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. 79061021 has been amended as follows:

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

Please see the actual argument text attached within the Evidence section

EVIDENCE
Evidence in the nature of The evidence section consists of arguments submitted in response to the refusals issued by the Examining Attorney. has been attached.
Original PDF file:
evi_8219717642-123433341_._USPTO_response_-_ROADSTER_-_June_8__2009.pdf
Converted PDF file(s) (4 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 003 for Soaps; perfumery, essential oils, cosmetics, hair lotions; dentifrices
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: Soaps; Soaps for personal use; perfumery, essential oils, cosmetics, hair lotions; dentifricesClass 003 for Soaps for personal use; perfumery, essential oils, cosmetics, hair lotions; dentifrices

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 009 for Glasses, sunglasses; computer software; protective helmets; scientific, nautical, surveying, photographic, cinematographic, optical, weighing, measuring, signalling, checking (supervision), life-saving and teaching apparatus and instruments; apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling electricity; apparatus for recording, transmission or reproduction of sound or images; magnetic data carriers, recording discs; automatic vending machines and mechanisms for coin-operated apparatus; cash registers, calculating machines, data processing equipment and computers; fire-extinguishing apparatus
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: Glasses, sunglasses; glasses, namely, eyewear; computer software; sunglasses; optical apparatus and instruments, namely, cases for eyeglasses; scientific, nautical, surveying, photographic, cinematographic, optical, weighing, measuring, signalling, checking (supervision), life-saving and teaching apparatus and instruments; protective helmets; apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling electricity; scientific, nautical, and surveying apparatus and instruments, namely, navigation computer systems for automobiles; apparatus for recording, transmission or reproduction of sound or images; photographic and cinematographic apparatus and instruments and apparatus for recording, transmission or reproduction of images, namely, cameras, radios, televisions, audio cassette recorders, video cassette recorders, blank magnetic data carriers, blank data recording discs, unexposed film, magnetic data carriers containing interactive multimedia computer game programs for use on personal computers and televisions, and magnetic data carriers comprised of computer hardware and software equipped with interactive video games of virtual reality; magnetic data carriers, recording discs; weighing equipment, namely, scales and balances; instruments for measuring length; signal processors; life jackets; apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling electricity, namely, electricity conduits, electric switches, electric transformers, electric accumulators for vehicles, voltage regulators, and electrical controllers; ; automatic vending machines and mechanisms for coin-operated apparatus; cash registers, calculating machines, data processing equipment and computers; fire-extinguishing apparatusClass 009 for glasses, namely, eyewear; sunglasses; optical apparatus and instruments, namely, cases for eyeglasses; protective helmets; scientific, nautical, and surveying apparatus and instruments, namely, navigation computer systems for automobiles; photographic and cinematographic apparatus and instruments and apparatus for recording, transmission or reproduction of images, namely, cameras, radios, televisions, audio cassette recorders, video cassette recorders, blank magnetic data carriers, blank data recording discs, unexposed film, magnetic data carriers containing interactive multimedia computer game programs for use on personal computers and televisions, and magnetic data carriers comprised of computer hardware and software equipped with interactive video games of virtual reality; weighing equipment, namely, scales and balances; instruments for measuring length; signal processors; life jackets; apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling electricity, namely, electricity conduits, electric switches, electric transformers, electric accumulators for vehicles, voltage regulators, and electrical controllers;; automatic vending machines and mechanisms for coin-operated apparatus; cash registers, calculating machines, data processing equipment and computers; fire-extinguishing apparatus

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 016 for Paper, cardboard and goods made from these materials, not included in other classes; printed matter, books, posters, stickers; bookbinding material, photographs; stationery, particularly writing utensils; adhesives for stationery or household purposes; artists' materials; paint brushes; typewriters and office requisites (except furniture); instructional and teaching material (except apparatus); plastic materials for packaging (not included in other classes); printers' type; printing blocks
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: Paper, cardboard and goods made from these materials, not included in other classes; pens; printed matter, books, posters, stickers; fountain pens; bookbinding material, photographs; ball-point pens; stationery, particularly writing utensils; pencils; adhesives for stationery or household purposes; mechanical pencils; artists' materials; felt-tip pens; paint brushes; roller ball pens; typewriters and office requisites (except furniture); document markers; instructional and teaching material (except apparatus); writing brushes; plastic materials for packaging (not included in other classes); sealing waxes; printers' type; pouches, cases, and boxes for writing instruments; printing blocks; inks and ink refills for writing instruments; note paper; writing paper; note pads; memo pads; name cards; envelopes; diaries; calendars; paperweights; erasers; pencil sharpeners; paper knives; pen and pencil holders; paintings; engravingsClass 016 for pens; fountain pens; ball-point pens; pencils; mechanical pencils; felt-tip pens; roller ball pens; document markers; writing brushes; sealing waxes; pouches, cases, and boxes for writing instruments; inks and ink refills for writing instruments; note paper; writing paper; note pads; memo pads; name cards; envelopes; diaries; calendars; paperweights; erasers; pencil sharpeners; paper knives; pen and pencil holders; paintings; engravings

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 025 for Clothing, footwear, headgear
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: Clothing, footwear, headgear; clothing, namely, bathing suits, coats, cummerbunds, dressing gowns, fur coats and stoles, hosiery, jackets, pullovers, pajamas, robes, shirts, skirts, suits, sweaters, trousers, underwear, belts, braces in the nature of suspenders, gloves, mufflers, sashes for wear, scarves, shawls, ties, bow ties, tops, Bermudas, bike leather jackets, blousons, down jackets, polos, blazers, long-sleeves, pants, T-shirts, sweatshirts, rain jackets, rain pants, wind pants, wind shirts, wind sweaters, socks, golf sweaters, golf rain jackets, golf rain pants, golf wind sweaters, running tights, training shorts, tennis pants, shorts; footwear, boots, shoes, slippers, driving shoes, golf shoes, running shoes, tennis shoes; headgear, namely, caps, hats, headcovers, golf bucket hats, and golf capsClass 025 for clothing, namely, bathing suits, coats, cummerbunds, dressing gowns, fur coats and stoles, hosiery, jackets, pullovers, pajamas, robes, shirts, skirts, suits, sweaters, trousers, underwear, belts, braces in the nature of suspenders, gloves, mufflers, sashes for wear, scarves, shawls, ties, bow ties, tops, Bermudas, bike leather jackets, blousons, down jackets, polos, blazers, long-sleeves, pants, T-shirts, sweatshirts, rain jackets, rain pants, wind pants, wind shirts, wind sweaters, socks, golf sweaters, golf rain jackets, golf rain pants, golf wind sweaters, running tights, training shorts, tennis pants, shorts; footwear, boots, shoes, slippers, driving shoes, golf shoes, running shoes, tennis shoes; headgear, namely, caps, hats, headcovers, golf bucket hats, and golf caps

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 AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: Dr. Ing. h.c. F. Porsche; Aktiengesellschaft a(n) Stock company, having an address of
      Porscheplatz 1 70435 Stuttgart
      ,
      Germany

Proposed: Dr. Ing. h.c. F. Porsche; Aktiengesellschaft, aktiengesellschaft legally organized under the laws of Germany, having an address of
      Porscheplatz 1
      Stuttgart, 70435
      Germany
      XXXX

ADDITIONAL STATEMENTS
Claim of Prior Registration(s)
Applicant claims ownership of U.S. Registration Number(s) 1955838, 2861240, 3334523 and others.

SIGNATURE(S)
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: /Jeffrey Martin/     Date: 06/08/2009
Signatory's Name: Jeffrey Martin
Signatory's Position: attorney for applicant

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: 79061021
Internet Transmission Date: Mon Jun 08 13:01:21 EDT 2009
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XX-2009060813012113
9900-79061021-4301198fca0f9a6f15fcee98e8
eb9c2eec6-N/A-N/A-20090608123433341126