Response to Office Action

PTO Form 1957 (Rev 9/2005)

OMB No. 0651-0050 (Exp. 04/2009)

---

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. 79053636 has been amended as follows:

ARGUMENT(S)
In response to the substantive refusal(s), please note the following:

In response to the Examiner's request to specify whether the word "RED" has any significance in connection with the identified goods, the Applicant submits that "RED" does not have any significance in connection with the identified goods as it relates to the color red.  However, Applicant plans to include red portions merely as a decorative feature on at least some of the goods.  For example, in the attached product photograph Applicant uses red portions as a decorative feature on its RED FIRE wheel product.  Although the photograph does not show a product with the presently applied for mark, it is representative of the type of product that could bear the presently applied for mark.


EVIDENCE
Evidence in the nature of a photograph of one of applicant's goods bearing a mark different from the presently applied for mark has been attached.
Original PDF file:
evi_64320798-133234528_._RED_FIRE_SPECIMEN.pdf
Converted PDF file(s) (1 page)
Evidence-1

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 012 for Bicycles; bicycle parts, components and accessories, namely: bicycle frames; tubes and connectors for bicycle frames; bicycle wheels; rims and spokes for bicycle wheels; pedals; hubs quick release devices and hubs comprising said devices; rear derailleurs; front derailleurs; crank arms; gear wheels and gear wheels assemblies; crank arms with gear wheels; sprockets; sprocket assemblies; free wheels; transmission chains; drive or control means for front derailleurs or rear derailleurs, either mechanic or electronic; brakes; brake pads; disk brakes; cable guides; knobs and control levers; seat posts and seats; pumps and supports for pumps; shafts and bearings for crank arms and for pedals; head sets for steering assemblies, and bearings and bushings thereof; front and rear forks; cables and casings; fastening clamps; bottom brackets; bottom bracket assemblies; handlebars connections and handlebars; forks and suspension forks; stands; tires; tubular tires; inner tubes; clincher tires; rim tapes for tubeless tires; valves; means to detect and/or monitor and/or show functioning and/or performance data; bicycle tools; all for bicycles
Original Filing Basis:
Filing Basis Section 66(a), Request for Extension of Protection to the United States. Section 66(a) of the Trademark Act, 15 U.S.C. §1141f.

Proposed: Class 012 for Bicycles; bicycle parts, components and accessories, namely: bicycle frames; tubes and connectors for bicycle frames; bicycle wheels; rims and spokes for bicycle wheels; pedals; hubs quick release devices and hubs comprising said devices; rear derailleurs; front derailleurs; crank arms; gear wheels and gear wheels assemblies; crank arms with gear wheels; sprockets; sprocket assemblies; free wheels; transmission chains; drive or control means for front derailleurs or rear derailleurs, either mechanic or electronic; brakes; brake pads; disk brakes; cable guides; knobs and control levers; seat posts and seats; pumps and supports for pumps; shafts and bearings for crank arms and for pedals; head sets for steering assemblies, and bearings and bushings thereof; front and rear forks; cables and casings; fastening clamps; bottom brackets; bottom bracket assemblies; handlebars connections and handlebars; forks and suspension forks; stands; tires; tubular tires; inner tubes; clincher tires; rim tapes for tubeless tires; valves; means to detect and/or monitor and/or show functioning and/or performance data; bicycle tools, namely, bicycle pumps and bicycle stands; all the aforementioned goods being for bicycles

Filing Basis Section 66(a), Request for Extension of Protection to the United States. Section 66(a) of the Trademark Act, 15 U.S.C. §1141f.

CORRESPONDENCE ADDRESS CHANGE
Applicant proposes to amend the following:
Current:
GIAMBROCONO & C. S.P.A.
Via Rosolino Pilo, 19/b
I-20129 MILANO (MI)
ITALY

Proposed:
Anthony P. Venturino of Novak Druce + Quigg, LLP, having an address of
1300 I Street, NW Suite 1000 West Washington, District of Columbia 20005
United States
trademark@novakdruce.com
202-659-0100
202-659-0105

SIGNATURE(S)
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: /anthony p venturino/      Date: 12/23/2008
Signatory's Name: Anthony P. Venturino
Signatory's Position: Attorney, DC bar member

Response Signature
Signature: /anthony p venturino/     Date: 12/23/2008
Signatory's Name: Anthony P. Venturino
Signatory's Position: Attorney, dc bar member

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.

Mailing Address:    Anthony P. Venturino
   Novak Druce + Quigg, LLP
   1300 I Street, NW Suite 1000 West
   Washington, District of Columbia 20005
        
Serial Number: 79053636
Internet Transmission Date: Tue Dec 23 13:40:46 EST 2008
TEAS Stamp: USPTO/ROA-XX.X.XXX.XX-200812231340469035
66-79053636-4308d2a3352d5ae11f87c8326d30
155179-N/A-N/A-20081223133234528022