Response to Office Action

MALIBU

J. Baxter Brinkmann International Corporation

Response to Office Action

PTO Form 1957 (Rev 9/2005)
OMB No. 0651-0050 (Exp. 04/30/2011)

Response to Office Action


The table below presents the data as entered.

Input Field
Entered
SERIAL NUMBER 85077471
LAW OFFICE ASSIGNED LAW OFFICE 104
MARK SECTION (no change)
ARGUMENT(S)
In response to the Office Action, Applicant has amended the claim of ownership to delete reference to the cancelled Reg. No. 2861632 and replace it with new Reg. No. 3617647.  Applicant has also amended the identification of goods to that suggested by the Examining Attorney.
GOODS AND/OR SERVICES SECTION (current)
INTERNATIONAL CLASS 006
DESCRIPTION
Metal accessories and replacement parts for electric lighting fixtures, namely, cable clips, caps, gaskets, lens cages in the nature of protective casings of metal, metal clips for timers, pivots, hooks, knobs, risers, screws, stakes, and wire rope fittings of metal, namely, sockets
FILING BASIS Section 1(a)
        FIRST USE ANYWHERE DATE At least as early as 10/20/1965
        FIRST USE IN COMMERCE DATE At least as early as 10/20/1965
GOODS AND/OR SERVICES SECTION (proposed)
INTERNATIONAL CLASS 006
TRACKED TEXT DESCRIPTION
Metal accessories and replacement parts for electric lighting fixtures, namely, cable clips, caps, gaskets, lens cages in the nature of protective casings of metal, metal clips for timers, pivots, hooks, knobs, risers, screws, stakes, and wire rope fittings of metal, namely, sockets; Metal accessories and replacement parts for electric lighting fixtures, namely, cable clips, gaskets, metal clips for timers, pivots, hooks, knobs, risers, screws, stakes, and wire rope fittings of metal, namely, sockets
FINAL DESCRIPTION
Metal accessories and replacement parts for electric lighting fixtures, namely, cable clips, gaskets, metal clips for timers, pivots, hooks, knobs, risers, screws, stakes, and wire rope fittings of metal, namely, sockets
FILING BASIS Section 1(a)
       FIRST USE ANYWHERE DATE At least as early as 10/20/1965
       FIRST USE IN COMMERCE DATE At least as early as 10/20/1965
ADDITIONAL STATEMENTS SECTION
PRIOR REGISTRATION(S) The applicant claims ownership of U.S. Registration Number(s) 0816551, 3424575, and 3617647.
SIGNATURE SECTION
RESPONSE SIGNATURE /Susan Hwang/
SIGNATORY'S NAME Susan Hwang
SIGNATORY'S POSITION Attorney of record, CA bar member
DATE SIGNED 11/11/2011
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Fri Nov 11 20:10:55 EST 2011
TEAS STAMP USPTO/ROA-XX.XXX.XXX.XXX-
20111111201055273704-8507
7471-480d587d983943257b5e
71bdd7d353ff86-N/A-N/A-20
111111200750644071



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. 85077471 has been amended as follows:

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

In response to the Office Action, Applicant has amended the claim of ownership to delete reference to the cancelled Reg. No. 2861632 and replace it with new Reg. No. 3617647.  Applicant has also amended the identification of goods to that suggested by the Examining Attorney.

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 006 for Metal accessories and replacement parts for electric lighting fixtures, namely, cable clips, caps, gaskets, lens cages in the nature of protective casings of metal, metal clips for timers, pivots, hooks, knobs, risers, screws, stakes, and wire rope fittings of metal, namely, sockets
Original Filing Basis:
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 10/20/1965 and first used in commerce at least as early as 10/20/1965, and is now in use in such commerce.

Proposed:
Tracked Text Description: Metal accessories and replacement parts for electric lighting fixtures, namely, cable clips, caps, gaskets, lens cages in the nature of protective casings of metal, metal clips for timers, pivots, hooks, knobs, risers, screws, stakes, and wire rope fittings of metal, namely, sockets; Metal accessories and replacement parts for electric lighting fixtures, namely, cable clips, gaskets, metal clips for timers, pivots, hooks, knobs, risers, screws, stakes, and wire rope fittings of metal, namely, socketsClass 006 for Metal accessories and replacement parts for electric lighting fixtures, namely, cable clips, gaskets, metal clips for timers, pivots, hooks, knobs, risers, screws, stakes, and wire rope fittings of metal, namely, sockets
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 10/20/1965 and first used in commerce at least as early as 10/20/1965, and is now in use in such commerce.
ADDITIONAL STATEMENTS
Claim of Prior Registration(s)
The applicant claims ownership of U.S. Registration Number(s) 0816551, 3424575, and 3617647.

SIGNATURE(S)
Response Signature
Signature: /Susan Hwang/     Date: 11/11/2011
Signatory's Name: Susan Hwang
Signatory's Position: Attorney of record, CA 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: 85077471
Internet Transmission Date: Fri Nov 11 20:10:55 EST 2011
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XXX-201111112010552
73704-85077471-480d587d983943257b5e71bdd
7d353ff86-N/A-N/A-20111111200750644071



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