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. 78599717 has been amended as follows:
Argument(s)
In response to the substantive refusal(s), please note the following:

In the outstanding Office Action, which was made final, the only outstanding issues relate to the number of classes in the application and the recitation of goods and services in various classes.  The Examining Attorney is respectfully requested to reconsider outstanding objections in view of the following remarks.

Combined Applications

The Examining Attorney has requested clarification of the number of classes for which registration is sought. Previously the application sought registration in Class 42 for various services performed in connection with computer hardware and software. The Examining Attorney asserts the hardware services are properly in Class 37, while the software services are properly in Class 42. Applicant respectfully disagrees, however, to expedite prosecution has amended the recitation of services to provide remove the hardware services from Class 42 and place the services in newly added Class 37. Thus, the application as amended now recites four classes, and Applicant is herewith paying the fee for an additional class.

Recitation of Goods and Services

The Examining Attorney has objected to the recitation of goods ("all manner of accessories for personal computers"), asserting the recitation is indefinite. This objection is respectfully traversed. In order to expedite prosecution, however, Applicant has amended the recitation of goods to recite "all manner of accessories for personal computers, namely keyboards, numeric keypads, memory, memory keys, mice, CD drives, DVD drives, hard drives, headsets, diskette drives, port expanders, wireless LAN adapters, wireless LAN access points, and computer communication equipment". Thus, it is respectfully submitted this objection has been obviated.

The Examining Attorney has also objected to the portion of the recitation of services in Class 42 which appeared as "security services related computers". In order to expedite prosecution, Applicant has amended this portion of the recitation of services along the lines of the Examining Attorney's suggestion to recite "consultation in the field of computer security". Thus, it is respectfully submitted this objection has been obviated.

Conclusion

In view of the above amendment and remarks, Applicant now believes it has completely responded to the outstanding Office Action and respectfully requests that the Examining Attorney indicate the registrability of the mark, and pass the application for publication for Opposition in accordance with Section 12(a) of the Trademark Act. The Examining Attorney is encourage to call the undersigned if any issues remain with respect to this application.

Classification and Listing of Goods/Services

Applicant hereby amends the following class of goods/services in the application as follows:
Current: Class 009 for ALL MANNER OF ACCESSORIES FOR PERSONAL COMPUTERS
Original Filing Basis: 1(b).
Proposed: Class 009 for ALL MANNER OF ACCESSORIES FOR PERSONAL COMPUTERS, NAMELY KEYBOARDS, NUMERIC KEYPADS, MEMORY, MEMORY KEYS, MICE, CD DRIVES, DVD DRIVES, HARD DRIVES, HEADSETS, DISKETTE DRIVES, PORT EXPANDERS, WIRELESS LAN ADAPTERS, WIRELESS LAN ACCESS POINTS, AND COMPUTER COMMUNICATION EQUIPMENT
Filing Basis: 1(b).
Applicant hereby amends the following class of goods/services in the application as follows:
Current: Class 042 for COMPUTER SYSTEM ANALYSIS; REPAIR AND MAINTENANCE OF COMPUTER HARDWARE AND SOFTWARE; DATA ENCRYPTION SERVICES; PROVIDING AND PERFORMING WARRANTY SERVICE AND SUPPORT CONTRACTS ON COMPUTER HARDWARE AND SOFTWARE; SECURITY SERVICES RELATED TO COMPUTERS
Original Filing Basis: 1(b).
Proposed: Class 042 for COMPUTER SYSTEM ANALYSIS; REPAIR AND MAINTENANCE OF COMPUTER SOFTWARE; DATA ENCRYPTION SERVICES; PROVIDING AND PERFORMING WARRANTY SERVICE AND SUPPORT CONTRACTS ON COMPUTER SOFTWARE; CONSULATION IN THE FIELD OF COMPUTER SECURITY
Filing Basis: 1(b).
Applicant hereby adds the following class of goods/services to the application:
New:
Class 037 for REPAIR AND MAINTENANCE OF COMPUTER HARDWARE AND PROVIDING AND PERFORMING WARRANTY REPAIR AND MAINTENANCE OF COMPUTER HARDWARE UNDER WARRANTY CONTRACTS
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 with the 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 bypass the submission of a signed declaration, because I believe a declaration is not required by the rules of practice. I understand that the examining attorney could still, upon later review, require a signed declaration.
Response Signature
Signature: /Stanley D. Ference III/     Date: 02/26/2007
Signatory's Name: Stanley D. Ference III
Signatory's Position: Attorney for Applicant
        
RAM Sale Number: 1150
RAM Accounting Date: 02/27/2007
        
Serial Number: 78599717
Internet Transmission Date: Mon Feb 26 22:15:52 EST 2007
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.XXX-20070226221552
264544-78599717-360cc44f7e0f58b6689a015e
628fe21a4bb-ET-1150-20070226220054972719