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. 78863770 has been amended as follows:
Argument(s)
In response to the substantive refusal(s), please note the following:
The identification of goods no longer refers to abrasive sheets.  As such, all the goods fall in two classes -7 and 8- and the fee for two classes has been paid. 

Classification and Listing of Goods/Services

Applicant hereby amends the following class of goods/services in the application as follows:
Current: Class 007 for Portable electric/pneumatic power tools; portable electric drill/drivers; hammer drills, sanders and saws; power grinders, angle grinders, routers; grinding tools; electric screwdrivers; drill chucks, drill/drivers; power tools which combine the function of a power drill/driver or a power screwdriver; hammers, pneumatic hammers, rotary hammers, percussion drill/drivers, hammer drills, nibblers; power staplers and nail guns; and power tool accessories for all the aforesaid goods
Original Filing Basis: 1(b).
Proposed: Class 007 for Portable electric/pneumatic power tools, namely, power circular saws; power mitre saws; power cut off saws; portable electric drill/drivers; power hammer drills, sanders and saws; power grinders, angle grinders, routers; power grinding tools; electric screwdrivers; power drill chucks, drill/drivers; power tools which combine the function of a power drill/driver or a power screwdriver; power operated tools, namely, hammers, pneumatic hammers, rotary hammers, percussion drill/drivers, hammer drills, nibblers; power staplers and nail guns; and power tool accessories for all the aforesaid goods, namely, circular saw blades; diamond saw blades; and mitre saw stands
Filing Basis: 1(b).
Applicant hereby amends the following class of goods/services in the application as follows:
Current: Class 008 for Tool accessories, namely saw blades, circular saw blades, diamond saw blades, drill bits, cutting tools, screwdriver bits, router bits, grinding wheels and discs, abrasive tools and files, abrasive sheets being hand operated tools or part of hand operated tools
Original Filing Basis: 1(b).
Proposed: Class 008 for Tool accessories, namely, saw blades, diamond saw blades, drill bits, cutting tools, screwdriver bits, router bits, grinding wheels and discs, abrasive tools and files, all of the above being hand operated tools or part of hand operated tools
Filing Basis: 1(b).

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: /James R. Foley/      Date: 12/21/2006
Signatory's Name: James R. Foley
Signatory's Position: Attorney of record

Response Signature
Signature: /James R. Foley/     Date: 12/21/2006
Signatory's Name: James R. Foley
Signatory's Position: Attorney of record
        
Serial Number: 78863770
Internet Transmission Date: Thu Dec 21 13:03:55 EST 2006
TEAS Stamp: USPTO/ROA-XX.XX.XXX.XXX-2006122113035576
5734-78863770-360603826a72e7a855b5bcfe8e
dc2135186-N/A-N/A-20061221124652446596