Response to Office Action

PTO Form 1957 (Rev 9/2005)

OMB No. 0651-0050 (Exp. 04/2009)

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PTO Form 1957 (Rev 9/2005)

OMB No. 0651-0050 (Exp. 04/2009)

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 77579844 has been amended as follows:

MARK
Applicant proposes to amend the mark as follows:
Current: AES (Stylized and/or with Design)
The color(s) green is/are claimed as a feature of the mark.
The mark consists of Three circles with identical size interconnected from left to right with a horizontal line at the central line shared by the three circles, the very left circle having a gap at its bottom, the middle circle having a gap at its right side immediately under the horizental line, the right circle have two gaps, one at its right side immediately above the horizental line, and the other at its left side immediately under the horizental line; the three circles and the horizental line are in green color; the three circles, the horizental line, and the the gaps having an identical width.

Proposed: aes (Stylized and/or with Design, see mark)

The color(s) green is/are claimed as a feature of the mark. The mark consists of The mark consists of Three circles with identical size interconnected from left to right with a horizontal line at the central line shared by the three circles, the very left circle having a gap at its bottom, the middle circle having a gap at its right side immediately under the horizontal line, the right circle have two gaps, one at its right side immediately above the horizontal line, and the other at its left side immediately under the horizontal line; the three circles and the horizontal line are in green color; the three circles, the horizontal line, and the gaps having an identical width.

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 011 for Solar energy device, equipment and systems; wind power device, equipment and systems; alternative energy solution systems
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)).

Proposed: Class 011 for Flat plate photovoltaic apparatus, photovoltaic panels, concentrator photovoltaic panels, solar heat collection panels, light beam splitters for photovoltaic panels, reflective beam splitters for photovoltaic panels.
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
Disclaimer
No claim is made to the exclusive right to use the color "green" or the letters "AES" apart from the mark as shown.

SIGNATURE(S)
Declaration Signature
If the applicant is seeking registration under Section 1(b) and/or Section 44 of the Trademark Act, the applicant had a bona fide intention to use or use through the applicant's related company or licensee the mark in commerce on or in connection with the identified goods and/or services as of the filing date of the application. 37 C.F.R. Secs. 2.34(a)(2)(i); 2.34 (a)(3)(i); and 2.34(a)(4)(ii). If the applicant is seeking registration under Section 1(a) of the Trademark Act, the mark was in use in commerce on or in connection with the goods or services listed in the application as of the application filing date. 37 C.F.R. Secs. 2.34(a)(1)(i). The undersigned, being hereby warned that willful false statements and the like so made are punishable by fine or imprisonment, or both, under 18 U.S.C. §1001, and that such willful false statements may jeopardize the validity of the application or any resulting registration, declares that he/she is properly authorized to execute this application on behalf of the applicant; he/she believes the applicant to be the owner of the trademark/service mark sought to be registered, or, if the application is being filed under 15 U.S.C. §1051(b), he/she believes applicant to be entitled to use such mark in commerce; to the best of his/her knowledge and belief no other person, firm, corporation, or association has the right to use the mark in commerce, either in the identical form thereof or in such near resemblance thereto as to be likely, when used on or in connection with the goods/services of such other person, to cause confusion, or to cause mistake, or to deceive; that if the original application was submitted unsigned, that all statements in the original application and this submission made of the declaration signer's knowledge are true; and all statements in the original application and this submission made on information and belief are believed to be true.

Signature: /leonejew/      Date: 12/30/2008
Signatory's Name: Leon E. Jew
Signatory's Position: Attorney of Record

Response Signature
Signature: /leonejew/     Date: 12/30/2008
Signatory's Name: Leon E. Jew
Signatory's Position: Attorney of Record

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

        
Serial Number: 77579844
Internet Transmission Date: Tue Dec 30 14:33:36 EST 2008
TEAS Stamp: USPTO/ROA-XX.XXX.XX.XXX-2008123014333666
7735-77579844-4301f2e3c37427b24256688d28
9689-N/A-N/A-20081230133516793620