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. 85135308 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 025 for clothing, footwear and headgear
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)).

Proposed:
Tracked Text Description: clothing, footwear and headgear; clothing, namely T- Shirts, hoodies, jackets, caps, and shirts, footwear and headwearClass 025 for clothing, namely T- Shirts, hoodies, jackets, caps, and shirts, footwear and headwear
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)).

Applicant hereby adds the following class of goods/services to the application:
New: Class 009 for protective clothing, namely chest protectors and jackets; and protective headgear, namely neck braces
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)).

APPLICANT AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: XCEED HOLDINGS CC a(n) private limited company, having an address of
      No. 50, Kiepersol Crescent Atlas Gardens, Durbanville 7550
      Cape Town,Western Cape,
      South Africa

Proposed: XCEED HOLDINGS CC, close corporation legally organized under the laws of South Africa, having an address of
      No. 50, Kiepersol Crescent Atlas Gardens, Durbanville 7550
      Cape Town,Western Cape,
      South Africa

ADDITIONAL STATEMENTS
Responsive to the January 6, 2011 Office Action, and further to counsel's March 16 teleconference with the Examining Attorney, Applicant respectfully informs the Examining Attorney that the required signed Declaration in support of the application was filed with its October 6, 2010 Preliminary Amendment. In view of the foregoing, it is respectfully requested that the application be approved for publication. Please do not hesitate to telephone the undersigned if anything additional is required.

FEE(S)
Fee(s) in the amount of $325 is being submitted.

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: /cmh/     Date: 06/06/2011
Signatory's Name: Christina M. Hillson
Signatory's Position: Attorney of record, Delaware 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.

        
RAM Sale Number: 5806
RAM Accounting Date: 06/07/2011
        
Serial Number: 85135308
Internet Transmission Date: Mon Jun 06 18:58:43 EDT 2011
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XXX-201106061858434
64876-85135308-4800707912da6f6aaf721f397
cfa97b5ff-CC-5806-20110606185607525120