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. 85101970 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 Infrared broil system; gas cooktop; electric ranges for household purposes; gas range; microwave ovens; gas grills
Original Filing Basis:
Filing Basis: Section 1(b), Intent to Use: The applicant has 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. (15 U.S.C. Section 1051(b)).

Filing Basis: Section 44(d), Priority based on foreign filing: Applicant has a bona fide intention to use the mark in commerce on or in connection with the identified goods and/or services, and asserts a claim of priority based on [Korea, South application number 40-2010-0033 filed 06/28/2010]. 15 U.S.C.Section 1126(d), as amended.

Proposed:
Tracked Text Description: Infrared broil system; Electric cookware, namely, infrared broilers; gas cooktop; electric ranges for household purposes; gas range; microwave ovens; gas grillsClass 011 for Electric cookware, namely, infrared broilers; gas cooktop; electric ranges for household purposes; gas range; microwave ovens; gas grills
Filing Basis: Section 1(b), Intent to Use: The applicant has 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. (15 U.S.C. Section 1051(b)).

Filing Basis: Section 44(d), Priority based on foreign filing: Applicant has a bona fide intention to use the mark in commerce on or in connection with the identified goods and/or services, and asserts a claim of priority based on [Korea, South application number 40-2010-0033 filed 06/28/2010]. 15 U.S.C.Section 1126(d), as amended.

ADDITIONAL STATEMENTS
CLARIFICATION OF FILING/REGISTRATION BASIS The Examining Attorney requested that the Applicant specify the basis or bases for registration. The Applicant responds that it intends to rely upon both the intent-to-use filing basis under Section 1(b), as well as the Section 44 basis. Applicant notes that the foreign registration has not yet issued, and Applicant will select either the Section 1(b) or Section 44(e) basis upon the completion of the prosecution of Korean priority Application No. 40-2010-0033818. REMARKS Applicant thanks the Examining Attorney for the very thorough consideration given the present application. Applicant has amended the identification of goods as suggested by the Examining Attorney and clarified the filing basis herein. There being no other issues raised in the Office Action, Applicant believes that the present application will be in condition for publication as soon as a basis is elected. An early Notice of Publication thereafter is respectfully requested. Please charge any fees or credit any overpayment pursuant to 37 CFR § 2.6 to Deposit Account No. 02-2448. If the Examiner has any questions concerning this application, the Examiner is requested to contact Robert J. Kenney at (703) 205-8000 in the Washington, D.C. area.

SIGNATURE(S)
Response Signature
Signature: /Robert J. Kenney/     Date: 05/19/2011
Signatory's Name: Robert J. Kenney
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: 85101970
Internet Transmission Date: Thu May 19 16:19:08 EDT 2011
TEAS Stamp: USPTO/ROA-XXX.XXX.XX.XX-2011051916190817
6531-85101970-480c8e9d1b6242bfda3d4f2863
6c8a6b7c-N/A-N/A-20110519154959974309