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. 77885875 has been amended as follows:

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

APPLICANT’S RESPONSE TO OFFICE ACTION

The Examiner has requested that Applicant move the goods "Electric lighting fixtures, namely, power failure backup safety lighting" from Class 11 into Class 9.  As shown in the attached excerpt from the Trademark ID manual, Applicant believes that the goods have been properly filed in Class 11.   

Conclusion

Applicant has responded to each issue raised by the Examining Attorney and believes the application to be in a condition for publication. Applicant respectfully requests same.

EVIDENCE
Evidence in the nature of Page from Class ID manual has been attached.
Original PDF file:
evi_121065172-151157695_._classIDmanual.pdf
Converted PDF file(s) (1 page)
Evidence-1

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 009 for Automotive, industrial, construction, locomotive, aviation, navigation and marine safety-warning lights namely strobes, rotating lights and bar lights; lighting ballasts; lighting control panels; lighting control software for use in commercial and industrial facilities; lighting controls; luminous safety beacons; safety equipment, namely, beacon lights; lighting beacons and strobes for airport runways, taxiways, ramps, approaches, towers; lighting for cabinets, shelving, counters, work areas, cubicles, closets and ambient lighting
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: Automotive, industrial, construction, locomotive, aviation, navigation and marine safety-warning lights namely strobes, rotating lights and bar lights; lighting ballasts; lighting control panels; lighting control software for use in commercial and industrial facilities; lighting controls; luminous safety beacons; safety equipment, namely, beacon lights; lighting beacons and strobes for airport runways, taxiways, ramps, approaches, towers; lighting for cabinets, shelving, counters, work areas, cubicles, closets and ambient lightingClass 009 for Automotive, industrial, construction, locomotive, aviation, navigation and marine safety-warning lights namely strobes, rotating lights and bar lights; lighting ballasts; lighting control panels; lighting control software for use in commercial and industrial facilities; lighting controls; luminous safety beacons; safety equipment, namely, beacon lights; lighting beacons and strobes for airport runways, taxiways, ramps, approaches, towers
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)).

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 011 for Ceiling lights; Electric light bulbs; Electric lighting fixtures; Electric lighting fixtures, namely, power failure backup safety lighting; Electric lighting fixtures, namely, sconces; Electric track lighting units; Fiber optic lighting fixtures used in conjunction with electrical illuminators; Flat panel lighting apparatus; Fluorescent lighting tubes; Lamps for outdoor use; Landscape lighting installations; LED (light emitting diode) lighting fixtures; LED (light emitting diodes) lighting fixtures for use in display, commercial, industrial, residential, and architectural accent lighting applications; LED and HID light fixtures; LED light assemblies for street lights, signs, commercial lighting, automobiles, buildings, and other architectural uses; LED light bulbs; LED lighting fixtures for indoor and outdoor lighting applications; Lighting apparatus for theatres, clubs and discotheques; Lighting apparatus for vehicles; Lighting fixtures; Lighting fixtures for use in parking decks and garages; Lighting fixtures for use in parking lots and walkways; Lights for illuminating stairs, doors and other portions of buildings; Outdoor lighting, namely, paver lights; Outdoor portable lighting products, namely, headlamps; Wall lights; lamps for street lighting; lamps for airport lighting; lamps for interior office lighting; lamps for interior residence lighting; lamps for facility lighting
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: Ceiling lights; Electric light bulbs; Electric lighting fixtures; Electric lighting fixtures, namely, power failure backup safety lighting; Electric lighting fixtures, namely, sconces; Electric track lighting units; Fiber optic lighting fixtures used in conjunction with electrical illuminators; Flat panel lighting apparatus; Fluorescent lighting tubes; Lamps for outdoor use; Landscape lighting installations; LED (light emitting diode) lighting fixtures; LED (light emitting diodes) lighting fixtures for use in display, commercial, industrial, residential, and architectural accent lighting applications; LED and HID light fixtures; LED light assemblies for street lights, signs, commercial lighting, automobiles, buildings, and other architectural uses; LED light bulbs; LED lighting fixtures for indoor and outdoor lighting applications; Lighting apparatus for theatres, clubs and discotheques; Lighting apparatus for vehicles; Lighting fixtures; Lighting fixtures for use in parking decks and garages; Lighting fixtures for use in parking lots and walkways; Lights for illuminating stairs, doors and other portions of buildings; Outdoor lighting, namely, paver lights; Outdoor portable lighting products, namely, headlamps; Wall lights; lamps for street lighting; lamps for airport lighting; lamps for interior office lighting; lamps for interior residence lighting; lamps for facility lighting; Lights, lamps and lighting fixtures for furniture cabinets, furniture shelves, sales counters, work and living areas, cubicles and closetsClass 011 for Ceiling lights; Electric light bulbs; Electric lighting fixtures; Electric lighting fixtures, namely, power failure backup safety lighting; Electric lighting fixtures, namely, sconces; Electric track lighting units; Fiber optic lighting fixtures used in conjunction with electrical illuminators; Flat panel lighting apparatus; Fluorescent lighting tubes; Lamps for outdoor use; Landscape lighting installations; LED (light emitting diode) lighting fixtures; LED (light emitting diodes) lighting fixtures for use in display, commercial, industrial, residential, and architectural accent lighting applications; LED and HID light fixtures; LED light assemblies for street lights, signs, commercial lighting, automobiles, buildings, and other architectural uses; LED light bulbs; LED lighting fixtures for indoor and outdoor lighting applications; Lighting apparatus for theatres, clubs and discotheques; Lighting apparatus for vehicles; Lighting fixtures; Lighting fixtures for use in parking decks and garages; Lighting fixtures for use in parking lots and walkways; Lights for illuminating stairs, doors and other portions of buildings; Outdoor lighting, namely, paver lights; Outdoor portable lighting products, namely, headlamps; Wall lights; lamps for street lighting; lamps for airport lighting; lamps for interior office lighting; lamps for interior residence lighting; lamps for facility lighting; Lights, lamps and lighting fixtures for furniture cabinets, furniture shelves, sales counters, work and living areas, cubicles and closets
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)).

SIGNATURE(S)
Response Signature
Signature: /Robert C. Haldiman/     Date: 08/18/2010
Signatory's Name: Robert C. Haldiman
Signatory's Position: Attorney of record, Missouri 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: 77885875
Internet Transmission Date: Wed Aug 18 22:47:36 EDT 2010
TEAS Stamp: USPTO/ROA-XX.XXX.XX.XX-20100818224736404
591-77885875-47079b47bde52d8bec6f124a987
c3aa98b-N/A-N/A-20100818151157695165