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. 77669962 has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 009 for Photovoltaic cells and modules
Original Filing Basis:
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 12/08/2008 and first used in commerce at least as early as 12/08/2008, and is now in use in such commerce.

Proposed: Class 009 for Photovoltaic cells and modules
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 12/08/2008 and first used in commerce at least as early as 12/08/2008, and is now in use in such commerce.
Applicant hereby submits a new specimen for Class 009. The specimen(s) submitted consists of a product display used in retail locations which features the applied-for mark in the upper left with information regarding the photovoltaic goods being offered. There is also a solar panel - containing photovoltaic cells and modules - mounted on the "roof" of the display. Please note that cells and modules are components of the finished solar panel and neither is typically sold to retail consumers apart from the assembled panel..
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."
Specimen File1

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 011 for Solar heat collection panels; solar thermal air systems for heating purposes; solar water heaters
Original Filing Basis:
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 12/08/2008 and first used in commerce at least as early as 12/08/2008, and is now in use in such commerce.

Proposed: Class 011 for Solar heat collection panels; solar thermal air systems for heating purposes; solar water heaters
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 12/08/2008 and first used in commerce at least as early as 12/08/2008, and is now in use in such commerce.
Applicant hereby submits a new specimen for Class 011. The specimen(s) submitted consists of a product display used in retail locations which features the applied-for mark in the upper left with information regarding the solar thermal systems being offered. There is also a solar panel mounted on the "roof" of the display..
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."
Specimen File1

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 037 for Installation and maintenance of photovoltaic systems; installation and maintenance of solar thermal systems; installation of building insulation; installation of windows
Original Filing Basis:
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 12/08/2008 and first used in commerce at least as early as 12/08/2008, and is now in use in such commerce.

Proposed: Class 037 for Installation and maintenance of photovoltaic systems; installation and maintenance of solar thermal systems; installation of building insulation; installation of windows
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 12/08/2008 and first used in commerce at least as early as 12/08/2008, and is now in use in such commerce.
Applicant hereby submits a new specimen for Class 037. The specimen(s) submitted consists of a screen shot of applicant's website containing the applied-for mark in conjunction with information about the installation services offered by applicant..
For an application based on 1(a), Use in Commerce, "The substitute specimen(s) was in use in commerce as of the filing date of the application."
Original PDF file:
SPU3-13888162101-170722569_._AES_Website_Installation.pdf
Converted PDF file(s) (1 page)
Specimen File1

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: /pnl/      Date: 04/07/2009
Signatory's Name: Peter N. Lobasso
Signatory's Position: Attorney of Record

Response Signature
Signature: /pnl/     Date: 04/07/2009
Signatory's Name: Peter N. Lobasso
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: 77669962
Internet Transmission Date: Tue Apr 07 17:32:42 EDT 2009
TEAS Stamp: USPTO/ROA-XXX.XX.XXX.XXX-200904071732423
50612-77669962-430191a54bddf3e0f38abba3a
15428b4b0-N/A-N/A-20090407170722569170