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. 79054489 has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 007 for Machine and machine tools; handheld saws (part of machine); power operated saws; chain saws, clearing saws, trimming machines, hedge trimmers, power cutters, brush cutters, saw blades (part of machine); saw mills, lawn mowing machines, ride on lawn mowers, aerators, dethatchers, cultivators, blowing and sucking devices such as leaf- and snow blowers including garden vacuums, all goods with parts, replacement parts and accessories
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 007 for Handheld saws, power operated saws, chain saws, clearing saws, trimming machines, namely, grass trimmers, power operated hedge trimmers, power cutters, brush cutters, saw blades, portable saw mills, lawn mowing machines, ride on mowers, aerators, power operated dethatchers, power operated cultivators, blowing and sucking device, namely, leaf and snow blowers including garden vacuums, all with replacement parts and accessories.

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.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 008 for Hand tools and hand implements, all for use in forestry, park and horticulture, all goods with parts, replacement parts and accessories
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 008 for Hand tools and implements, namely, axes, clearing knives, limbing saws, pruning saws all for use in forestry, park and horticulture, and all with replacement parts and accessories.

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.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 035 for Advertising in industry in commerce, business management and business organisation, marketing studies, publicity, shop window dressing
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 035 for Advertising services, business management services, and business organization consultation; market research studies; publicity consultation; shop window dressing.

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.

ADDITIONAL STATEMENTS
Applicant respectfully responds to Office action dated July 28, 2008. Applicant has amended the goods and services in Classes 7, 8 and 35. Applicant hereby submits evidence that the terms "brushcutter" and "power cutter" are used within the industry as the common commerical names of these products. Applicant states that the term ULTICOR does not have any meaning or significance in the industry and is not a term of art in the industry. ULTICOR does not identify a geographical place or have meaning in a foreign language. Applicant states that the application is ready for publication.
Original PDF file:
M-216183169114-105853459_._BRUSHCUTTER_support.pdf
Converted PDF file(s) (10 pages)
Miscellaneous File1
Miscellaneous File2
Miscellaneous File3
Miscellaneous File4
Miscellaneous File5
Miscellaneous File6
Miscellaneous File7
Miscellaneous File8
Miscellaneous File9
Miscellaneous File10
Original PDF file:
M-216183169114-105853459_._POWER_CUTTER_support.pdf
Converted PDF file(s) (6 pages)
Miscellaneous File1
Miscellaneous File2
Miscellaneous File3
Miscellaneous File4
Miscellaneous File5
Miscellaneous File6

Significance of wording, letter(s), or numeral(s)
ULTICOR appearing in the mark has no significance in the relevant trade or industry or as applied to the goods/services listed in the application, no geographical significance, nor any meaning in a foreign language.

SIGNATURE(S)
Response Signature
Signature: /Ronald M. Kachmarik/     Date: 12/05/2008
Signatory's Name: Ronald M. Kachmarik
Signatory's Position: Attorney of record, Ohio 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.

        
Serial Number: 79054489
Internet Transmission Date: Fri Dec 05 16:13:39 EST 2008
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.XXX-20081205161339
124810-79054489-430a1f6aec3e1cedac89a543
798aafedb6-N/A-N/A-20081204105853459577