Response to Office Action

PTO Form 1957 (Rev 9/2005)

OMB No. 0651-0050 (Exp. 07/31/2017)

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PTO Form 1957 (Rev 9/2005)

OMB No. 0651-0050 (Exp. 07/31/2017)

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 85389839 LLI(Standard Characters, see http://tess2.gov.uspto.report/ImageAgent/ImageAgentProxy?getImage=85389839) has been amended as follows:

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

This is intended as a full and complete response to the Office Action dated December 1, 2011. In the Office Action, the Examining Attorney refused registration of the present application, rejecting the identification of goods as indefinite, requiring clarification.

Arguments

Applicant thanks the Examining Attorney for the courtesies extended during the November 30, 2011 telephone conversation. Applicant respectfully requests that the present application be registered and the current refusal be removed as Applicant has amended the identification of goods, clarifying those that are covered by the trademark.

 

Identification of the Goods

Applicant has amended the identification of the goods to the following:

"LED lamps; LED packages including one or more of the following: LED modules, LED driver and power supplies and wiring; LED light fixtures" in class 11.

"LED PCB assemblies, namely LED circuit boards" in Class 9.

 

Conclusion

Applicant notes that it has concurrently submitted a Replacement of Attorney or Record with Another Already-Appointed Attorney form through the USPTO website.

To the extent the Examining Attorney has any questions or comments regarding this application, the Examining Attorney is encouraged to contact the undersigned directly.

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 011 for LED lamps, PCB assemblies, LED packages, LED drivers and power supplies, LED light fixtures
Original Filing Basis:
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant.

Proposed:
Tracked Text Description: LED lamps, PCB assemblies, LED packages, LED drivers and power supplies, LED light fixtures; LED lamps; LED packages including one or more of the following: LED modules, LED driver and power supplies and wiring; LED light fixturesClass 011 for LED lamps; LED packages including one or more of the following: LED modules, LED driver and power supplies and wiring; LED light fixtures
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant.

Applicant hereby adds the following class of goods/services to the application:
New: Class 009 for LED PCB assemblies, namely LED circuit boards
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant.

CORRESPONDENCE ADDRESS CHANGE
Applicant proposes to amend the following:
Current:
MICHEAL D. LAKE
FACTOR & LAKE, LTD.
1327 W WASHINGTON BLVD APT 5G-H
CHICAGO
Illinois (IL)
US
60607-1912

Proposed:
MICHEAL D. LAKE of Factor Intellectual Property Law Group,, having an address of
1327 W WASHINGTON BLVD APT 5G-H CHICAGO, Illinois 60607-1912
United States
jmiller@factoriplg.com
3122261818
3122261919
The docket/reference number is LYN-111096 .



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: /J. Christopher Schroeder/     Date: 06/01/2012
Signatory's Name: J. Christopher Schroeder
Signatory's Position: Attorney of record, Illinois bar member

Signatory's Phone Number: 3122261818

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:    MICHEAL D. LAKE
   Factor Intellectual Property Law Group,
   1327 W WASHINGTON BLVD APT 5G-H
   CHICAGO, Illinois 60607-1912
        
RAM Sale Number: 908
RAM Accounting Date: 06/04/2012
        
Serial Number: 85389839
Internet Transmission Date: Fri Jun 01 14:35:41 EDT 2012
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XXX-201206011435410
34361-85389839-4903210e3356deb4798501c81
e0547b8176-CC-908-20120601142917856362