Response to Office Action

PTO Form 1957 (Rev 9/2005)

OMB No. 0651-0050 (Exp. 04/30/2011)

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PTO Form 1957 (Rev 9/2005)

OMB No. 0651-0050 (Exp. 04/30/2011)

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 79056817 has been amended as follows:

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

In the Office Action mailed September 12, 2008, the Examining Attorney provisionally refused the registration of the present mark, stating that the Identification of Goods was indefinite.  In response, the Identification of Goods has been amended to read substantially as suggested by the Examining Attorney.  Specifically, the Identification of Goods now recites:

Wind powered plants, in particular wind power turbines, wind powered electricity generators and wind powered machines, namely windmills.

In addition, the Examining Attorney requested additional information regarding the significance of the term "SCD" in the field.  Please be informed that the term "SCD" has no particular meaning or significance in the wind energy industry.  The term "SCD" is derived from "Super Compact Drive", a term used by Aerodyn Engineering in associated with one of their product lines.

Based on the amended Identification of Goods, and the assurance that "SCD" is not a term of art or a geographic designation, the Applicant respectfully requests registration of the subject mark. 

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 007 for Wind power plants, in particular wind power turbines, wind power generators, wind power machines and plants existing thereof
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:
Tracked Text Description: [Wind power plants], Wind powered plants, in particular wind power turbines, [wind power generators], wind powered electricity generators and wind powered machines, [wind power machines and plants existing thereof], namely windmillsClass 007 for Wind powered plants, in particular wind power turbines, wind powered electricity generators and wind powered machines, namely windmills

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.

SIGNATURE(S)
Declaration Signature
If the applicant is seeking registration under Section 1(b) and/or Section 44 of the Trademark Act, the applicant has 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); and/or the applicant has had a bona fide intention to exercise legitimate control over the use of the mark in commerce by its members. 37 C.F. R. Sec. 2.44. 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); and/or the applicant has exercised legitimate control over the use of the mark in commerce by its members. 37 C.F.R. Sec. 244. 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: /Jorie L Wilson/      Date: 03/04/2009
Signatory's Name: Jorie L. Wilson
Signatory's Position: Attorney of Record, VA bar member

Response Signature
Signature: /Jorie L Wilson/     Date: 03/04/2009
Signatory's Name: Jorie L. Wilson
Signatory's Position: Attorney of Record, VA 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: 79056817
Internet Transmission Date: Wed Mar 04 11:07:28 EST 2009
TEAS Stamp: USPTO/ROA-XX.XXX.XX.XXX-2009030411072863
4714-79056817-4405de281be112c3c8ca4e1c24
097ccfebf-N/A-N/A-20090304110457239638