| 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 |
78891894 |
| LAW OFFICE ASSIGNED |
LAW OFFICE 114 |
| MARK SECTION (no change) |
| ARGUMENT(S) |
| The examiner has refused registration of Applicant's mark on the basis of a likelihood of confusion with Registration No. 2366312 for MENTOR PRO. Applicant
respectfully disagrees with the Examiner's finding that there is a likelihood of confusion between the two marks. Applicant notes, however, that Registrant Boundless Technologies,
Inc. was required to file a Section 8 declaration by July 11, 2006, with the six-month grace period ending on January 11, 2007. As it appears that Boundless Technologies did not
timely file a Section 8 declaration, Applicant respectfully requests that examination of the application be suspended until Registration No. 2366312 is cancelled for failure to file a Section 8
declaration. |
| GOODS AND/OR SERVICES SECTION (current) |
| INTERNATIONAL CLASS |
009 |
| DESCRIPTION |
| Electronic board for the compression, decompression, multiplexing, recoding, playback, transmission, reception, switching, demultiplexing, of digital, audio, video and
data signals and parts thereof |
| FILING BASIS |
Section 1(b) |
| GOODS AND/OR SERVICES SECTION (proposed) |
| INTERNATIONAL CLASS |
009 |
| DESCRIPTION |
| Electronic circuit boards for the compression, decompression, multiplexing, recoding, playback, transmission, reception, switching, demultiplexing, of digital, audio,
video and data signals and parts thereof |
| FILING BASIS |
Section 1(b) |
| SIGNATURE SECTION |
| DECLARATION SIGNATURE |
The filing Attorney has elected not to submit the signed declaration, believing no supporting declaration is required under the Trademark Rules of Practice. |
| RESPONSE SIGNATURE |
/djm/ |
| SIGNATORY'S NAME |
Diane J. Mason |
| SIGNATORY'S POSITION |
attorney |
| DATE SIGNED |
03/14/2007 |
| AUTHORIZED SIGNATORY |
YES |
| FILING INFORMATION SECTION |
| SUBMIT DATE |
Wed Mar 14 18:04:40 EDT 2007 |
| TEAS STAMP |
USPTO/ROA-XX.X.XX.XXX-200
70314180440025682-7889189
4-3704aad2734c52de335389e
4333a2b36ca-N/A-N/A-20070
314174032974794 |
| 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.
78891894 has been amended as follows:
Argument(s)
In response to the substantive refusal(s), please note the following:
The examiner has refused registration of Applicant's mark on the basis of a likelihood of confusion with Registration No. 2366312 for MENTOR PRO. Applicant respectfully disagrees with the
Examiner's finding that there is a likelihood of confusion between the two marks. Applicant notes, however, that Registrant Boundless Technologies, Inc. was required to file a
Section 8 declaration by July 11, 2006, with the six-month grace period ending on January 11, 2007. As it appears that Boundless Technologies did not timely file a Section 8 declaration,
Applicant respectfully requests that examination of the application be suspended until Registration No. 2366312 is cancelled for failure to file a Section 8 declaration.
Classification and Listing of Goods/Services
Applicant hereby amends the following class of goods/services in the application as follows:
Current: Class 009 for Electronic board for the compression, decompression, multiplexing, recoding, playback, transmission, reception, switching, demultiplexing, of digital, audio, video and data
signals and parts thereof
Original Filing Basis: 1(b).
Proposed: Class 009 for Electronic circuit boards for the compression, decompression, multiplexing, recoding, playback, transmission, reception, switching, demultiplexing, of digital, audio, video
and data signals and parts thereof
Filing Basis: 1(b).
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: /djm/ Date: 03/14/2007
Signatory's Name: Diane J. Mason
Signatory's Position: attorney
The signatory has confirmed that he/she is either (1) an attorney who is a member in good standing of the bar of the highest court of a U.S. state; or (2) a Canadian attorney/agent who has been
granted reciprocal recognition under 37 C.F.R. §10.14(c) by the USPTO's Office of Enrollment and Discipline. He/she further confirms that (1) the applicant has not previously been represented in this
matter by an authorized attorney; and (2) he/she is the applicant's attorney or an associate of that attorney.
Serial Number: 78891894
Internet Transmission Date: Wed Mar 14 18:04:40 EDT 2007
TEAS Stamp: USPTO/ROA-XX.X.XX.XXX-200703141804400256
82-78891894-3704aad2734c52de335389e4333a
2b36ca-N/A-N/A-20070314174032974794