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. 78952708 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 007 for Earth moving machines and equipment, namely, bulldozers, dredging machines, earth augers, earth compacting machines, backhoes, graders, loaders, scrapers, scarifiers, wreckers, and replacement parts therefor; excavating machines and hydraulic excavators, and replacement parts and attachments therefor including shears, hitches, pulverizers, breakers, grapples, couplings, attachments for recycling; cranes, lifting machines and replacement parts therefor including container lifting machines, mechanical hoisting apparatus; loading and unloading machines, front end loaders and replacement parts therefor
Original Filing Basis: 1(b); and 44(d).
Proposed: Class 007 for Earth moving machines and equipment, namely, bulldozers, dredging machines, earth augers, earth compacting machines, backhoes, graders, loaders, scrapers, scarifiers, wreckers, and replacement parts therefor; excavating machines and hydraulic excavators, and replacement parts and attachments therefor namely, shears, hitches, pulverizers, breakers, grapples, couplings, attachments for recycling; cranes, lifting machines and replacement parts therefor namely, container lifting machines, mechanical hoisting apparatus; loading and unloading machines, front end loaders and replacement parts therefor
Filing Basis: 1(b); 44d; and 44(e)test.
New/Additional Basis:

Section 44(e) Based on Foreign Registration: Applicant has a bona fide intention to use the mark in commerce on or in connection with the identified goods and /or services, and submits a copy of [ New Zealand registration number 753090 registered 08/11/2006 with a renewal date of 08/11/2016 and an expiration date of 08/11/2016 ], and translation thereof, if appropriate. 15 U.S.C. Section 1126(e), as amended.

Original PDF file:
FRU0-3811514866-123051650_._Award_NZ_Certif_of_Reg_753090.pdf
Converted PDF file(s) (2 pages)
Foreign Registration-1
Foreign Registration-2

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: /Lee J. Eulgen/     Date: 05/17/2007
Signatory's Name: Lee J. Eulgen
Signatory's Position: Attorney

The signatory has confirmed that he/she is an attorney who is a member in good standing of the bar of the highest court of a U.S. state, which includes the District of Columbia, Puerto Rico, and other federal territories and possessions; and he/she is currently the applicant's attorney or an associate thereof; and to the best of his/her knowledge, if prior to his/her appointment another U.S. attorney or a Canadian attorney/agent not currently associated with his/her company/firm previously represented the applicant in this matter: (1) the applicant has filed or is concurrently filing a signed revocation of or substitute power of attorney with the USPTO; (2) the USPTO has granted the request of the prior representative to withdraw; (3) the applicant has filed a power of attorney appointing him/her in this matter; or (4) the applicant's appointed U.S. attorney or Canadian attorney/agent has filed a power of attorney appointing him/her as an associate attorney in this matter.
        
Serial Number: 78952708
Internet Transmission Date: Thu May 17 13:08:34 EDT 2007
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.XX-200705171308349
98107-78952708-370b0d94fc48537ff465c7ac1
9bcfbf83b-N/A-N/A-20070517123051650390