Response to Office Action

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. 77828559 has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant hereby deletes the following class of goods/services from the application.
Class 009 for Ground penetrating radar equipment.; Leasing ground penetrating radar equipment

Applicant hereby adds the following class of goods/services to the application:
New: Class 042 (Original Class: 009 ) for Leasing ground penetrating radar equipment
Filing Basis: Section 1(a), Use in Commerce: The mark was first used at least as early as 08/31/2005 and first used in commerce at least as early as 08/31/2005, and is now in use in such commerce.
Applicant hereby submits a specimen for Class 042.

ADDITIONAL STATEMENTS
The initial application included both goods, namely, "ground penetrating radar equipment" filed under Section 1(b), and services, namely, "leasing ground penetrating radar equipment" filed under Section 1(a). The goods and services in the initial application were filed in international class 009. Applicant hereby amends the application to delete the goods related to "ground penetrating radar equipment" filed under Section 1(b). Further, Applicant hereby amends the international class from 009 to 042. In view of the above-amendments, the application now includes services related to "leasing ground penetrating radar equipment" filed under Section 1(a) in international class 042. The Examiner stated that the specimen submitted with the initial application is acceptable for international class 042. As such, Applicant submits that no additional specimen is necessary. The dates of use for international class 042 are the same as the dates specified in the initial application. Only one class remains in the application (international class 042), therefore the fee paid with the filing of the application is believed to be sufficient.

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: /Dennis B. Danella/     Date: 01/13/2010
Signatory's Name: Dennis B. Danella, Esq.
Signatory's Position: Attorney of record, NYS 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.

        
Serial Number: 77828559
Internet Transmission Date: Wed Jan 13 14:09:54 EST 2010
TEAS Stamp: USPTO/ROA-XX.XX.XXX.X-201001131409546465
69-77828559-460ad37659445d77b5272deffda5
c23e84d-N/A-N/A-20100113140725095956