Response to Office Action

PTO Form 1957 (Rev 9/2005)

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

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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. 77541433 has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant hereby deletes the following class of goods/services from the application.
Class 012 for Trailer jacks; Winches and spare tire carriers

Applicant hereby adds the following class of goods/services to the application:
New: Class 008 (Original Class: 012 ) for hand-operated trailer jacks
Filing Basis: Section 1(a), Use in Commerce: The mark was first used at least as early as 10/01/2007 and first used in commerce at least as early as 10/01/2007, and is now in use in such commerce.
Applicant hereby submits a specimen for Class 008. The specimen(s) submitted consists of a photograph of the goods as used in interstate commerce.
For an application based on 1(a), Use in Commerce, "The substitute specimen(s) was in use in commerce as of the filing date of the application."

Applicant hereby adds the following class of goods/services to the application:
New: Class 007 for power-operated trailer jacks, hydraulic trailer jacks, winches
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)).

Applicant hereby adds the following class of goods/services to the application:
New: Class 012 for spare tire carriers for vehicles
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)).

ADDITIONAL STATEMENTS
Significance of wording, letter(s), or numeral(s)
F2 appearing in the mark has no significance in the relevant trade or industry or as applied to the goods/services listed in the application, no geographical significance, nor any meaning in a foreign language.

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

SIGNATURE(S)
Declaration Signature
I hereby elect to bypass the submission of a signed declaration, because I believe a declaration is not required by the rules of practice. I understand that the examining attorney could still, upon later review, require a signed declaration.
Response Signature
Signature: /James M. Durlacher/     Date: 03/06/2009
Signatory's Name: James M. Durlacher
Signatory's Position: Attorney of record

The signatory has confirmed that he/she is an attorney who is a member in good standing of the bar of the highest court of a U.S. state, which includes the District of Columbia, Puerto Rico, and other federal territories and possessions; and he/she is currently the applicant's attorney or an associate thereof; and to the best of his/her knowledge, if prior to his/her appointment another U.S. attorney or a Canadian attorney/agent not currently associated with his/her company/firm previously represented the applicant in this matter: (1) the applicant has filed or is concurrently filing a signed revocation of or substitute power of attorney with the USPTO; (2) the USPTO has granted the request of the prior representative to withdraw; (3) the applicant has filed a power of attorney appointing him/her in this matter; or (4) the applicant's appointed U.S. attorney or Canadian attorney/agent has filed a power of attorney appointing him/her as an associate attorney in this matter.

        
RAM Sale Number: 2120
RAM Accounting Date: 03/09/2009
        
Serial Number: 77541433
Internet Transmission Date: Fri Mar 06 16:33:25 EST 2009
TEAS Stamp: USPTO/ROA-XXX.XX.XXX.X-20090306163325983
187-77541433-4404cf4ff369b5519d59322b688
bb1d512-CC-2120-20090306162822398719