Response to Office Action

PTO Form 1957 (Rev 9/2005)

OMB No. 0651-0050 (Exp. 04/2009)

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PTO Form 1957 (Rev 9/2005)

OMB No. 0651-0050 (Exp. 04/2009)

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 77178448 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 040 for Image sensor packaging services for others
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 [Taiwan application number 096003452 filed 01/22/2007]. 15 U.S.C.Section 1126(d), as amended.

Proposed: Class 040 for Image sensor manufacturing services for others
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 [Taiwan application number 096003452 filed 01/22/2007]. 15 U.S.C.Section 1126(d), as amended.

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 [ Taiwan registration number 01286362 registered 11/01/2007 with a renewal date of 10/31/2017 and an expiration date of 10/31/2017 ], and translation thereof, if appropriate. 15 U.S.C. Section 1126(e), as amended.
Original PDF file:
FRU0-20422724628-142717293_._Altus_Class_40_Registration.pdf
Converted PDF file(s) (1 page)
Foreign Registration-1
Original PDF file:
FRU0-20422724628-142717293_._Altus_Class_40_Registration_Translation.pdf
Converted PDF file(s) (1 page)
Foreign Registration-1

ADDITIONAL STATEMENTS
Translation
"The foreign wording in the mark translates into English as associated with height or elevation."

Applicant is also submitting a request to divide the Class 42 goods from this application and base registration of those goods solely on its intent to use the mark in commerce, though retaining its priority filing date. The request to divide has been filed on paper because there are currently no electronic forms for divisionals.

SIGNATURE(S)
Declaration Signature
If the applicant is seeking registration under Section 1(b) and/or Section 44 of the Trademark Act, the applicant 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). 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 or services listed in the application as of the application filing date. 37 C.F.R. Secs. 2.34(a)(1)(i). 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. §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. §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: /Pat Jennings/      Date: 02/22/2008
Signatory's Name: Patrick J. Jennings
Signatory's Position: Attorney

Response Signature
Signature: /Pat Jennings/     Date: 02/22/2008
Signatory's Name: Patrick J. Jennings
Signatory's Position: Attorney

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: 77178448
Internet Transmission Date: Fri Feb 22 14:36:59 EST 2008
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.XX-200802221436595
84006-77178448-410e6273122e1a4781a532d78
2d16bef2-N/A-N/A-20080222142717293594