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 006 for Metal mounts for video projectors and LCD, LED, and plasma TVs
Original Filing Basis:
Filing Basis: Section 44(e), Based on Foreign Registration: Applicant has a bona fide intention to use the mark in commerce on or in connection with the identified goods and /or services, and submits a copy of [ Canada registration number TMA788307 registered 01/21/2011 with a renewal date of __________ and an expiration date of 01/21/2027 ], and translation thereof, if appropriate. 15 U.S.C. Section 1126(e), as amended.

Proposed:
Tracked Text Description: Metal mounts for video projectors and LCD, LED, and plasma TVs; Metal mounts for LCD, LED, and plasma TVsClass 006 for Metal mounts for LCD, LED, and plasma TVs
Filing Basis: Section 44(e), Based on Foreign Registration: Applicant has a bona fide intention to use the mark in commerce on or in connection with the identified goods and /or services, and will submit a copy of [ Canada registration number TMA788307 registered 01/21/2011 with a renewal date of __________ and an expiration date of 01/21/2027 ], and translation thereof, if appropriate, before the application may proceed to registration. 15 U.S.C. Section 1126(e), as amended.

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 amplifiers, HDTV cables; projection screens; video projectors
Original Filing Basis:
Filing Basis: Section 44(e), Based on Foreign Registration: Applicant has a bona fide intention to use the mark in commerce on or in connection with the identified goods and /or services, and submits a copy of [__________ registration number __________ registered __________ with a renewal date of __________ and an expiration date of __________ ], and translation thereof, if appropriate. 15 U.S.C. Section 1126(e), as amended.

Proposed:
Tracked Text Description: Auto-darkening welding helmets; HDTV parts, namely, HDTV antennas, HDTV amplifiers, HDTV cables; projection screens; video projectorsClass 009 for Auto-darkening welding helmets; HDTV parts, namely, HDTV antennas, HDTV amplifiers, HDTV cables; projection screens
Filing Basis: Section 44(e), Based on Foreign Registration: Applicant has a bona fide intention to use the mark in commerce on or in connection with the identified goods and /or services, and will submit a copy of [__________ registration number __________ registered __________ with a renewal date of __________ and an expiration date of __________ ], and translation thereof, if appropriate, before the application may proceed to registration. 15 U.S.C. Section 1126(e), as amended.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 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
Original Filing Basis:
Filing Basis: Section 44(e), Based on Foreign Registration: Applicant has a bona fide intention to use the mark in commerce on or in connection with the identified goods and /or services, and submits a copy of [__________ registration number __________ registered __________ with a renewal date of __________ and an expiration date of __________ ], and translation thereof, if appropriate. 15 U.S.C. Section 1126(e), as amended.

Proposed:
Tracked Text Description: 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; HDTV parts, namely, HDTV antennas, projections screens, projector mounts, LCD and plasma TV Wall mounts, HDTV cablesClass 035 for Retail store, import agency and online retail store services featuring auto-darkening welding helmets; HDTV parts, namely, HDTV antennas, projections screens, projector mounts, LCD and plasma TV Wall mounts, HDTV cables
Filing Basis: Section 44(e), Based on Foreign Registration: Applicant has a bona fide intention to use the mark in commerce on or in connection with the identified goods and /or services, and will submit a copy of [__________ registration number __________ registered __________ with a renewal date of __________ and an expiration date of __________ ], and translation thereof, if appropriate, before the application may proceed to registration. 15 U.S.C. Section 1126(e), as amended.

ADDITIONAL STATEMENTS
With respect to the Examining Attorney's rejection of the black and white drawing of the ANTRA [and design] mark (the "Mark") for the U.S. application, the Applicant respecfully submits that the Applicant should not be required to claim color as part of the Mark. In order for an applicant in Canada to claim color as part of a mark, the color(s) must be described (see the attached Practice Notice and Section 28(1) & (2) of the Trademarks Rules from the Canadian Intellectual Property Office's website concerning the requirement to describe color). Although the Canadian Certificate of Registration displays the Mark in color, the Applicant did not claim color as a feature of the Mark in Canada, and no color is described in the Canadian Certificate. Similarly, the Applicant should not be required to claim color as part of the Mark in the U.S. application. See TMEP Section 807.07(b). Thus, the Applicant respectfully requests that the original black and white drawing be accepted.
Miscellaneous File1
Miscellaneous File2

SIGNATURE(S)
Response Signature
Signature: /dana o. lynch/     Date: 09/28/2011
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.

        
Serial Number: 77945088
Internet Transmission Date: Wed Sep 28 16:22:12 EDT 2011
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XX-2011092816221261
7627-77945088-4809d82a5230cfa6fed8a2b44b
4a95329a-N/A-N/A-20110928155253453978