRS-HELLER_DEC.pdf
Converted PDF file(s) (17 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Evidence-6
Evidence-7
Evidence-8
Evidence-9
Evidence-10
Evidence-11
Evidence-12
Evidence-13
Evidence-14
Evidence-15
Evidence-16
Evidence-17

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 006 for Loading and unloading rollers and pallets of metal
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 [European Community application number 6860803 filed 04/15/2008]. 15 U.S.C.Section 1126(d), as amended.

Proposed:
Tracked Text Description: [Loading and unloading rollers and pallets of metal], Loading and unloading rollers and pallets of metal; liquid storage tanks of metal for use with fuel and water distribution machinery; self-contained metal environmental shelters providing protection against chemical or biological contaminationClass 006 for Loading and unloading rollers and pallets of metal; liquid storage tanks of metal for use with fuel and water distribution machinery; self-contained metal environmental shelters providing protection against chemical or biological contamination
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 [European Community application number 6860803 filed 04/15/2008]. 15 U.S.C.Section 1126(d), as amended.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 007 for Pumps and motors for oil and gas drilling equipment; electric motors and electric power generators for industrial and military applications; portable electric power generators; integrated electric motor and pump devices, namely, air or fluid pumps with an electric motor providing power internal to and integrated with the pumping mechanism; hydraulic or pneumatic power sources, for towing, starting, or servicing military aircraft; portable high-pressure washing systems for removing contamination, namely biological or chemical contaminants, from personnel, vehicles, and materials; fuel and water distribution machinery, including liquid storage, pumps, hoses, pressure control, valves and fittings, for use in military applications; and letter and package handling machinery, namely for unloading and sorting mail
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)).

Based on Foreign Application: Applicant has a bona fide intention to use the mark in commerce on or in connection with the identified goods and/or services, and will submit a copy of a foreign registration, and translation thereof, if appropriate. 15 U. S.C. Section 1126(d), as amended.

Proposed:
Tracked Text Description: Pumps and motors for oil and gas drilling equipment; electric motors and electric power generators for industrial and military applications; portable electric power generators; [integrated electric motor and pump devices, namely, air or fluid pumps with an electric motor providing power internal to and integrated with the pumping mechanism]; integrated electric motor and pump devices, namely, air and fluid pumps with an electric motor providing power internal to and integrated with the pumping mechanism; [hydraulic or pneumatic power sources, for towing, starting, or servicing military aircraft]; hydraulic and pneumatic power sources, namely internal combustion motors and generators for towing, starting, or servicing military aircraft; [portable high-pressure washing systems for removing contamination, namely biological or chemical contaminants, from personnel, vehicles, and materials]; portable high-pressure washers for removing contamination, namely biological or chemical contaminants, from personnel, vehicles, and materials; [fuel and water distribution machinery, including liquid storage, pumps, hoses, pressure control, valves and fittings, for use in military applications]; fuel and water distribution machinery sold as a unit, namely pumps, liquid storage tanks, hoses, pressure control, valves and fittings, for use in military applications; [and letter and package handling machinery, namely for unloading and sorting mail]; letter and package handling machinery, namely for unloading and sorting mail; ground vehicle electronics used with diesel-powered vehicle engines to provide vehicle propulsion and electric power, namely electric motors and generators; compressors for military and industrial applications; electrical generators for use with marine propulsion and power systems; and mobile powered deck conveyor for moving cargoClass 007 for Pumps and motors for oil and gas drilling equipment; electric motors and electric power generators for industrial and military applications; portable electric power generators; integrated electric motor and pump devices, namely, air and fluid pumps with an electric motor providing power internal to and integrated with the pumping mechanism; hydraulic and pneumatic power sources, namely internal combustion motors and generators for towing, starting, or servicing military aircraft; portable high-pressure washers for removing contamination, namely biological or chemical contaminants, from personnel, vehicles, and materials; fuel and water distribution machinery sold as a unit, namely pumps, liquid storage tanks, hoses, pressure control, valves and fittings, for use in military applications; letter and package handling machinery, namely for unloading and sorting mail; ground vehicle electronics used with diesel-powered vehicle engines to provide vehicle propulsion and electric power, namely electric motors and generators; compressors for military and industrial applications; electrical generators for use with marine propulsion and power systems; and mobile powered deck conveyor for moving cargo
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 [European Community application number 6860803 filed 04/15/2008]. 15 U.S.C.Section 1126(d), as amended.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 009 for Hand-held night vision binoculars with compass, infrared illumination, and range finding capabilities; shipboard long-range infrared search equipment to detect and track targets at sea or in littoral conditions, namely, dual-band (mid-wave and long-wave) infrared cameras, computer software and software algorithms for imaging, signal processing, data merge, data correlation, data reduction, data detection, target tracking, video processing, real-time data and video recording, track maintenance and reporting over command and control interfaces, and wide-area surveillance or sector surveillance mode control; rugged computer peripherals, namely, blank magnetic disks and flash memory devices; integrated military force protection systems, namely, computers comprising multiple sensors, namely, thermal sensors, radar sensors, sonar sensors, and TV sensors, command and control computers, computer displays and software for monitoring the sensors and remote operation and control of a weapon; fuel cells; microprocessor and network-based electronic motor controls; aircraft carrier local area network (LAN)-based computer hardware and software for data storage, data communications and data processing; maritime and airborne electro-optical surveillance, sighting and targeting devices for detecting, recognizing, identifying, ranging, and designating targets, comprising high-resolution television cameras, thermal imaging sensors, laser range finders/designators and bore sight assemblies; uncooled thermal imaging equipment and software for detecting, recognizing, identifying, ranging, and designating targets, used for unattended sensing, individual and crew-served weapons, fused and/or infrared goggles, physical and perimeter security, hand-held viewing and ranging and vehicle-mounted sights and drivers' viewing aids, namely, stabilized, lightweight gimbals that control sensors and which are suitable for mobile applications and mounting on a variety of land, sea and air vehicles; cooled infrared detectors and cooler assemblies for thermal imaging equipment, infrared detectors, dewars, and cryogenic coolers; semiconductor device, namely, a focal plane array for military, commercial and space applications; integrated voice and data transfer systems and tactical, secure and non-secure communication systems providing voice transmission for internal naval ship communications, comprising modems, computer terminals and digital telephones; deployable, crash-survivable avionics systems for military and commercial rotary- and fixed-wing aircraft composed of flight data recorders, cockpit voice recorders and emergency locator beacons; digital imaging systems composed of integrated computers, high-speed digital cameras, image processing and analysis software and digitizers for defense purposes, namely, to capture and record the release of weapons on board military aircraft and the launch of vehicles or fire control systems and for commercial uses, namely, car crash testing, automated manufacturing failure/fault detection analysis and any other application that requires image recording of events that cannot be detected by the human eye; night vision scope and infrared night vision scope; night vision scope and infrared night vision scope attachable to cameras and video cameras and recording devices; air combat training, test, and evaluation equipment namely, global positioning systems and inertial-based position and movement measurement instruments and radio communications equipment installable on an aircraft; airborne and ground-based electronic radio frequency emitters and data collectors for training aircrew and evaluating electronic warfare countermeasures; ground-based, ship-based, and man-portable radar antennas, radar antenna stands and pedestals, radar exciters, radio-frequency amplifiers, and radar signal processors; aviation electronics used to communicate aircraft telemetry and the relative position of other aircraft; aviation electronics to control the auto pilot and auto throttle devices on board an aircraft; electronic test and diagnostic equipment used for testing electronic and electro-optical components of ground vehicles, namely tracked and wheeled vehicles, and strategic weapons, namely ballistic missiles, and fixed-wing aircraft; ground vehicle electronics used with diesel-powered vehicle engines to provide vehicle propulsion and electric power, namely electric motors, generators, microprocessor-based controllers, batteries, capacitors, inductors, pulse-forming networks, and related electrical power storage and delivery devices; electronics components for tactical wheeled and tracked vehicles, namely video displays, video multiplexing and distribution devices, digital data busses and on-vehicle data network interfaces, electrical power distribution, and interfaces for vehicle engine and steering control; embedded diagnostic storage, dissemination, and analysis devices, namely, circuit card assemblies for wheeled and tracked ground vehicles, used for communicating with the internal vehicle diagnostic data busses of the vehicles to collect, store, analyze, and retransmit vehicle health and status information; mechanically-stabilized gimbals intended for use with electro-optical sensors and laser payloads; electronic sighting systems for weapons; laser-based aimers, pointers, and illuminators for military and paramilitary use; voice and data communications equipment, namely telephones and radio-frequency (RF) transmission systems employing cryptographic hardware and software, to provide secure communications over public service telephone and military tactical networks; radio-frequency (RF) communications and signal collection equipment for shipboard platforms, air platforms, fixed ground station, vehicle-mounted, and soldier-borne applications, namely antennae; antenna platforms, gimbals, and pedestals; RF tuners; RF modulator/demodulators; RF power amplifiers; RF frequency converters; low-noise oscillators; RF signal digitizers; and hardware and software signal processors for digital RF signal processing; shipboard data network equipment, routers, hubs, and switches, using electrical or optical transmission, for the distribution of data or voice information; radio-frequency (RF) direction-finding systems and components thereof, namely antennae, RF tuners, signal digitizers, and signal processing software and hardware for computing the location of RF emissions; power control electronics, namely microprocessor-based hardware and software used to control the operation of power conversion and distribution equipment; digital signal processing equipment, namely microprocessor- and field programmable gate array-based processors on circuit card assemblies, and optical and electronic interconnection networks for digital signal distribution between circuit cards; electronic aviation components for fixed-wing and rotorcraft platforms, namely cockpit control panels, video displays, video distribution (multiplexing and switching) systems, digital data busses, beacon rings, electrical transformers, aircraft landing lights, videocassette recorders; high-speed digital data recorders, namely computers with specialized interface peripheral cards and software to control the digitization and storage of digital data to the computer's hard disk; military-grade laptop computers, tablet computers, and personal digital assistant (PDA) computers; military-grade vehicle computers, namely computer workstations with external display, keyboard, and pointing devices for military and paramilitary in-vehicle use; military-grade flat panel liquid crystal displays; laptop computers, tablet computers, and personal digital assistant (PDA) computers for industrial and commercial applications; mobile computing peripherals, namely docking stations for laptops and tablet computers, removable hard disk drives, removable compact disc and DVD readers and recorders, and removable batteries; vehicle computers, namely ruggedized computer workstations with external display, keyboard, and pointing devices for industrial and commercial-vehicle use; flat panel liquid crystal displays for industrial and commercial applications; electrical power supplies; battery chargers; telecommunications and data networking hardware, namely, satellite ground stations, microwave transmitter and receivers, antennae, and telephony equipment; electronic test and diagnostic equipment used at aircraft flight lines and depot repair stations, used for testing electronic and electro-optical components of fixed-wing and rotary-wing aircraft; and electronic test and measurement devices for testing the performance of electronic weapon system components and their commercial equivalents, for tracking preventative maintenance requirements, and technical manuals therefor recorded on computer media
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)).

Based on Foreign Application: Applicant has a bona fide intention to use the mark in commerce on or in connection with the identified goods and/or services, and will submit a copy of a foreign registration, and translation thereof, if appropriate. 15 U. S.C. Section 1126(d), as amended.

Proposed:
Tracked Text Description: Hand-held night vision binoculars with compass, infrared illumination, and range finding capabilities; shipboard long-range infrared search equipment to detect and track targets at sea or in littoral conditions, namely, dual-band (mid-wave and long-wave) infrared cameras, computer software and software algorithms for imaging, signal processing, data merge, data correlation, data reduction, data detection, target tracking, video processing, real-time data and video recording, track maintenance and reporting over command and control interfaces, and wide-area surveillance or sector surveillance mode control; rugged computer peripherals, namely, blank magnetic disks and flash memory devices; integrated military force protection systems, namely, computers comprising multiple sensors, namely, thermal sensors, radar sensors, sonar sensors, and TV sensors, command and control computers, computer displays and software for monitoring the sensors and remote operation and control of a weapon; fuel cells; [microprocessor and network-based electronic motor controls]; microprocessor- and network-based electronic motor controls; aircraft carrier local area network (LAN)-based computer hardware and software for data storage, data communications and data processing; maritime and airborne electro-optical surveillance, sighting and targeting devices for detecting, recognizing, identifying, ranging, and designating targets, comprising high-resolution television cameras, thermal imaging sensors, laser range finders/designators and bore sight assemblies; uncooled thermal imaging equipment and software for detecting, recognizing, identifying, ranging, and designating targets, used for unattended sensing, individual and crew-served weapons, fused and/or infrared goggles, physical and perimeter security, hand-held viewing and ranging and vehicle-mounted sights and drivers' viewing aids, namely, stabilized, lightweight gimbals that control sensors and which are suitable for mobile applications and mounting on a variety of land, sea and air vehicles; cooled infrared detectors and cooler assemblies for thermal imaging equipment, infrared detectors, dewars, and cryogenic coolers; semiconductor device, namely, a focal plane array for military, commercial and space applications; integrated voice and data transfer systems and tactical, secure and non-secure communication systems providing voice transmission for internal naval ship communications, comprising modems, computer terminals and digital telephones; deployable, crash-survivable avionics systems for military and commercial rotary- and fixed-wing aircraft composed of flight data recorders, cockpit voice recorders and emergency locator beacons; digital imaging systems composed of integrated computers, high-speed digital cameras, image processing and analysis software and digitizers for defense purposes, namely, to capture and record the release of weapons on board military aircraft and the launch of vehicles or fire control systems and for commercial uses, namely, car crash testing, automated manufacturing failure/fault detection analysis and any other application that requires image recording of events that cannot be detected by the human eye; night vision scope and infrared night vision scope; night vision scope and infrared night vision scope attachable to cameras and video cameras and recording devices; air combat training, test, and evaluation equipment namely, global positioning systems and inertial-based position and movement measurement instruments and radio communications equipment installable on an aircraft; airborne and ground-based electronic radio frequency emitters and data collectors for training aircrew and evaluating electronic warfare countermeasures; ground-based, ship-based, and man-portable radar antennas, radar antenna stands and pedestals, radar exciters, radio-frequency amplifiers, and radar signal processors; aviation electronics used to communicate aircraft telemetry and the relative position of other aircraft; aviation electronics to control the auto pilot and auto throttle devices on board an aircraft; electronic test and diagnostic equipment used for testing electronic and electro-optical components of ground vehicles, namely tracked and wheeled vehicles, and strategic weapons, namely ballistic missiles, and fixed-wing aircraft; [ground vehicle electronics used with diesel-powered vehicle engines to provide vehicle propulsion and electric power, namely electric motors, generators, microprocessor-based controllers, batteries, capacitors, inductors, pulse-forming networks, and related electrical power storage and delivery devices]; microprocessor-based controllers, batteries, capacitors, inductors, pulse-forming networks, and related electrical power storage and delivery devices; electronics components for tactical wheeled and tracked vehicles, namely video displays, video multiplexing and distribution devices, digital data busses and on-vehicle data network interfaces, electrical power distribution, and interfaces for vehicle engine and steering control; embedded diagnostic storage, dissemination, and analysis devices, namely, circuit card assemblies for wheeled and tracked ground vehicles, used for communicating with the internal vehicle diagnostic data busses of the vehicles to collect, store, analyze, and retransmit vehicle health and status information; mechanically-stabilized gimbals intended for use with electro-optical sensors and laser payloads; electronic sighting systems for weapons; laser-based aimers, pointers, and illuminators for military and paramilitary use; voice and data communications equipment, namely telephones and radio-frequency (RF) transmission systems employing cryptographic hardware and software, to provide secure communications over public service telephone and military tactical networks; radio-frequency (RF) communications and signal collection equipment for shipboard platforms, air platforms, fixed ground station, vehicle-mounted, and soldier-borne applications, namely antennae; antenna platforms, gimbals, and pedestals; RF tuners; RF modulator/demodulators; RF power amplifiers; RF frequency converters; low-noise oscillators; RF signal digitizers; and hardware and software signal processors for digital RF signal processing; shipboard data network equipment, routers, hubs, and switches, using electrical or optical transmission, for the distribution of data or voice information; radio-frequency (RF) direction-finding systems and components thereof, namely antennae, RF tuners, signal digitizers, and signal processing software and hardware for computing the location of RF emissions; power control electronics, namely microprocessor-based hardware and software used to control the operation of power conversion and distribution equipment; digital signal processing equipment, namely microprocessor- and field programmable gate array-based processors on circuit card assemblies, and optical and electronic interconnection networks for digital signal distribution between circuit cards; electronic aviation components for fixed-wing and rotorcraft platforms, namely cockpit control panels, video displays, video distribution (multiplexing and switching) systems, digital data busses, beacon rings, electrical transformers, aircraft landing lights, videocassette recorders; high-speed digital data recorders, namely computers with specialized interface peripheral cards and software to control the digitization and storage of digital data to the computer's hard disk; military-grade laptop computers, tablet computers, and personal digital assistant (PDA) computers; military-grade vehicle computers, namely computer workstations with external display, keyboard, and pointing devices for military and paramilitary in-vehicle use; military-grade flat panel liquid crystal displays; laptop computers, tablet computers, and personal digital assistant (PDA) computers for industrial and commercial applications; mobile computing peripherals, namely docking stations for laptops and tablet computers, removable hard disk drives, removable compact disc and DVD readers and recorders, and removable batteries; vehicle computers, namely ruggedized computer workstations with external display, keyboard, and pointing devices for industrial and commercial-vehicle use; flat panel liquid crystal displays for industrial and commercial applications; electrical power supplies; battery chargers; telecommunications and data networking hardware, namely, satellite ground stations, microwave transmitter and receivers, antennae, and telephony equipment; electronic test and diagnostic equipment used at aircraft flight lines and depot repair stations, used for testing electronic and electro-optical components of fixed-wing and rotary-wing aircraft; and electronic test and measurement devices for testing the performance of electronic weapon system components and their commercial equivalents, for tracking preventative maintenance requirements, and technical manuals therefor recorded on computer media; power conversion, distribution, and protection equipment for industrial and military applications, namely voltage converters, rectifiers, electrical power frequency converters, alternating current to direct current electric power converters, direct current to alternating current electric power converters, electric power switchgear and load centers, power panels, circuit breakers, motor starters, and overload relays; computerized control consoles used to monitor the status and control the operation of nuclear reactors; helicopter avionics sensor equipment, namely navigation systems and radio communications for providing autopiloting for hovering and lowspeed maneuversClass 009 for Hand-held night vision binoculars with compass, infrared illumination, and range finding capabilities; shipboard long-range infrared search equipment to detect and track targets at sea or in littoral conditions, namely, dual-band (mid-wave and long-wave) infrared cameras, computer software and software algorithms for imaging, signal processing, data merge, data correlation, data reduction, data detection, target tracking, video processing, real-time data and video recording, track maintenance and reporting over command and control interfaces, and wide-area surveillance or sector surveillance mode control; rugged computer peripherals, namely, blank magnetic disks and flash memory devices; integrated military force protection systems, namely, computers comprising multiple sensors, namely, thermal sensors, radar sensors, sonar sensors, and TV sensors, command and control computers, computer displays and software for monitoring the sensors and remote operation and control of a weapon; fuel cells; microprocessor- and network-based electronic motor controls; aircraft carrier local area network (LAN)-based computer hardware and software for data storage, data communications and data processing; maritime and airborne electro-optical surveillance, sighting and targeting devices for detecting, recognizing, identifying, ranging, and designating targets, comprising high-resolution television cameras, thermal imaging sensors, laser range finders/designators and bore sight assemblies; uncooled thermal imaging equipment and software for detecting, recognizing, identifying, ranging, and designating targets, used for unattended sensing, individual and crew-served weapons, fused and/or infrared goggles, physical and perimeter security, hand-held viewing and ranging and vehicle-mounted sights and drivers' viewing aids, namely, stabilized, lightweight gimbals that control sensors and which are suitable for mobile applications and mounting on a variety of land, sea and air vehicles; cooled infrared detectors and cooler assemblies for thermal imaging equipment, infrared detectors, dewars, and cryogenic coolers; semiconductor device, namely, a focal plane array for military, commercial and space applications; integrated voice and data transfer systems and tactical, secure and non-secure communication systems providing voice transmission for internal naval ship communications, comprising modems, computer terminals and digital telephones; deployable, crash-survivable avionics systems for military and commercial rotary- and fixed-wing aircraft composed of flight data recorders, cockpit voice recorders and emergency locator beacons; digital imaging systems composed of integrated computers, high-speed digital cameras, image processing and analysis software and digitizers for defense purposes, namely, to capture and record the release of weapons on board military aircraft and the launch of vehicles or fire control systems and for commercial uses, namely, car crash testing, automated manufacturing failure/fault detection analysis and any other application that requires image recording of events that cannot be detected by the human eye; night vision scope and infrared night vision scope; night vision scope and infrared night vision scope attachable to cameras and video cameras and recording devices; air combat training, test, and evaluation equipment namely, global positioning systems and inertial-based position and movement measurement instruments and radio communications equipment installable on an aircraft; airborne and ground-based electronic radio frequency emitters and data collectors for training aircrew and evaluating electronic warfare countermeasures; ground-based, ship-based, and man-portable radar antennas, radar antenna stands and pedestals, radar exciters, radio-frequency amplifiers, and radar signal processors; aviation electronics used to communicate aircraft telemetry and the relative position of other aircraft; aviation electronics to control the auto pilot and auto throttle devices on board an aircraft; electronic test and diagnostic equipment used for testing electronic and electro-optical components of ground vehicles, namely tracked and wheeled vehicles, and strategic weapons, namely ballistic missiles, and fixed-wing aircraft; microprocessor-based controllers, batteries, capacitors, inductors, pulse-forming networks, and related electrical power storage and delivery devices; electronics components for tactical wheeled and tracked vehicles, namely video displays, video multiplexing and distribution devices, digital data busses and on-vehicle data network interfaces, electrical power distribution, and interfaces for vehicle engine and steering control; embedded diagnostic storage, dissemination, and analysis devices, namely, circuit card assemblies for wheeled and tracked ground vehicles, used for communicating with the internal vehicle diagnostic data busses of the vehicles to collect, store, analyze, and retransmit vehicle health and status information; mechanically-stabilized gimbals intended for use with electro-optical sensors and laser payloads; electronic sighting systems for weapons; laser-based aimers, pointers, and illuminators for military and paramilitary use; voice and data communications equipment, namely telephones and radio-frequency (RF) transmission systems employing cryptographic hardware and software, to provide secure communications over public service telephone and military tactical networks; radio-frequency (RF) communications and signal collection equipment for shipboard platforms, air platforms, fixed ground station, vehicle-mounted, and soldier-borne applications, namely antennae; antenna platforms, gimbals, and pedestals; RF tuners; RF modulator/demodulators; RF power amplifiers; RF frequency converters; low-noise oscillators; RF signal digitizers; and hardware and software signal processors for digital RF signal processing; shipboard data network equipment, routers, hubs, and switches, using electrical or optical transmission, for the distribution of data or voice information; radio-frequency (RF) direction-finding systems and components thereof, namely antennae, RF tuners, signal digitizers, and signal processing software and hardware for computing the location of RF emissions; power control electronics, namely microprocessor-based hardware and software used to control the operation of power conversion and distribution equipment; digital signal processing equipment, namely microprocessor- and field programmable gate array-based processors on circuit card assemblies, and optical and electronic interconnection networks for digital signal distribution between circuit cards; electronic aviation components for fixed-wing and rotorcraft platforms, namely cockpit control panels, video displays, video distribution (multiplexing and switching) systems, digital data busses, beacon rings, electrical transformers, aircraft landing lights, videocassette recorders; high-speed digital data recorders, namely computers with specialized interface peripheral cards and software to control the digitization and storage of digital data to the computer's hard disk; military-grade laptop computers, tablet computers, and personal digital assistant (PDA) computers; military-grade vehicle computers, namely computer workstations with external display, keyboard, and pointing devices for military and paramilitary in-vehicle use; military-grade flat panel liquid crystal displays; laptop computers, tablet computers, and personal digital assistant (PDA) computers for industrial and commercial applications; mobile computing peripherals, namely docking stations for laptops and tablet computers, removable hard disk drives, removable compact disc and DVD readers and recorders, and removable batteries; vehicle computers, namely ruggedized computer workstations with external display, keyboard, and pointing devices for industrial and commercial-vehicle use; flat panel liquid crystal displays for industrial and commercial applications; electrical power supplies; battery chargers; telecommunications and data networking hardware, namely, satellite ground stations, microwave transmitter and receivers, antennae, and telephony equipment; electronic test and diagnostic equipment used at aircraft flight lines and depot repair stations, used for testing electronic and electro-optical components of fixed-wing and rotary-wing aircraft; and electronic test and measurement devices for testing the performance of electronic weapon system components and their commercial equivalents, for tracking preventative maintenance requirements, and technical manuals therefor recorded on computer media; power conversion, distribution, and protection equipment for industrial and military applications, namely voltage converters, rectifiers, electrical power frequency converters, alternating current to direct current electric power converters, direct current to alternating current electric power converters, electric power switchgear and load centers, power panels, circuit breakers, motor starters, and overload relays; computerized control consoles used to monitor the status and control the operation of nuclear reactors; helicopter avionics sensor equipment, namely navigation systems and radio communications for providing autopiloting for hovering and lowspeed maneuvers
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 [European Community application number 6860803 filed 04/15/2008]. 15 U.S.C.Section 1126(d), as amended.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 011 for Refrigeration and freezing containers, for fixed facilities or within a shipping container system or in a trailer-towed system; portable space heaters; portable air conditioning units for aircraft; cooling coils for refrigeration and air conditioning systems; air handling systems, namely industrial heat transfer coils, dampered face and bypass coils, for use in industrial process clean rooms applications including pharmaceutical, surgical, and semiconductor manufacturing; air handler and heat pump for cooling, heating, dehumidifying, filtering, and circulating air for portable shelters; air compressors and air conditioners for military and industrial applications; and water purification units
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)).

Based on Foreign Application: Applicant has a bona fide intention to use the mark in commerce on or in connection with the identified goods and/or services, and will submit a copy of a foreign registration, and translation thereof, if appropriate. 15 U. S.C. Section 1126(d), as amended.

Proposed:
Tracked Text Description: Refrigeration and freezing containers, for fixed facilities or within a shipping container system or in a trailer-towed system; [portable space heaters]; portable electric and oil space heaters; portable air conditioning units for aircraft; cooling coils for refrigeration and air conditioning systems; air handling systems, namely industrial heat transfer coils, dampered face and bypass coils, for use in industrial process clean rooms applications including pharmaceutical, surgical, and semiconductor manufacturing; air handler and heat pump for cooling, heating, dehumidifying, filtering, and circulating air for portable shelters; [air compressors and air conditioners for military and industrial applications]; air conditioners for military and industrial applications; and water purification unitsClass 011 for Refrigeration and freezing containers, for fixed facilities or within a shipping container system or in a trailer-towed system; portable electric and oil space heaters; portable air conditioning units for aircraft; cooling coils for refrigeration and air conditioning systems; air handling systems, namely industrial heat transfer coils, dampered face and bypass coils, for use in industrial process clean rooms applications including pharmaceutical, surgical, and semiconductor manufacturing; air handler and heat pump for cooling, heating, dehumidifying, filtering, and circulating air for portable shelters; air conditioners for military and industrial applications; and water purification units
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 [European Community application number 6860803 filed 04/15/2008]. 15 U.S.C.Section 1126(d), as amended.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 012 for Unmanned aerial vehicles; unmanned ships and water surface vehicles; podded propulsion systems for marine craft, namely electric motors mounted within or outside of the hull of the ship or submarine and affixed to blades or other devices intended to move water and provide propulsion; electric motors and generators used for the propulsion of ground vehicles, namely motors for turning the wheels for trains, motors providing propulsion for wheeled and tracked ground vehicles, and generators for generating electrical power from rotational forces from the wheels or engines; power conversion, distribution, and protection equipment for industrial and military applications, namely voltage converters, rectifiers, electrical power frequency converters, alternating current to direct current electric power converters, direct current to alternating current electric power converters, electric power switchgear and load centers, power panels, circuit breakers, motor starters, and overload relays; electric-drive motors and electrical generators for use with marine propulsion and power systems; computerized control consoles used to monitor the status and control the operation of nuclear reactors; helicopter avionics equipment for providing autopiloting assistance for hovering and low-speed maneuvers; trailers for carrying armored vehicles or other heavy equipment; and mobile powered deck conveyor for moving cargo
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)).

Based on Foreign Application: Applicant has a bona fide intention to use the mark in commerce on or in connection with the identified goods and/or services, and will submit a copy of a foreign registration, and translation thereof, if appropriate. 15 U. S.C. Section 1126(d), as amended.

Proposed:
Tracked Text Description: Unmanned aerial vehicles; unmanned ships and water surface vehicles; podded propulsion systems for marine craft, namely electric motors mounted within or outside of the hull of the ship or submarine and affixed to blades or other devices intended to move water and provide propulsion; electric motors and generators used for the propulsion of ground vehicles, namely motors for turning the wheels for trains, motors providing propulsion for wheeled and tracked ground vehicles, and generators for generating electrical power from rotational forces from the wheels or engines; [power conversion, distribution, and protection equipment for industrial and military applications, namely voltage converters, rectifiers, electrical power frequency converters, alternating current to direct current electric power converters, direct current to alternating current electric power converters, electric power switchgear and load centers, power panels, circuit breakers, motor starters, and overload relays]; electric-drive motors and electrical generators for use with marine propulsion and power systems; and trailers for carrying armored vehicles or other heavy equipment; [computerized control consoles used to monitor the status and control the operation of nuclear reactors]; [helicopter avionics equipment for providing autopiloting assistance for hovering and low-speed maneuvers]; [trailers for carrying armored vehicles or other heavy equipment]; [and mobile powered deck conveyor for moving cargo]Class 012 for Unmanned aerial vehicles; unmanned ships and water surface vehicles; podded propulsion systems for marine craft, namely electric motors mounted within or outside of the hull of the ship or submarine and affixed to blades or other devices intended to move water and provide propulsion; electric motors and generators used for the propulsion of ground vehicles, namely motors for turning the wheels for trains, motors providing propulsion for wheeled and tracked ground vehicles, and generators for generating electrical power from rotational forces from the wheels or engines; electric-drive motors and electrical generators for use with marine propulsion and power systems; and trailers for carrying armored vehicles or other heavy equipment
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 [European Community application number 6860803 filed 04/15/2008]. 15 U.S.C.Section 1126(d), as amended.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 019 for Self-contained environmental shelters providing protection against chemical or biological contamination
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)).

Based on Foreign Application: Applicant has a bona fide intention to use the mark in commerce on or in connection with the identified goods and/or services, and will submit a copy of a foreign registration, and translation thereof, if appropriate. 15 U. S.C. Section 1126(d), as amended.

Proposed:
Tracked Text Description: [Self-contained environmental shelters providing protection against chemical or biological contamination], Liquid storage tanks of masonry for use with fuel and water distribution machinery; self-contained nonmetal environmental shelters providing protection against chemical or biological contaminationClass 019 for Liquid storage tanks of masonry for use with fuel and water distribution machinery; self-contained nonmetal environmental shelters providing protection against chemical or biological contamination
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 [European Community application number 6860803 filed 04/15/2008]. 15 U.S.C.Section 1126(d), as amended.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 026 for Fabric patches and panels with easily recognizable visual or infrared appearance which are affixed to soldiers or vehicles to provide for easy identification during military operations
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)).

Based on Foreign Application: Applicant has a bona fide intention to use the mark in commerce on or in connection with the identified goods and/or services, and will submit a copy of a foreign registration, and translation thereof, if appropriate. 15 U. S.C. Section 1126(d), as amended.

Proposed: Class 026 for Fabric patches and panels with easily recognizable visual or infrared appearance which are affixed to soldiers or vehicles to provide for easy identification during military operations
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 [European Community application number 6860803 filed 04/15/2008]. 15 U.S.C.Section 1126(d), as amended.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 035 for Project management services in the field of military operations; logistics management in the field of military operations; logistics management in the field of military operations, via an online web site; promoting the goods and services of others by providing a web site at which users can link to other operating units in the field of engineering and manufacturing military support equipment and electronics for military and commercial customers; and acquisition services in the field of military operations, namely managing the procurement and distribution of military support equipment
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)).

Based on Foreign Application: Applicant has a bona fide intention to use the mark in commerce on or in connection with the identified goods and/or services, and will submit a copy of a foreign registration, and translation thereof, if appropriate. 15 U. S.C. Section 1126(d), as amended.

Proposed:
Tracked Text Description: [Project management services in the field of military operations]; Project management services for others in the field of military operations; logistics management in the field of military operations; logistics management in the field of military operations, via an online web site; promoting the goods and services of others by providing a web site at which users can link to other operating units in the field of engineering and manufacturing military support equipment and electronics for military and commercial customers; [and acquisition services in the field of military operations, namely managing the procurement and distribution of military support equipment]; acquisition services for others in the field of military operations, namely managing the procurement and distribution of military support equipmentClass 035 for Project management services for others in the field of military operations; logistics management in the field of military operations; logistics management in the field of military operations, via an online web site; promoting the goods and services of others by providing a web site at which users can link to other operating units in the field of engineering and manufacturing military support equipment and electronics for military and commercial customers; acquisition services for others in the field of military operations, namely managing the procurement and distribution of military support equipment
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 [European Community application number 6860803 filed 04/15/2008]. 15 U.S.C.Section 1126(d), as amended.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 037 for Engineering and administrative services for depot-level equipment repair and installation
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)).

Based on Foreign Application: Applicant has a bona fide intention to use the mark in commerce on or in connection with the identified goods and/or services, and will submit a copy of a foreign registration, and translation thereof, if appropriate. 15 U. S.C. Section 1126(d), as amended.

Proposed:
Tracked Text Description: [Engineering and administrative services for depot-level equipment repair and installation], Depot-level equipment repair and installation for the maintenance, repair and overhaul of aircraft; maintenance of equipment for telecommunications servicesClass 037 for Depot-level equipment repair and installation for the maintenance, repair and overhaul of aircraft; maintenance of equipment for telecommunications services
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 [European Community application number 6860803 filed 04/15/2008]. 15 U.S.C.Section 1126(d), as amended.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 038 for Telecommunication services, namely, local and long distance transmission of voice, data, graphics by means of telephone, telegraphic, cable, microwave, or satellite transmissions, and maintenance, traffic monitoring and control, and equipment monitoring of the telecommunication services; leasing of satellite and terrestrial wireless connectivity, namely bandwidth on satellite transponders or other available wireless equipment
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)).

Based on Foreign Application: Applicant has a bona fide intention to use the mark in commerce on or in connection with the identified goods and/or services, and will submit a copy of a foreign registration, and translation thereof, if appropriate. 15 U. S.C. Section 1126(d), as amended.

Proposed:
Tracked Text Description: [Telecommunication services, namely, local and long distance transmission of voice, data, graphics by means of telephone, telegraphic, cable, microwave, or satellite transmissions, and maintenance, traffic monitoring and control, and equipment monitoring of the telecommunication services]; Telecommunication services, namely, local and long distance transmission of voice, data, graphics by means of telephone, telegraphic, cable, microwave, or satellite transmissions; leasing of satellite and terrestrial wireless connectivity, namely bandwidth on satellite transponders or other available wireless equipmentClass 038 for Telecommunication services, namely, local and long distance transmission of voice, data, graphics by means of telephone, telegraphic, cable, microwave, or satellite transmissions; leasing of satellite and terrestrial wireless connectivity, namely bandwidth on satellite transponders or other available wireless equipment
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 [European Community application number 6860803 filed 04/15/2008]. 15 U.S.C.Section 1126(d), as amended.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 040 for Design, manufacture, and test of circuit card assemblies, cables, cable harnesses, and metal working for others
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)).

Based on Foreign Application: Applicant has a bona fide intention to use the mark in commerce on or in connection with the identified goods and/or services, and will submit a copy of a foreign registration, and translation thereof, if appropriate. 15 U. S.C. Section 1126(d), as amended.

Proposed:
Tracked Text Description: [Design], Custom manufacture of circuit card assemblies, [manufacture], cables, [and test of circuit card assemblies], cable harnesses, and metal working for othersClass 040 for Custom manufacture of circuit card assemblies, cables, cable harnesses, and metal working for others
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 [European Community application number 6860803 filed 04/15/2008]. 15 U.S.C.Section 1126(d), as amended.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 041 for Educational and training services for engineering and administrative personnel
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)).

Based on Foreign Application: Applicant has a bona fide intention to use the mark in commerce on or in connection with the identified goods and/or services, and will submit a copy of a foreign registration, and translation thereof, if appropriate. 15 U. S.C. Section 1126(d), as amended.

Proposed:
Tracked Text Description: [Educational and training services for engineering and administrative personnel], Educational services in the nature of writing technical manuals and performing onsite technical training, and training services, all in the field of military and industrial for the engineering and administrative personnel of othersClass 041 for Educational services in the nature of writing technical manuals and performing onsite technical training, and training services, all in the field of military and industrial for the engineering and administrative personnel of others
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 [European Community application number 6860803 filed 04/15/2008]. 15 U.S.C.Section 1126(d), as amended.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 042 for Engineering services for mechanical, electrical, and software design, namely of computer data networks, display workstations, computer workstations, thin clients; engineering services for the analysis, design, manufacture, test, and maintenance of power systems employing steam or gas turbine engines, and systems engineering services for the design of industrial and military electronic power generation and delivery equipment including one or more of the following, electric generators, electric motors, power conversion equipment, namely frequency, voltage, and AC/DC and DC/AC converters, power distribution and safety equipment, namely switchgear and load centers, circuit breakers, and overload relays, and microprocessor-based machinery controllers; testing of electronic component devices, assemblies and systems, namely, sonar systems, combat systems, radar systems, magnetic video recordings rotary head scanner assemblies and broadcast quality video recording devices and parts therefor; engineering services in the field of military operations, namely resource allocation and integration management to fulfill requirements for specific military capabilities using available components and machinery; consulting services in the field of environmental assessment, compliance and planning; preparing environmental compliance reports; design, manufacture, and test of circuit card assemblies, cables, cable harnesses, and metal working for others; technical manuals for systems engineering, software engineering, integrated logistics support, depot-level equipment repair and installation, maintenance planning, configuration management, and administrative support; engineering and administrative services for integrated logistics support; and engineering and administrative services, namely systems engineering and software engineering
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)).

Based on Foreign Application: Applicant has a bona fide intention to use the mark in commerce on or in connection with the identified goods and/or services, and will submit a copy of a foreign registration, and translation thereof, if appropriate. 15 U. S.C. Section 1126(d), as amended.

Proposed:
Tracked Text Description: Engineering services for mechanical, electrical, and software design, namely of computer data networks, display workstations, computer workstations, thin clients; [engineering services for the analysis, design, manufacture, test, and maintenance of power systems employing steam or gas turbine engines, and systems engineering services for the design of industrial and military electronic power generation and delivery equipment including one or more of the following, electric generators, electric motors, power conversion equipment, namely frequency, voltage, and AC/DC and DC/AC converters, power distribution and safety equipment, namely switchgear and load centers, circuit breakers, and overload relays, and microprocessor-based machinery controllers]; engineering services for the analysis, design, manufacture, test, and maintenance of power systems employing steam or gas turbine engines, and systems engineering services for the design of industrial and military electronic power generation and delivery equipment including one or more of the following: electric generators, electric motors, power conversion equipment, namely frequency, voltage, and AC/DC and DC/AC converters, power distribution and safety equipment, namely switchgear and load centers, circuit breakers, and overload relays, and microprocessor-based machinery controllers; [testing of electronic component devices, assemblies and systems, namely, sonar systems, combat systems, radar systems, magnetic video recordings rotary head scanner assemblies and broadcast quality video recording devices and parts therefor]; testing of electronic component devices, assemblies and systems, namely, sonar systems, combat systems, radar systems, magnetic video recordings rotary head scanner assemblies and broadcast quality video recording devices and parts therefore; [engineering services in the field of military operations, namely resource allocation and integration management to fulfill requirements for specific military capabilities using available components and machinery]; engineering services in the field of military operations, namely in the field of resource allocation and integration management to fulfill requirements for specific military capabilities using available components and machinery; consulting services in the field of environmental assessment, compliance and planning; preparing environmental compliance reports; design, manufacture, and test of circuit card assemblies, cables, cable harnesses, and metal working for others; [technical manuals for systems engineering, software engineering, integrated logistics support, depot-level equipment repair and installation, maintenance planning, configuration management, and administrative support]; engineering and administrative services for integrated logistics support; engineering and administrative services, namely systems engineering and software engineering; [and engineering and administrative services, namely systems engineering and software engineering]; and technical support, namely monitoring and control of network traffic and equipment systems network-traffic monitoring and control, and equipment monitoring relating to telecommunication servicesClass 042 for Engineering services for mechanical, electrical, and software design, namely of computer data networks, display workstations, computer workstations, thin clients; engineering services for the analysis, design, manufacture, test, and maintenance of power systems employing steam or gas turbine engines, and systems engineering services for the design of industrial and military electronic power generation and delivery equipment including one or more of the following: electric generators, electric motors, power conversion equipment, namely frequency, voltage, and AC/DC and DC/AC converters, power distribution and safety equipment, namely switchgear and load centers, circuit breakers, and overload relays, and microprocessor-based machinery controllers; testing of electronic component devices, assemblies and systems, namely, sonar systems, combat systems, radar systems, magnetic video recordings rotary head scanner assemblies and broadcast quality video recording devices and parts therefore; engineering services in the field of military operations, namely in the field of resource allocation and integration management to fulfill requirements for specific military capabilities using available components and machinery; consulting services in the field of environmental assessment, compliance and planning; preparing environmental compliance reports; design, manufacture, and test of circuit card assemblies, cables, cable harnesses, and metal working for others; engineering and administrative services for integrated logistics support; engineering and administrative services, namely systems engineering and software engineering; and technical support, namely monitoring and control of network traffic and equipment systems network-traffic monitoring and control, and equipment monitoring relating to telecommunication services
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 [European Community application number 6860803 filed 04/15/2008]. 15 U.S.C.Section 1126(d), as amended.

Applicant hereby adds the following class of goods/services to the application:
New: Class 016 for Technical manuals for systems engineering, software engineering, integrated logistics support, depot-level equipment repair and installation, maintenance planning, configuration management, and administrative support
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 [European Community application number 6860803 filed 04/15/2008]. 15 U.S.C.Section 1126(d), as amended.

Applicant hereby adds the following class of goods/services to the application:
New: Class 045 for Preparing environmental compliance reports
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 [European Community application number 6860803 filed 04/15/2008]. 15 U.S.C.Section 1126(d), as amended.

ADDITIONAL STATEMENTS
In response to the Examining Attorney's inquiry regarding the basis for filing, Applicant wishes to maintain the dual filing basis (both Section 44(d) and Section 1(b)) until such time as the underlying foreign registration issues. At this time the foreign application has not yet matured to registration.

FEE(S)
Fee(s) in the amount of $650 is being submitted.

SIGNATURE(S)
Declaration Signature
If the applicant is seeking registration under Section 1(b) and/or Section 44 of the Trademark Act, the applicant has 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); and/or the applicant has had a bona fide intention to exercise legitimate control over the use of the mark in commerce by its members. 37 C.F. R. Sec. 2.44. 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); and/or the applicant has exercised legitimate control over the use of the mark in commerce by its members. 37 C.F.R. Sec. 244. 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: /William J. Heller/      Date: 02/18/2009
Signatory's Name: William J. Heller
Signatory's Position: Attorney of record, New Jersey bar member

Response Signature
Signature: /William J. Heller/     Date: 02/18/2009
Signatory's Name: William J. Heller
Signatory's Position: Attorney of record, New Jersey 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.

        
RAM Sale Number: 8323
RAM Accounting Date: 02/18/2009
        
Serial Number: 77462222
Internet Transmission Date: Wed Feb 18 12:14:01 EST 2009
TEAS Stamp: USPTO/ROA-XX.XX.XXX.XXX-2009021812140129
9704-77462222-4404382c03bdb72dd1d78a023f
fe5c24832-DA-8323-20090218114858615834