Response to Office Action

PTO Form 1957 (Rev 5/2006)

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

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PTO Form 1957 (Rev 5/2006)

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

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 78587271 has been amended as follows:
Argument(s)
In response to the substantive refusal(s), please note the following:

AMENDMENT & RESPONSE TO OFFICE ACTION

This is in response to the Office Action dated October 24, 2005. Please enter the following amendment.

AMENDMENT

Please delete the identification of goods currently of record and substitute therefor:

REMARKS

As requested, the identification of goods in International Class 9 has been amended to clarify those goods in connection with which the mark is intended to be used. In addition, the identification of goods has been amended to reclassify the electronic exercise monitors in International Class 10. In support of the additional classification, please debit the $325 filing fee from Deposit Account 19-0522.

It is believed that all issues are now resolved, and that the application is now in condition for passing to publication. Such favorable action is requested with this case is next reached for attention.

Respectfully submitted,

Joan Optican Herman

Hovey Williams LLP

Attorneys for Applicant

Classification and Listing of Goods/Services

Applicant hereby amends the following class of goods/services in the application as follows:
Current: Class 009 for automobile navigation products featuring GPS receivers, digital map displays and turn-by-turn instructions; marine navigation products, namely,chartplotters and sonardepth sounders; avionics, namely, portable and panel mounted navigation instruments for assisting a pilot in navigating an aircraft, primary flight displays and multi-function flight displays; GPS receivers; portable GPS devices, namely, electronic instruments for determining and outputting position and speed; marine electronic apparatus, namely, marine sonar fish finders; electronic chartplotters; wireless communications radios; wireless communications radios featuring a GPS receiver; personal digital assistants featuring a GPS receiver and electronic maps; electronic exercise monitors; electronic exercise monitors featuring a GPS receiver; satellite radio receivers; electronic navigation devices, namely, GPS receivers having an electronic compass; electronic navigation devices namely, GPS receivers having an altimeter; electronic storage media, namely, CD-ROMs, DVDs, discs and cards containing map data; and navigation software for calculating and displaying routes.
Original Filing Basis: 1(b).
Proposed: Class 009 for automobile navigation apparatus featuring GPS receivers, digital map displays and turn-by-turn instructions; electronic marine navigation products, namely, chart plotters and sonar depth sounders; avionics, namely, portable and panel mounted electronic navigation instruments for assisting a pilot in navigating an aircraft, primary flight displays and multi-function flight displays; GPS receivers; portable GPS devices, namely, electronic instruments for determining and outputting position and speed; marine electronic apparatus, namely, marine sonar fish finders; electronic chart plotters; wireless communications radios; wireless communications radios featuring a GPS receiver; personal digital assistants featuring a GPS receiver and electronic maps; satellite radio receivers; electronic navigation devices, namely, GPS receivers having an electronic compass; electronic navigation devices namely, GPS receivers having an altimeter; electronic storage media, namely, CD-ROMs, DVDs, discs and cards containing map data; and navigation software for calculating and displaying routes
Applicant hereby adds the following class of goods/services to the application:
New:
Class 010 for electronic exercise monitors; electronic exercise monitors featuring a GPS receiver
Section 1(b), 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 withthe identified goods and/or services as of the filing date of the application. (15 U.S.C. Section 1051(b)).

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


Declaration Signature
I hereby elect to by-pass any declaration edit, because I do not believe a declaration is required by the rules of practice. I understand that the examining attorney could still, upon later review, require a declaration, however.
Response Signature

Signature: /JOH/     Date: 11/22/2005
Signatory's Name: Joan Optican Herman
Signatory's Position: Authorized Representative
        
RAM Sale Number: 1762
RAM Accounting Date: 11/22/2005
        
Serial Number: 78587271
Internet Transmission Date: Tue Nov 22 14:23:35 EST 2005
TEAS Stamp: USPTO/ROA-XX.XX.XX.XXX-20051122142335467
092-78587271-3208b9fa1f748797ef8e181ca3a
d084efcf-DA-1762-20051122142124300167