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. 77912789 has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 009 for Systems and kits for monitoring the status and location of materials and personnel, the systems and kits including cabinets, scanners, sensors, radio frequency and bar code tags, readers, transmitters, receivers, software, and antenna configured to read and locate products and personnel
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 04/20/2009 and first used in commerce at least as early as 04/20/2009, and is now in use in such commerce.

Proposed:
Tracked Text Description: Systems and kits for monitoring the status and location of materials and personnel, the systems and kits including cabinets, scanners, sensors, radio frequency and bar code tags, readers, transmitters, receivers, software, and antenna configured to read and locate products and personnel; Systems and kits comprising cabinets specially adapted for electrical equipment, scanners, electric sensors, radio frequency identification tags and electronic bar code tags, bar code readers, electronic transmitters, electronic receivers, software, and antenna, all for monitoring the status and location of materials and personnel.Class 009 for Systems and kits comprising cabinets specially adapted for electrical equipment, scanners, electric sensors, radio frequency identification tags and electronic bar code tags, bar code readers, electronic transmitters, electronic receivers, software, and antenna, all for monitoring the status and location of materials and personnel.
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 04/20/2009 and first used in commerce at least as early as 04/20/2009, and is now in use in such commerce.
SIGNATURE(S)
Response Signature
Signature: /Gavin J. Milczarek-Desai/     Date: 04/28/2010
Signatory's Name: Gavin J. Milczarek-Desai
Signatory's Position: Attorney of Record, Arizona 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: 77912789
Internet Transmission Date: Wed Apr 28 13:18:57 EDT 2010
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.XXX-20100428131857
625122-77912789-460462a11d9ff2e4fd0d1f49
fab8e7b777-N/A-N/A-20100428130931712365