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. 77844341 has been amended as follows:

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

Applicant is in receipt of the office action dated January 9, 2010.  In response thereof, applicant has the following comments.

The list of goods were objected to as being indefinite.  In accordance with the examining attorney's suggestion, applicant has amended the list of goods to be as follows:

Computer, computer printers and computer programs for use by restaurants, namely computer programs for handling point of sale transactions, real-time sales reports, inventory management, management of reservations, payroll, timekeeping and tracking tips

In view of this amendment, applicant submits the the goods are now clear and definite.

No marks were found which would bar registration. In view of the correction to the list of goods, applicant submits that the application is now in condition for publication.  The examining attorney is invited to contact the undersigned should any questions arise.


CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 009 for computer, computer printers and computer programs for use by restaurants
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 05/01/1984 and first used in commerce at least as early as 07/15/1988, and is now in use in such commerce.

Proposed:
Tracked Text Description: computer, computer printers and computer programs for use by restaurants; Computer, computer printers and computer programs for use by restaurants, namely computer programs for handling point of sale transactions, real-time sales reports, inventory management, management of reservations, payroll, timekeeping and tracking tipsClass 009 for Computer, computer printers and computer programs for use by restaurants, namely computer programs for handling point of sale transactions, real-time sales reports, inventory management, management of reservations, payroll, timekeeping and tracking tips
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 05/01/1984 and first used in commerce at least as early as 07/15/1988, and is now in use in such commerce.
SIGNATURE(S)
Response Signature
Signature: /drj/     Date: 03/08/2010
Signatory's Name: David R. Josephs
Signatory's Position: Attorney of record, RI 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: 77844341
Internet Transmission Date: Mon Mar 08 13:38:43 EST 2010
TEAS Stamp: USPTO/ROA-XX.X.X.XX-20100308133843393346
-77844341-4601879aef0f92737942f1fca315fb
42-N/A-N/A-20100308133249464600