Response to Office Action

FIERCE

FIERCE MANUFACTURING, INC.

Response to Office Action

PTO Form 1957 (Rev 9/2005)
OMB No. 0651-0050 (Exp. 04/2009)

Response to Office Action


The table below presents the data as entered.

Input Field
Entered
SERIAL NUMBER 78873048
LAW OFFICE ASSIGNED LAW OFFICE 104
MARK SECTION (no change)
GOODS AND/OR SERVICES SECTION (current)
INTERNATIONAL CLASS 012
DESCRIPTION
Aftermarket styling components and accessories made from solid billet aluminum or steel for automobiles, namely, grilles, door handles, tail light guards, side vents, light covers, and fuel doors
FILING BASIS Section 1(a)
        FIRST USE ANYWHERE DATE At least as early as 09/15/2005
        FIRST USE IN COMMERCE DATE At least as early as 10/15/2005
GOODS AND/OR SERVICES SECTION (proposed)
INTERNATIONAL CLASS 012
DESCRIPTION
Aftermarket styling components and accessories for automobiles made from solid billet aluminum or steel, namely, radiator grille frames, door handles, tail light guards, side vents for radiator frames, head light, tail light, and third brake covers, and fuel door plates
FILING BASIS Section 1(a)
        FIRST USE ANYWHERE DATE At least as early as 09/15/2005
        FIRST USE IN COMMERCE DATE At least as early as 10/15/2005
ADDITIONAL STATEMENTS SECTION
DESCRIPTION OF THE MARK
(and Color Location, if applicable)
"The mark consists of the word “FIERCE” in stylized lettering in black with a blue and white shading behind it. The word is enclosed by a black rectangle which is formed by the head of a puma on the right side. The head of the puma is outlined in black and has blue and white shading and white teeth and eye."
COLOR(S) CLAIMED
(If applicable)
"The color(s) black, blue, and white is/are claimed as a feature of the mark."
SIGNATURE SECTION
DECLARATION SIGNATURE /john e. russell/
SIGNATORY'S NAME John E. Russell
SIGNATORY'S POSITION Attorney for Applicant
DATE SIGNED 11/06/2006
RESPONSE SIGNATURE /john e. russell/
SIGNATORY'S NAME John E. Russell
SIGNATORY'S POSITION Attorney for Applicant
DATE SIGNED 11/06/2006
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Tue Nov 07 01:34:40 EST 2006
TEAS STAMP USPTO/ROA-XX.XXX.XXX.XXX-
20061107013440281483-7887
3048-34088796588083cb71ed
5accaed415682-N/A-N/A-200
61107012844874197



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. 78873048 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 012 for Aftermarket styling components and accessories made from solid billet aluminum or steel for automobiles, namely, grilles, door handles, tail light guards, side vents, light covers, and fuel doors
Original Filing Basis: 1(a).
Proposed: Class 012 for Aftermarket styling components and accessories for automobiles made from solid billet aluminum or steel, namely, radiator grille frames, door handles, tail light guards, side vents for radiator frames, head light, tail light, and third brake covers, and fuel door plates
Filing Basis: 1(a).
Additional Statements

"The mark consists of the word “FIERCE” in stylized lettering in black with a blue and white shading behind it. The word is enclosed by a black rectangle which is formed by the head of a puma on the right side. The head of the puma is outlined in black and has blue and white shading and white teeth and eye."

"The color(s) black, blue, and white is/are claimed as a feature of the mark."

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: /john e. russell/      Date: 11/06/2006
Signatory's Name: John E. Russell
Signatory's Position: Attorney for Applicant

Response Signature
Signature: /john e. russell/     Date: 11/06/2006
Signatory's Name: John E. Russell
Signatory's Position: Attorney for Applicant
        
Serial Number: 78873048
Internet Transmission Date: Tue Nov 07 01:34:40 EST 2006
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XXX-200611070134402
81483-78873048-34088796588083cb71ed5acca
ed415682-N/A-N/A-20061107012844874197



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