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. 78717680 has been amended as follows:
Argument(s)
In response to the substantive refusal(s), please note the following:

The Examining Attorney cited pending application Serial No. 78211814 for the mark P5 for “bicycle frames and bicycle forks” a the basis for a possible Section 2(d) rejection against this current application for the mark P5 for “inner tubes, inner tubes for vehicle tires, land vehicle parts, namely wheels, tires, tires for land vehicles; wheel rims”.  Although Applicant respectively disagrees that its mark might cause confusion with the cited application, at the suggestion of the Examining Attorney, and in an effort to proceed with this application, Applicant has amended its goods description to make clear that the goods of the application are limited to the automotive and truck field, thereby eliminating any possible confusion with the cited application for bicycle parts.  Applicant respectively requests that the potential Section 2(d) refusal be withdrawn.

Classification and Listing of Goods/Services

Applicant hereby amends the following class of goods/services in the application as follows:
Current: Class 012 for Inner tubes for vehicle tires; Land vehicle parts, namely, wheels; Tires; Tires for land vehicles; Wheel rims
Original Filing Basis: 1(b).
Proposed: Class 012 for Inner tubes for automotive and truck tires; automotive and truck parts, namely, wheels, tires, wheel rims

Additional Statements
"Applicant claims ownership of U.S. Registration Number(s) 2236555, 2250988, 2634052."

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: /Virginia L. Carron/     Date: 06/13/2006
Signatory's Name: Virginia L. Carron
Signatory's Position: Attorney for Applicant
        
Serial Number: 78717680
Internet Transmission Date: Tue Jun 13 12:48:37 EDT 2006
TEAS Stamp: USPTO/ROA-XX.XX.XXX.XXX-2006061312483771
8744-78717680-332a0fceb4d5beda1963846dca
b7bea86ce-N/A-N/A-20060613124119760286