Response to Office Action

MOPAR

FCA US LLC

Response to Office Action

PTO Form 1957 (Rev 8/2005)
OMB Control #0651-0050 (Exp. 04/30/2006)

Response to Office Action


The table below presents the data as entered.

Input Field
Entered
SERIAL NUMBER 78357444
MARK SECTION (no change)
OWNER SECTION (current)
NAME DAIMLERCHRYSLER CORPORATION
STREET CIMS 483-02-19 1000 CHRYSLER DRIVE
CITY AUBURN HILLS
STATE MI
ZIP/POSTAL CODE 48326
COUNTRY US
PHONE 248-944-6517
FAX 248-944-6537
OWNER SECTION (proposed)
NAME DAIMLERCHRYSLER CORPORATION
INTERNAL ADDRESS CIMS 483-02-19
STREET 1000 CHRYSLER DRIVE
CITY AUBURN HILLS
STATE Michigan
ZIP/POSTAL CODE 48326
COUNTRY United States
PHONE 248-944-6510
FAX 248-944-6537
LEGAL ENTITY SECTION (current)
TYPE CORPORATION
STATE/COUNTRY OF INCORPORATION DE
LEGAL ENTITY SECTION (proposed)
TYPE CORPORATION
STATE/COUNTRY OF INCORPORATION Delaware
GOODS AND/OR SERVICES SECTION (1st class)(current)
INTERNATIONAL CLASS 009
DESCRIPTION
ELECTRIC LAMPS, CIGARETTE LIGHTERS, RADIO RECEIVING APPARATUS, BATTERIES AND INSULATED WIRE AND CABLE FOR MOTOR VEHICLES
FILING BASIS Section 1(a)
        FIRST USE ANYWHERE DATE 08/31/1937
        FIRST USE IN COMMERCE DATE 08/31/1937
GOODS AND/OR SERVICES SECTION (1st class)(proposed)
INTERNATIONAL CLASS 009
DESCRIPTION
ELECTRIC CIGARETTE LIGHTERS FOR MOTOR VEHICLES; MOTOR VEHICLE RADIO RECEIVERS; BATTERIES FOR VEHICLES; INSULATED ELECTRIC WIRES FOR MOTOR VEHICLES; INSULATED MOTOR VEHICLE BATTERY, ELECTRIC AND POWER CABLES; INSULATED MOTOR VEHICLE CABLES FOR OPTICAL SIGNAL TRANSMISSION; DIFFERENTIAL AND POWER SWITCHES FOR MOTOR VEHICLES; EMERGENCY WARNING LIGHTS AND EMERGENCY SIGNAL TRANSMITTERS FOR MOTOR VEHICLES
FILING BASIS Section 1(a)
        FIRST USE ANYWHERE DATE 08/31/1937
        FIRST USE IN COMMERCE DATE 08/31/1937
        STATEMENT TYPE The substitute specimen(s) was in use in commerce as of the filing date of the application.
        SPECIMEN FILE NAME(S) \\TICRS\EXPORT11\IMAGEOUT 11\783\574\78357444\xml1\ ROA0002.JPG
        \\TICRS\EXPORT11\IMAGEOUT 11\783\574\78357444\xml1\ ROA0003.JPG
        SPECIMEN DESCRIPTION a photograph showing the mark as currently used on the packaging of the goods
GOODS AND/OR SERVICES SECTION (2nd class)(current)
INTERNATIONAL CLASS 012
DESCRIPTION
MOTOR VEHICLE PARTS, NAMELY ELECTRIC IGNITION APPARATUS, SWITCHES, ELECTRIC FANS, ELECTRIC HORNS, AND ELECTRIC WARNIING SIGNALS
FILING BASIS Section 1(a)
        FIRST USE ANYWHERE DATE 08/31/1937
        FIRST USE IN COMMERCE DATE 08/31/1937
GOODS AND/OR SERVICES SECTION (2nd class)(proposed)
INTERNATIONAL CLASS 012
DESCRIPTION ELECTRIC HORNS FOR MOTOR VEHICLES
FILING BASIS Section 1(a)
        FIRST USE ANYWHERE DATE 08/31/1937
        FIRST USE IN COMMERCE DATE 08/31/1937
        STATEMENT TYPE The substitute specimen(s) was in use in commerce as of the filing date of the application.
        SPECIMEN FILE NAME(S) \\TICRS\EXPORT11\IMAGEOUT 11\783\574\78357444\xml1\ ROA0004.JPG
        SPECIMEN DESCRIPTION a photograph showing the mark in use in connection with the packaging of the goods
GOODS AND/OR SERVICES SECTION (3rd class)(class added)
INTERNATIONAL CLASS 006
DESCRIPTION INSULATED NON-ELECTRIC CABLES FOR MOTOR VEHICLES
FILING BASIS Section 1(a)
        FIRST USE ANYWHERE DATE 08/31/1937
        FIRST USE IN COMMERCE DATE 08/31/1937
        STATEMENT TYPE The substitute specimen(s) was in use in commerce as of the filing date of the application.
        SPECIMEN FILE NAME(S) \\TICRS\EXPORT11\IMAGEOUT 11\783\574\78357444\xml1\ ROA0005.JPG
        SPECIMEN DESCRIPTION a photograph showing the mark as currently used in connection with packaging for the goods
GOODS AND/OR SERVICES SECTION (4th class)(class added)
INTERNATIONAL CLASS 007
DESCRIPTION
INSULATED IGNITION WIRES FOR MOTOR VEHICLES; ELECTRONIC IGNITIONS FOR MOTOR VEHICLES;
FILING BASIS Section 1(a)
        FIRST USE ANYWHERE DATE 08/31/1937
        FIRST USE IN COMMERCE DATE 08/31/1937
        STATEMENT TYPE The substitute specimen(s) was in use in commerce as of the filing date of the application.
        SPECIMEN FILE NAME(S) \\TICRS\EXPORT11\IMAGEOUT 11\783\574\78357444\xml1\ ROA0006.JPG
        \\TICRS\EXPORT11\IMAGEOUT 11\783\574\78357444\xml1\ ROA0007.JPG
        SPECIMEN DESCRIPTION a photograph showing the mark as used in connection with the packaging of the goods
GOODS AND/OR SERVICES SECTION (5th class)(class added)
INTERNATIONAL CLASS 011
DESCRIPTION ELECTRICAL LAMPS FOR MOTOR VEHICLES; ELECTRIC FANS
FILING BASIS Section 1(a)
        FIRST USE ANYWHERE DATE 08/31/1937
        FIRST USE IN COMMERCE DATE 08/31/1937
        STATEMENT TYPE The substitute specimen(s) was in use in commerce as of the filing date of the application.
        SPECIMEN FILE NAME(S) \\TICRS\EXPORT11\IMAGEOUT 11\783\574\78357444\xml1\ ROA0008.JPG
        SPECIMEN DESCRIPTION a photograph of the goods showing the mark as currently used in connection with the packaging of the goods
ADDITIONAL STATEMENTS SECTION
MISCELLANEOUS STATEMENT By this response, Applicant has amended its identification of goods as suggested by the Examining Attorney with the exception of Class 11. Applicant believes that "electric lighting fixtures" is not accurate for motor vehicle lighting and has thus amended its description of goods to read "electrical lamps for motor vehicles." Additionally, Applicant has moved "electric fans" previously listed in Class 12 to Class 11. New specimens have also been submitted for each class as required. Accordingly, it is now believed that this application is in condition for passage to registration and such action is respectfully requested.
PAYMENT SECTION
NUMBER OF CLASSES 3
FEE PER CLASS 325
TOTAL FEES DUE 975
SIGNATURE SECTION
DECLARATION SIGNATURE /donna l berry/
SIGNATORY NAME Donna L. Berry
SIGNATORY POSITION Senior Staff Attorney
SIGNATURE DATE 02/11/2005
RESPONSE SIGNATURE /donna l berry/
SIGNATORY NAME Donna L. Berry
SIGNATORY POSITION Senior Staff Attorney
SIGNATURE DATE 02/11/2005
FILING INFORMATION SECTION
SUBMIT DATE Fri Feb 11 18:21:28 EST 2005
TEAS STAMP USPTO/OA-XXXXXXXXXX-20050
211182128863245-78357444-
200f913bbb8e8628e18eb2bf2
0252a22d3DA576-2005021118
1726036376



PTO Form 1957 (Rev 8/2005)
OMB Control #0651-0050 (Exp. 04/30/2006)

Response to Office Action


To the Commissioner for Trademarks:

Application serial no. 78357444 is amended as follows:    
        
Classification and Listing of Goods/Services
Applicant hereby amends the following class of goods/services in the application as follows:
Current: Class 009 for ELECTRIC LAMPS, CIGARETTE LIGHTERS, RADIO RECEIVING APPARATUS, BATTERIES AND INSULATED WIRE AND CABLE FOR MOTOR VEHICLES
Original Filing Basis: 1(a).
Proposed: Class 009 for ELECTRIC CIGARETTE LIGHTERS FOR MOTOR VEHICLES; MOTOR VEHICLE RADIO RECEIVERS; BATTERIES FOR VEHICLES; INSULATED ELECTRIC WIRES FOR MOTOR VEHICLES; INSULATED MOTOR VEHICLE BATTERY, ELECTRIC AND POWER CABLES; INSULATED MOTOR VEHICLE CABLES FOR OPTICAL SIGNAL TRANSMISSION; DIFFERENTIAL AND POWER SWITCHES FOR MOTOR VEHICLES; EMERGENCY WARNING LIGHTS AND EMERGENCY SIGNAL TRANSMITTERS FOR MOTOR VEHICLES
Section 1(a), Use in Commerce: 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, or the applicant's predecessor in interest used 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 08/31/1937 and first used in commerce at least as early as 08/31/1937, and is now in use in such commerce.
Applicant hereby submits a specimen for Class 009.
The specimen(s) submitted consists of a photograph showing the mark as currently used on the packaging of the goods.
For an application based on 1(a), Use in Commerce, "The substitute specimen(s) was in use in commerce as of the filing date of the application."
Specimen-1
Specimen-2
        
Applicant hereby amends the following class of goods/services in the application as follows:
Current: Class 012 for MOTOR VEHICLE PARTS, NAMELY ELECTRIC IGNITION APPARATUS, SWITCHES, ELECTRIC FANS, ELECTRIC HORNS, AND ELECTRIC WARNIING SIGNALS
Original Filing Basis: 1(a).
Proposed: Class 012 for ELECTRIC HORNS FOR MOTOR VEHICLES
Section 1(a), Use in Commerce: 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, or the applicant's predecessor in interest used 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 08/31/1937 and first used in commerce at least as early as 08/31/1937, and is now in use in such commerce.
Applicant hereby submits a specimen for Class 012.
The specimen(s) submitted consists of a photograph showing the mark in use in connection with the packaging of the goods.
For an application based on 1(a), Use in Commerce, "The substitute specimen(s) was in use in commerce as of the filing date of the application."
Specimen-1
        
        
Applicant hereby adds the following class of goods/services to the application:
New:
Class 006 for INSULATED NON-ELECTRIC CABLES FOR MOTOR VEHICLES
        
Section 1(a), Use in Commerce: 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, or the applicant's predecessor in interest used 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 on 08/31/1937 and first used in commerce on 08/31/1937, and is now in use in such commerce.
Applicant hereby submits a specimen for Class 006.
The specimen(s) submitted consists of a photograph showing the mark as currently used in connection with packaging for the goods.
For an application based on 1(a), Use in Commerce, "The substitute specimen(s) was in use in commerce as of the filing date of the application."
Specimen-1
        
Applicant hereby adds the following class of goods/services to the application:
New:
Class 007 for INSULATED IGNITION WIRES FOR MOTOR VEHICLES; ELECTRONIC IGNITIONS FOR MOTOR VEHICLES;
        
Section 1(a), Use in Commerce: 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, or the applicant's predecessor in interest used 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 on 08/31/1937 and first used in commerce on 08/31/1937, and is now in use in such commerce.
Applicant hereby submits a specimen for Class 007.
The specimen(s) submitted consists of a photograph showing the mark as used in connection with the packaging of the goods.
For an application based on 1(a), Use in Commerce, "The substitute specimen(s) was in use in commerce as of the filing date of the application."
Specimen-1
Specimen-2
        
Applicant hereby adds the following class of goods/services to the application:
New:
Class 011 for ELECTRICAL LAMPS FOR MOTOR VEHICLES; ELECTRIC FANS
        
Section 1(a), Use in Commerce: 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, or the applicant's predecessor in interest used 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 on 08/31/1937 and first used in commerce on 08/31/1937, and is now in use in such commerce.
Applicant hereby submits a specimen for Class 011.
The specimen(s) submitted consists of a photograph of the goods showing the mark as currently used in connection with the packaging of the goods.
For an application based on 1(a), Use in Commerce, "The substitute specimen(s) was in use in commerce as of the filing date of the application."
Specimen-1
Procedural Matters/Informalities
Applicant proposes to amend the following:
Original: DAIMLERCHRYSLER CORPORATION, a corporation of DE, having an address of CIMS 483-02-19 1000 CHRYSLER DRIVE AUBURN HILLS, MI US 48326, whose phone number is 248-944-6517, whose phone number is 248-944-6537.
Proposed: DAIMLERCHRYSLER CORPORATION, a corporation of Delaware, having an address of CIMS 483-02-19 1000 CHRYSLER DRIVE AUBURN HILLS, Michigan United States 48326, whose phone number is 248-944-6510 and whose fax number is 248-944-6537.
 
 
Additional Statements
By this response, Applicant has amended its identification of goods as suggested by the Examining Attorney with the exception of Class 11. Applicant believes that "electric lighting fixtures" is not accurate for motor vehicle lighting and has thus amended its description of goods to read "electrical lamps for motor vehicles." Additionally, Applicant has moved "electric fans" previously listed in Class 12 to Class 11. New specimens have also been submitted for each class as required. Accordingly, it is now believed that this application is in condition for passage to registration and such action is respectfully requested.
        
Fees
Additional fee(s) in the amount of $975 is being submitted.
        
Declaration Signature
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: /donna l berry/      Date: 02/11/2005
Signatory's Name: Donna L. Berry
Signatory's Position: Senior Staff Attorney
        
Response Signature
        
Signature: /donna l berry/     Date: 02/11/2005
Signatory's Name: Donna L. Berry
Signatory's Position: Senior Staff Attorney
        
        
        
RAM Sale Number: 576
RAM Accounting Date: 02/14/2005
        
Serial Number: 78357444
Internet Transmission Date: Fri Feb 11 18:21:28 EST 2005
TEAS Stamp: USPTO/OA-XXXXXXXXXX-20050211182128863245
-78357444-200f913bbb8e8628e18eb2bf20252a
22d3DA576-20050211181726036376



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