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. 77704357 has been amended as follows:

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

Applicant has narrowed its description to "PROVIDING A SECURITIES TRADING SYSTEM; OBJECTIVELY RATING SECURITIES; PROVIDING ANALYSES OF SECURITIES MARKETS AND MODELS THAT OBJECTIVELY RATE SECURITIES". 

Applicant is not a registered investment advisor and would not be providing "Investment advisory services; Investment services, namely, asset acquisition, consultation, development and management services; Financial services, namely, investment fund transfer and transaction services; Financial planning and investment advisory services; Financial portfolio management" which are services of the registered user.

Further, the registered mark does not provide services relating to an objective trading system or objectively rating securities (which involves purely quantatative analysis) as opposed to "valuating" securities (which typically involves fundamental analysis).  Hence there is no overlap in services between the registered mark and Applicant's mark.

"TPS" is not a term of art in the industy.  It stands for "Time-Price Scale In", the name of a purely quantitative trading system.

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 036 for Providing Financial Markets Information
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:
Tracked Text Description: Providing Financial Markets Information; PROVIDING A SECURITIES TRADING SYSTEM; OBJECTIVELY RATING SECURITIES; PROVIDING ANALYSES OF SECURITIES MARKETS AND MODELS THAT OBJECTIVELY RATE SECURITIESClass 036 for PROVIDING A SECURITIES TRADING SYSTEM; OBJECTIVELY RATING SECURITIES; PROVIDING ANALYSES OF SECURITIES MARKETS AND MODELS THAT OBJECTIVELY RATE SECURITIES
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)).

CORRESPONDENCE ADDRESS CHANGE
Applicant proposes to amend the following:
Current:
PARAG PATEL
THE EVEREST LAW GROUP, APC
6601 CENTER DR W STE 515
LOS ANGELES, CA 90045-1582

Proposed:
PARAG PATEL of Information PARAG PATEL, having an address of
6601 CENTER DR W STE 515 LOS ANGELES, California 90045-1582
United States
ppatel@everestlaw.com
3104035811
2133416602



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 and/or services listed in the application as of the application filing date or as of the date of any submitted allegation of use. 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. Section1001, 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. Section1051(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: /parag patel/      Date: 12/11/2009
Signatory's Name: Parag Patel
Signatory's Position: Attorney

Response Signature
Signature: /parag patel/     Date: 12/11/2009
Signatory's Name: Parag Patel
Signatory's Position: Attorney

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.

Mailing Address:    PARAG PATEL
   Information PARAG PATEL
   6601 CENTER DR W STE 515
   LOS ANGELES, California 90045-1582
        
Serial Number: 77704357
Internet Transmission Date: Fri Dec 11 13:34:37 EST 2009
TEAS Stamp: USPTO/ROA-XX.XX.XXX.XXX-2009121113343750
6509-77704357-4602498e1a95cf514f4a6823de
4708f9522-N/A-N/A-20091211124323536186