Response to Office Action

PTO Form 1957 (Rev 9/2005)

OMB No. 0651-0050 (Exp. 04/30/2011)

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PTO Form 1957 (Rev 9/2005)

OMB No. 0651-0050 (Exp. 04/30/2011)

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 78636704 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 007 for INDUCTION AND DIRECT CURRENT MOTORS, SYNCHRONOUS MOTORS AND ELECTRICAL GENERATORS FOR POWERING OF INDUSTRIAL MACHINERY
Original Filing Basis:
Filing Basis: Section 1(b), Intent to Use: 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)).

In International Class 007, the mark was first used at least as early as 11/30/1994 and first used in commerce at least as early as 11/30/1994.

Proposed: Class 007 for INDUCTION AND DIRECT CURRENT MOTORS, SYNCHRONOUS MOTORS AND ELECTRICAL GENERATORS FOR POWERING OF INDUSTRIAL MACHINERY
Filing Basis: Section 1(b), Intent to Use: 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)).

In International Class 007, the mark was first used at least as early as 11/30/1994. and first used in commerce at least as early as 11/30/1994.

Applicant hereby submits a new specimen for Class 007. The specimen(s) submitted consists of Label.
For an application based on 1(b), Intent-to-Use, "The substitute specimen(s) was in use in commerce prior to expiration of the filing deadline for filing a Statement of Use (SOU)."
Original PDF file:
SPU0-20825315836-105301160_._Perfect_Harmony_label.pdf
Converted PDF file(s) (1 page)
Specimen File1

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 009 for LOW VOLTAGE AND MEDIUM VOLTAGE VARIABLE FREQUENCY DRIVES FOR THE CONTROL OF INDUCTION AND SYNCHRONOUS MOTORS; DIRECT CURRENT DRIVES FOR THE CONTROL OF DC MOTORS; ELECTRICAL POWER SUPPLIES AND ELECTRICAL POWER CONTROL SYSTEMS COMPRISED OF ELECTRICAL TRANSFORMERS, POWER SEMICONDUCTORS, DC AND AC POWER CONVERTERS, AND CONTROL CIRCUITRY FOR THE CONTROL OF STATIC INDUSTRIAL PROCESS APPLICATIONS; APPLICATION SOFTWARE FOR THE CONTROL OF VARIABLE FREQUENCY AND DIRECT CURRENT DRIVES IN INDUSTRIAL APPLICATIONS
Original Filing Basis:
Filing Basis: Section 1(b), Intent to Use: 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)).

In International Class 009, the mark was first used at least as early as 11/30/1994 and first used in commerce at least as early as 11/30/1994.

Proposed: Class 009 for LOW VOLTAGE AND MEDIUM VOLTAGE VARIABLE FREQUENCY DRIVES FOR THE CONTROL OF INDUCTION AND SYNCHRONOUS MOTORS; DIRECT CURRENT DRIVES FOR THE CONTROL OF DC MOTORS; ELECTRICAL POWER SUPPLIES AND ELECTRICAL POWER CONTROL SYSTEMS COMPRISED OF ELECTRICAL TRANSFORMERS, POWER SEMICONDUCTORS, DC AND AC POWER CONVERTERS, AND CONTROL CIRCUITRY FOR THE CONTROL OF STATIC INDUSTRIAL PROCESS APPLICATIONS; APPLICATION SOFTWARE FOR THE CONTROL OF VARIABLE FREQUENCY AND DIRECT CURRENT DRIVES IN INDUSTRIAL APPLICATIONS
Filing Basis: Section 1(b), Intent to Use: 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)).

In International Class 009, the mark was first used at least as early as 11/30/1994. and first used in commerce at least as early as 11/30/1994.

Applicant hereby submits a new specimen for Class 009.
For an application based on 1(b), Intent-to-Use, "The substitute specimen(s) was in use in commerce prior to expiration of the filing deadline for filing a Statement of Use (SOU)."
Original PDF file:
SPU1-20825315836-105301160_._Perfect_Harmony_label.pdf
Converted PDF file(s) (1 page)
Specimen File1

SIGNATURE(S)
Declaration Signature
If the applicant is seeking registration under Section 1(b) and/or Section 44 of the Trademark Act, the applicant has 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); and/or the applicant has had a bona fide intention to exercise legitimate control over the use of the mark in commerce by its members. 37 C.F. R. Sec. 2.44. 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); and/or the applicant has exercised legitimate control over the use of the mark in commerce by its members. 37 C.F.R. Sec. 244. 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: /Michael J. Wallace/      Date: 01/23/2009
Signatory's Name: Michael J. Wallace
Signatory's Position: Attorney for Applicant, NY bar member

Response Signature
Signature: /Michael J. Wallace/     Date: 01/23/2009
Signatory's Name: Michael J. Wallace
Signatory's Position: Attorney for Applicant, NY bar member

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: 78636704
Internet Transmission Date: Fri Jan 23 14:00:02 EST 2009
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.XX-200901231400024
51794-78636704-440c08fe19a1be67641bd38c9
49fb68729-N/A-N/A-20090123105301160855