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. 79086518 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 011 for Light emitting diodes for the purpose of lighting, for example for the illumination in refrigerating apparatus, refrigerating chambers, refrigerators and/or refrigerating display cabinets (display cases), for illuminating signage and advertisements, for illuminating rooms, buildings, streets; electric lamps; lights; light modules and lights with light emitting diodes as the means of lighting; sources of light including light emitting diodes
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: Light emitting diodes for the purpose of lighting, for example for the illumination in refrigerating apparatus, refrigerating chambers, refrigerators and/or refrigerating display cabinets (display cases), for illuminating signage and advertisements, for illuminating rooms, buildings, streets; Light emitting diodes for the purpose of lighting for illuminating signage and advertisements, for illuminating rooms, buildings and streets; electric lamps; lights; lights for chillers in the food industry; light modules and lights with light emitting diodes as the means of lighting; lights for canopy engine for multideck cabinets; sources of light including light emitting diodes; lights for refrigerated multideck cabinets with doors in the food industry; light modules and lights with light emitting diodes as the means of lighting, namely, LED module chain for highlighting lines and edges and for backlighting complex contours, letters, symbols and surfaces in signage applications and in illuminated advertising applications for use as light fixtures, general lighting fixtures, effect and design lighting fixtures, emergency lighting fixtures, spot-lights, ceiling recessed light modules, floodlight modules, trunking light modules, floor recessed light modules, free standing light modules, surface mounted and recessed light modules, surface mounted and suspended light modules, suspended light modules, top-mounted light modules, wall mounted light modules, wall recessed light modules; sources of light including light emitting diodes, namely, light emitting diodes light fixturesClass 011 for Light emitting diodes for the purpose of lighting for illuminating signage and advertisements, for illuminating rooms, buildings and streets; electric lamps; lights for chillers in the food industry; lights for canopy engine for multideck cabinets; lights for refrigerated multideck cabinets with doors in the food industry; light modules and lights with light emitting diodes as the means of lighting, namely, LED module chain for highlighting lines and edges and for backlighting complex contours, letters, symbols and surfaces in signage applications and in illuminated advertising applications for use as light fixtures, general lighting fixtures, effect and design lighting fixtures, emergency lighting fixtures, spot-lights, ceiling recessed light modules, floodlight modules, trunking light modules, floor recessed light modules, free standing light modules, surface mounted and recessed light modules, surface mounted and suspended light modules, suspended light modules, top-mounted light modules, wall mounted light modules, wall recessed light modules; sources of light including light emitting diodes, namely, light emitting diodes light fixtures

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:
Patentanwalt Dr. Ra; und Dr. Thomas Fech
Egelseestraße 65a,
Postfach 61
A-6806 Feldkirch
AUSTRIA

Proposed:
Aimee L. Kaplan & Stewart J. Bellus of Collard & Roe, P.C., having an address of
1077 Northern Blvd. Roslyn, New York 11576
United States
516/365-9802
516/365-9805



ADDITIONAL STATEMENTS
Disclaimer
No claim is made to the exclusive right to use WHITE apart from the mark as shown.

(1) Applicant has disclaimed WHITE pursuant to the examiner's requirement of the same. (2) Applicant has amended its identification of goods pursuant to the examiner's requirement of the same. Applicant respectfully points out that with few exceptions, an identification of goods and services will be considered acceptable "if it meets the standards (not necessarily the language)" set forth in the Acceptable Identification of Goods and Services Manual. TMEP Section 1402.01(a). The most important standard relevant here is that terms should be "understandable to the average person." Also deference should be given to the language and the classification set forth by the applicant in the original application. TMEP Section 1402.01(a). A term in the identification of goods should be read to have its ordinary meaning. See In re Thor Tech Inc., 85 USPQ2d 1474, 1477 (TTAB 2008) in which the TTAB reversed the examiner's refusal of the language "park trailers" because the Board found that it was recognized in the industry and was not too broad. Applicant therefore believes that its identification of goods should be accepted without further amendment and respectfully requests that the examiner approve the application for publication.

SIGNATURE(S)
Response Signature
Signature: /alk/     Date: 11/02/2010
Signatory's Name: Aimee L. Kaplan
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.

Mailing Address:    Aimee L. Kaplan & Stewart J. Bellus
   Collard & Roe, P.C.
   1077 Northern Blvd.
   Roslyn, New York 11576
        
Serial Number: 79086518
Internet Transmission Date: Tue Nov 02 15:37:20 EDT 2010
TEAS Stamp: USPTO/ROA-XX.XX.XXX.XX-20101102153720872
959-79086518-4702ab839eca747969771ebe824
3d926e9-N/A-N/A-20101102145737436341