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. 78740732 has been amended as follows:
Argument(s)
In response to the substantive refusal(s), please note the following:
Martin H. Wilcox, owner of Marine Sonic Technology, Ltd., the company applying for this trademark registration, invented the SHARPS product in the 1980's while he owned Applied Sonics, predecessor of our present company.  Applied Sonics is a company no longer in existence, as the name was changed to Marine Sonic Technology, Ltd., when our company was incorporated.
Email 1, attachments sharps 1-1 and 1-2 contain Free Dictionary references to the SHARPS acronym which are due to several media stories about our product in the 1980's when our owner Martin H. Wilcox invented the SHARPS product.  No one in our industry uses the acronym SHARPS for anything other than when referring to our SHARPS product.  Email 1, attachments sharps 2-1 through sharps 2-4 are images from Dr. Dave Mindell's Deep Archaeology website at MIT using our first prototype SHARPS system, and refer to our product SHARPS.  Email 2, attachments sharps 3-1 through sharps 3-7 are images from the Texas A&M website and refer to our product SHARPS.  Texas A&M was one of the first purchasers of our product SHARPS.  Email 3, attachments sharps 4-1 through sharps 4-5 are images from the website of Louis Whitcomb of Johns Hopkins University, an early customer, and is referring to our product SHARPS.  Email 4, attachments 4-6 , sharps 5-01 through 5-07 are direct references to our product SHARPS, licensed to a company named Marquest to manufacture for a time period.  Marquest did not register the name SHARPS, cancelled the license shortly afterward, and did not use the name further.  Again, this is our SHARPS product.  Email 5, attachments sharps 5-08 through 5-11 are continuouations to Email 4, attachment sharps 5-07, and all refer to our SHARPS product.


Classification and Listing of Goods/Services

Applicant hereby amends the following class of goods/services in the application as follows:
Current: Class 009 for Positioning system, namely underwater in the field of sonar
Original Filing Basis: 1(a).
Proposed: Class 009 for Sonar equipment, namely, an underwater sonar positioning system.
Section 1(a), Use in Commerce: The mark was first used at least as early as 05/20/1986 and first used in commerce at least as early as 04/13/1987, and is now in use in such commerce.
Applicant hereby submits a specimen for Class 009.
The specimen(s) submitted consists of originally submitted specimen.

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


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: /wos/      Date: 06/01/2006
Signatory's Name: Wilson O. Shealy
Signatory's Position: CEO

Response Signature

Signature: /wos/     Date: 06/01/2006
Signatory's Name: Wilson O. Shealy
Signatory's Position: CEO
        
Serial Number: 78740732
Internet Transmission Date: Thu Jun 01 15:31:59 EDT 2006
TEAS Stamp: USPTO/ROA-XX.XX.XXX.XX-20060601153159396
939-78740732-33224a998483f76c5d67eebd8a6
086d74-N/A-N/A-20060601150023838648