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. 77945088 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 Auto-darkening welding helmets; HDTV parts; namely HDTV antennas, HDTV receivers, namely USB 2.0 ATSC receivers, digital to analog converter, HDTV parts and accessories, project screens and mounts, LCD and plasma TV wall mount, ATSC HDTV tuners converter boxes, HDTV amplifiers and rotors; HDTV cables; RG6 cables and connectors and parts; wired and wireless car rear view camera systems; Wifi related parts; GSM; GPS and parts therefor
Original Filing Basis:
Filing Basis: Section 44(d), Priority based on foreign filing: Applicant has a bona fide intention to use the mark in commerce on or in connection with the identified goods and/or services, and asserts a claim of priority based on [Canada application number 1450096 filed 08/31/2009]. 15 U.S.C.Section 1126(d), as amended.

Proposed:
Tracked Text Description: Auto-darkening welding helmets; HDTV parts; HDTV parts, namely, HDTV antennas, HDTV amplifiers, HDTV cables; namely HDTV antennas, HDTV receivers, namely USB 2.0 ATSC receivers, digital to analog converter, HDTV parts and accessories, project screens and mounts, LCD and plasma TV wall mount, ATSC HDTV tuners converter boxes, HDTV amplifiers and rotors; projection screens; HDTV cables; projectors; RG6 cables and connectors and parts; wired and wireless car rear view camera systems; Wifi related parts; GSM; GPS and parts thereforClass 009 for Auto-darkening welding helmets; HDTV parts, namely, HDTV antennas, HDTV amplifiers, HDTV cables; projection screens; projectors
Filing Basis: Section 44(d), Priority based on foreign filing: Applicant has a bona fide intention to use the mark in commerce on or in connection with the identified goods and/or services, and asserts a claim of priority based on [Canada application number 1450096 filed 08/31/2009]. 15 U.S.C.Section 1126(d), as amended.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 035 for Operating a retail and import and online retail business for auto-darkening welding helmets; HDTV parts, namely HDTV antennas, HDTV receivers, namely USB 2.0 ATSC receivers, digital to analog converter, HDTV parts and accessories, project screens and mounts, LCD and plasma TV wall mount, ATSC HDTV tuners converter boxes, HDTV amplifiers and rotors; HDTV cables; RG6 cables and connectors and parts; wired and wireless car rear view camera systems; Wifi related parts; GSM; and GPS and parts therefor
Original Filing Basis:
Filing Basis: Section 44(d), Priority based on foreign filing: Applicant has a bona fide intention to use the mark in commerce on or in connection with the identified goods and/or services, and asserts a claim of priority based on [Canada application number 1450096 filed 08/31/2009]. 15 U.S.C.Section 1126(d), as amended.

Proposed:
Tracked Text Description: Operating a retail and import and online retail business for auto-darkening welding helmets; Retail store, import agency and online retail store services featuring auto-darkening welding helmets; HDTV parts, namely HDTV antennas, HDTV receivers, namely USB 2.0 ATSC receivers, digital to analog converter, HDTV parts and accessories, project screens and mounts, LCD and plasma TV wall mount, ATSC HDTV tuners converter boxes, HDTV amplifiers and rotors; HDTV parts, namely HDTV antennas, projections screens, projectors, projector mounts, LCD and plasma TV Wall mounts, HDTV cables; HDTV cables; RG6 cables and connectors and parts; wired and wireless car rear view camera systems; Wifi related parts; GSM; and GPS and parts thereforClass 035 for Retail store, import agency and online retail store services featuring auto-darkening welding helmets; HDTV parts, namely HDTV antennas, projections screens, projectors, projector mounts, LCD and plasma TV Wall mounts, HDTV cables
Filing Basis: Section 44(d), Priority based on foreign filing: Applicant has a bona fide intention to use the mark in commerce on or in connection with the identified goods and/or services, and asserts a claim of priority based on [Canada application number 1450096 filed 08/31/2009]. 15 U.S.C.Section 1126(d), as amended.

Applicant hereby adds the following class of goods/services to the application:
New: Class 006 for Metal mounts for projectors, LCD, LED, plasma TVs
Filing Basis: Section 44(d), Priority based on foreign filing: Applicant has a bona fide intention to use the mark in commerce on or in connection with the identified goods and/or services, and asserts a claim of priority based on [Canada application number 1450096 filed 08/31/2009]. 15 U.S.C.Section 1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration. If ultimately the applicant does not rely on Section 44(e) as a basis for registration, a valid claim of priority may be retained.

ADDITIONAL STATEMENTS
The Applicant requests that the Examining Attorney suspend action on this application until the Canadian application for the Mark has been registered and the Applicant has procured a copy of the Canadian registration.

FEE(S)
Fee(s) in the amount of $325 is being submitted.

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: /dana o. lynch/     Date: 12/01/2010
Signatory's Name: Dana O. Lynch
Signatory's Position: Attorney of record, Maryland 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.

        
RAM Sale Number: 209
RAM Accounting Date: 12/02/2010
        
Serial Number: 77945088
Internet Transmission Date: Wed Dec 01 14:05:51 EST 2010
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XX-2010120114055112
8823-77945088-47083cf508838e776b6b16d5ed
e10a1dd85-DA-209-20101201140424073724