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. 77903005 has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant hereby deletes the following class of goods/services from the application.
Class 011 for Environmental remediation services, namely, asbestos abatement, lead abatement and mold remediation; and weatherization services, namely, insulation, air sealing, window replacement and energy saving building construction services, in the field of energy efficiency improvements

Applicant hereby adds the following class of goods/services to the application:
New: Class 037 (Original Class: 011 ) for Environmental remediation services, namely, asbestos abatement and lead abatement; Installation of building insulation; Building sealing services; Window installation; Energy saving building construction services in the field of energy efficiency improvements
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)).

ADDITIONAL STATEMENTS
Translation
The English translation of BIOS in the mark is life.

While the pending office action indicated that two classes of services were disclosed, this response changing the definition of the goods should result in the elimination of the Class 040 services, thereby requiring no additional filing fees. In addition, the term BIOS has no significance in the relevant industry and reflects Applicant's philosophy of seeking to improve the lives of customers.

Significance of wording, letter(s), or numeral(s)
BIOS appearing in the mark has no significance in the relevant trade or industry or as applied to the goods/services listed in the application, or any geographical significance.

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: /Chris A. Caseiro/     Date: 07/22/2010
Signatory's Name: Chris A. Caseiro
Signatory's Position: Attorney of record, Maine 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: 77903005
Internet Transmission Date: Thu Jul 22 11:16:49 EDT 2010
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XXX-201007221116491
60733-77903005-470fe7cac2a4f4e26fe549282
478b83471-N/A-N/A-20100722104456664607