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. 78626004 has been 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 035 for asset and personnel tracking services using wireless communications network and global positioning system, radio frequency identification, biometrics, and terrestrial location systems; licensing of asset and personnel location monitoring systems; and collection, acquiring, storing, and processing asset and personnel location data, statistics and indices
Original Filing Basis: 1(a).
Proposed: Class 035 for licensing of asset and personnel location monitoring systems; and collection, acquiring, storing, and processing asset and personnel location data, statistics and indices
Applicant hereby amends the following class of goods/services in the application as follows:
Current: Class 038 for communication services, namely providing the electronic transmission of data and information utilizing global positioning satellite and terrestrial location systems to locate, monitor and manage assets and personnel; call center services providing tracking, location and monitoring information about assets and personnel; telecommunications services, namely the electronic transmission of voice messages and data for emergency services administration and response, offender monitoring administration and response, healthcare administration and response, assisted living administration and response, radio dispatched service vehicles, mobile asset tracking, first responders incident tracking, alarm and security company response and dispatch, and remote device activation and deactivation
Original Filing Basis: 1(a).
Proposed: Class 038 for communication services, namely providing the electronic transmission of data and information utilizing global positioning satellite and terrestrial location systems to locate, monitor and manage assets and personnel; telecommunications services, namely the electronic transmission of voice messages and data for emergency services administration and response, offender monitoring administration and response, healthcare administration and response, assisted living administration and response, radio dispatched service vehicles, mobile asset tracking, first responders incident tracking, alarm and security company response and dispatch, and remote device activation and deactivation
Applicant hereby adds the following class of goods/services to the application:
New:
Class 045 for electronic monitoring services for security purposes in the field of asset and personnel tracking using wireless communications network and global positioning system, radio frequency identification, biometrics, and terrestrial location systems; call center services providing tracking, location and monitoring information about assets and personnel for security purposes
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 02/01/2005 and first used in commerce at least as early as 02/01/2005, and is now in use in such commerce.
Applicant hereby submits a specimen for Class 045.
The specimen(s) submitted consists of screen captures from applicant's website, being the same specimens filed with the application for Classes 35 and 38.
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
Specimen-3
Specimen-4

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


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: /Douglas T. Johnson/      Date: 04/13/2006
Signatory's Name: Douglas T. Johnson
Signatory's Position: Attorney

Response Signature

Signature: /Douglas T. Johnson/     Date: 04/13/2006
Signatory's Name: Douglas T. Johnson
Signatory's Position: Attorney
        
RAM Sale Number: 401
RAM Accounting Date: 04/14/2006
        
Serial Number: 78626004
Internet Transmission Date: Thu Apr 13 16:53:54 EDT 2006
TEAS Stamp: USPTO/ROA-XX.XX.XX.XXX-20060413165354450
245-78626004-320bed4836fabb5dff4402d6b3b
669253e5-DA-401-20060413153917771522