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. 77949548 has been amended as follows:

MARK
Applicant proposes to amend the mark as follows:
Current: SERVICE (Stylized and/or with Design)
The color(s) yellow, light yellow, gold, white, blue, light blue, dark blue, grey, dark grey is/are claimed as a feature of the mark.
The mark consists of a shooting star with a tail and the word "SERVICE." The star is yellow, light yellow and gold, with white and light yellow shading in the middle, and dark yellow and gold on the prongs of the star. The star is outlined by four lines. First, there is a thicker, light grey outline. Second, there is a thin, white outline. Third, there is a thick grey outline, which is shaded between light grey and dark grey to give dimension to the star. Fourth, there is a thin, light grey outline. The tail of the shooting star is blue, light blue and dark blue. The tail is dark blue at the part that touches the star, and at the part where the tail comes to a point. The tail is divided into four equal segments, separated by three thin, light grey lines that come together at a point at the end of the tail. The word SERVICE is written in capital letters. The word SERVICE is written over the star and the tail. SERVICE is light blue, blue and dark blue. The word SERVICE is darkest blue on the upper right side of the word. The bottom half of the word SERVICE is lighter blue than the top half. Both halves of the word SERVICE are shaded in blue, light blue and dark blue to provide dimension to the word. There are three lines outlining SERVICE. The first outline is a thin, white line. The second outline is a thicker grey outline that is shaded from light grey to dark grey to provide dimension to the line. The third outline is a thin, mostly light grey line, with parts that are dark grey to provide dimension .

Proposed: SERVICE (Stylized and/or with Design, see mark)


The color(s) white, blue, yellow and gray is/are claimed as a feature of the mark.

The mark consists of a white, blue, yellow and gray shooting star with the word SERVICE appearing in blue, white and gray.

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 035 for Advertising in periodicals, brochures and newspapers
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 07/01/2009 and first used in commerce at least as early as 07/01/2009, and is now in use in such commerce.

Proposed: Class 035 for Advertising in periodicals, brochures and newspapers
Deleted Filing Basis: 1(a)
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 037 for Providing an Internet website that features information about automotive maintenance and repair service
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 07/01/2009 and first used in commerce at least as early as 07/01/2009, and is now in use in such commerce.

Proposed: Class 037 for Providing an Internet website that features information about automotive maintenance and repair service
Deleted Filing Basis: 1(a)
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
Disclaimer
No claim is made to the exclusive right to use SERVICE apart from the mark as shown.

SIGNATURE(S)
Declaration Signature
If the applicant is seeking registration under Section 1(b) and/or Section 44 of the Trademark Act, the applicant has had 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. 37 C.F.R. Secs. 2.34(a)(2)(i); 2.34 (a)(3)(i); and 2.34(a)(4)(ii); and/or the applicant has had a bona fide intention to exercise legitimate control over the use of the mark in commerce by its members. 37 C.F. R. Sec. 2.44. If the applicant is seeking registration under Section 1(a) of the Trademark Act, the mark was in use in commerce on or in connection with the goods and/or services listed in the application as of the application filing date or as of the date of any submitted allegation of use. 37 C.F.R. Secs. 2.34(a)(1)(i); and/or the applicant has exercised legitimate control over the use of the mark in commerce by its members. 37 C.F.R. Sec. 2.44. The undersigned, being hereby warned that willful false statements and the like so made are punishable by fine or imprisonment, or both, under 18 U.S.C. Section 1001, and that such willful false statements may jeopardize the validity of the application or any resulting registration, declares that he/she is properly authorized to execute this application on behalf of the applicant; he/she believes the applicant to be the owner of the trademark/service mark sought to be registered, or, if the application is being filed under 15 U.S.C. Section 1051(b), he/she believes applicant to be entitled to use such mark in commerce; to the best of his/her knowledge and belief no other person, firm, corporation, or association has the right to use the mark in commerce, either in the identical form thereof or in such near resemblance thereto as to be likely, when used on or in connection with the goods/services of such other person, to cause confusion, or to cause mistake, or to deceive; that if the original application was submitted unsigned, that all statements in the original application and this submission made of the declaration signer's knowledge are true; and all statements in the original application and this submission made on information and belief are believed to be true.

Signature: /Nicole M. Mundt/      Date: 10/14/2010
Signatory's Name: Nicole M. Mundt
Signatory's Position: Attorney of Record, Colorado bar member

Response Signature
Signature: /Nicole M. Mundt/     Date: 10/14/2010
Signatory's Name: Nicole M. Mundt
Signatory's Position: Attorney of Record, Colorado 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: 77949548
Internet Transmission Date: Thu Oct 14 12:49:34 EDT 2010
TEAS Stamp: USPTO/ROA-XX.XX.XX.XX-201010141249349306
56-77949548-4709c1573e2c1d22285c6743590b
acf58-N/A-N/A-20101014124541344647