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. 78885695 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 009 for computers; computer hardware; computer software; computer peripherals; notebook computers; laptop computers; tablet computers; computer servers; handheld computers; mobile computers; hard drives; audio speakers; speakers for computers; personal digital assistants; electronic organizers; electronic notepads; magnetic data carriers; computer gaming machines; microprocessors; memories boards; monitors; displays; keyboards; computer input devices; computer cables; modems; printers; parts and accessories for all the aforesaid goods
Original Filing Basis: 1(b); and 44(d).
Proposed: Class 009 for computers; computer hardware; computer operating system software; computer utility software; computer peripherals; hard drives for computers; speakers for computers; microprocessors; memory boards; keyboards; computer input devices, namely, computer mouse.
Filing Basis: 1(b); and 44(d).
Section 44(d) Priority based on foreign filing: Applicant has a bona fide intention to use the mark in commerce on or in connection with the identified goods and/or services, and asserts a claim of priority based on [New Zealand application number 738999 filed 11/18/2005]. 15 U.S.C.Section 1126(d), as amended.

Additional Statements

"Applicant claims ownership of U.S. Registration Number(s) 1964391, 1968965, 2000282 and others."

Applicant wishes to proceed relying on Applicant's intent to use the mark in commerce under Trademark Act section 1(b) as the sole basis for registration, with the claim of priority under Section 44(d).

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 Donald/      Date: 01/22/2007
Signatory's Name: John Donald
Signatory's Position: Senior Counsel

Response Signature
Signature: /John Donald/     Date: 01/22/2007
Signatory's Name: John Donald
Signatory's Position: Senior Counsel
        
Serial Number: 78885695
Internet Transmission Date: Mon Jan 22 18:03:05 EST 2007
TEAS Stamp: USPTO/ROA-XX.XXX.XX.XXX-2007012218030505
2437-78885695-36012379ff22e7bf3db13333cf
4527b2a-N/A-N/A-20070122173909900838