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. 85219689 has been amended as follows:

MARK
Applicant proposes to amend the mark as follows:
Current: MAXWORKS (Stylized and/or with Design)
Color is not claimed as a feature of the mark.
The mark consists of a square with gears and the stylized text "MaxWorks".

Proposed: MAXWORKS (Stylized and/or with Design, see mark)

The applicant is not claiming color as a feature of the mark.

The mark consists of word "MaxWorks" without gears (original specimen submitted included a gear image to the left of the word).

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 008 for Air-operated power tools, namely, ratchet wrenches, impact wrenches, drills, hammers, sanders, staplers, nailers, paint sprayers, grinders, saws, shears, cut-off tools, sanding pads, hose reels, cutting disc, grinding wheels, scrapers, nibblers, grease guns
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: Air-operated power tools, namely, ratchet wrenches, impact wrenches, drills, hammers, sanders, staplers, nailers, paint sprayers, grinders, saws, shears, cut-off tools, sanding pads, hose reels, cutting disc, grinding wheels, scrapers, nibblers, grease guns; Air-operated power tools, namely, ratchet wrenches, impact wrenches, drills, hammers, sanders, staplers, nailers, paint sprayers, grinders, saws, shears, cut-off tools, sanding pads, hose reels, cutting disc, grinding wheels, scrapers, nibblers, grease guns, sanding pads and cutting and grinding discs for air and electric power operated sanders and grindersClass 008 for Air-operated power tools, namely, ratchet wrenches, impact wrenches, drills, hammers, sanders, staplers, nailers, paint sprayers, grinders, saws, shears, cut-off tools, sanding pads, hose reels, cutting disc, grinding wheels, scrapers, nibblers, grease guns, sanding pads and cutting and grinding discs for air and electric power operated sanders and grinders
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)).

ADDITIONAL STATEMENTS
Please delete the disclaimer currently of record

SIGNATURE(S)
Declaration Signature
If the applicant is seeking registration under Section 1(b) and/or Section 44 of the Trademark Act, the applicant has had 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. 37 C.F.R. Secs. 2.34(a)(2)(i); 2.34 (a)(3)(i); and 2.34(a)(4)(ii); and/or the applicant has had a bona fide intention to exercise legitimate control over the use of the mark in commerce by its members. 37 C.F. R. Sec. 2.44. If the applicant is seeking registration under Section 1(a) of the Trademark Act, the mark was in use in commerce on or in connection with the goods and/or services listed in the application as of the application filing date or as of the date of any submitted allegation of use. 37 C.F.R. Secs. 2.34(a)(1)(i); and/or the applicant has exercised legitimate control over the use of the mark in commerce by its members. 37 C.F.R. Sec. 2.44. The undersigned, being hereby warned that willful false statements and the like so made are punishable by fine or imprisonment, or both, under 18 U.S.C. Section 1001, and that such willful false statements may jeopardize the validity of the application or any resulting registration, declares that he/she is properly authorized to execute this application on behalf of the applicant; he/she believes the applicant to be the owner of the trademark/service mark sought to be registered, or, if the application is being filed under 15 U.S.C. Section 1051(b), he/she believes applicant to be entitled to use such mark in commerce; to the best of his/her knowledge and belief no other person, firm, corporation, or association has the right to use the mark in commerce, either in the identical form thereof or in such near resemblance thereto as to be likely, when used on or in connection with the goods/services of such other person, to cause confusion, or to cause mistake, or to deceive; that if the original application was submitted unsigned, that all statements in the original application and this submission made of the declaration signer's knowledge are true; and all statements in the original application and this submission made on information and belief are believed to be true.

Signature: /Bin Lin/      Date: 06/27/2011
Signatory's Name: Bin Lin
Signatory's Position: Owner

Response Signature
Signature: /Bin Lin/     Date: 06/27/2011
Signatory's Name: Bin Lin
Signatory's Position: Owner

The signatory has confirmed that he/she is not represented by either an authorized attorney or Canadian attorney/agent, and that he/she is either (1) the applicant or (2) a person(s) with legal authority to bind the applicant; and if an authorized U.S. attorney or Canadian attorney/agent previously represented him/her in this matter, either he/she has filed a signed revocation of power of attorney with the USPTO or the USPTO has granted the request of his/her prior representative to withdraw.

        
Serial Number: 85219689
Internet Transmission Date: Tue Jun 28 02:15:29 EDT 2011
TEAS Stamp: USPTO/ROA-XXX.XX.XX.XXX-2011062802152917
7719-85219689-480ef716b6c7f473d345043365
2ab41b3f7-N/A-N/A-20110628013655988293