Response to Office Action

HONEYWELL

Honeywell International Inc.

Response to Office Action

PTO Form 1957 (Rev 9/2005)
OMB No. 0651-0050 (Exp. 07/31/2017)

Response to Office Action


The table below presents the data as entered.

Input Field
Entered
SERIAL NUMBER 85439855
LAW OFFICE ASSIGNED LAW OFFICE 116
MARK SECTION
MARK http://tess2.gov.uspto.report/ImageAgent/ImageAgentProxy?getImage=85439855
LITERAL ELEMENT HONEYWELL
STANDARD CHARACTERS YES
USPTO-GENERATED IMAGE YES
MARK STATEMENT The mark consists of standard characters, without claim to any particular font style, size or color.
GOODS AND/OR SERVICES SECTION (current)
INTERNATIONAL CLASS 009
DESCRIPTION
Burglar and security alarms; fire, smoke and gas alarms; fire, smoke, gas, intrusion and motion detectors; switches, relays, magnetic contacts; glass break detectors; sensors, switches, scanners, generators, transmitters, receivers and processors of electrical signals; electric transmission line security and fault monitors; battery chargers; control panels, booster panels, and electrical controls for detectors and alarms; controllers; remote controls; remote transmitters and receivers; automatic lighting, appliance, and environmental controls; video surveillance equipment and parts thereof; namely cameras, digital cameras, network cameras and web cameras, combination video recorders and video players, network video products namely network video servers, network video recorders, network video decoders, network video encoders; IP-cameras, namely cameras capable of transmitting data and video via Internet Protocols; audio recorders, video recorders, video monitors, video management systems, video switching systems, keyboards; camera positioning units, namely pan and tilt devices for cameras to allow for positioning by a remote operator; camera enclosures, housings, assemblies, and mounts; camera lenses, namely auto iris lenses, optical zoom lenses, digital zoom lenses; camera displays; audio players; electronic visitor management system comprising computer hardware, scanner, camera, printer and software which creates identification badges, records entry and exit of visitors, employees and packages, specifies whether visitors require escort, records who picks up packages, and identifies who is allowed access to a building; access control security systems comprising computer hardware and software for use in controlling access to facilities and areas by control of gates, doors and windows; keypads; radio frequency proximity readers for electronic access control systems; weigand readers; biometric readers; radio frequency tags; electronic door openers; electronic card readers; swipe readers; computer software for use in video surveillance or close circuit television systems namely cameras and sensors which capture, receive, store, manage and/or distribute data for the purpose of analysis, reporting and retrieval; computer software for use in sending alarm notification to on-site and remote management facilities; computer software for the control of alarms and security, fire, and gas detection systems; computer management software for use in security and surveillance systems; computer hardware, communications hardware and computer software, for management, automation and monitoring of electronic sensors of physical activity, physical premises security systems, video cameras, environmental sensors, HVAC systems, home entertainment devices and home electronic devices; electronic visitor management software which creates identification badges, records entry and exit of visitors, employees and packages, specifies whether visitors require escort, records who picks up packages, identifies who is allowed access to a building; audio amplifiers, receivers, tuners, equalizers, audio compressors, audio mixing consoles; speakers; volume controls; public address annunciators; attenuators; bells, gongs, warning lights and sirens; sound beacons and lights for use as a directional guide along stairways and escape routes in fire and emergency situations
FILING BASIS Section 1(a)
        FIRST USE ANYWHERE DATE At least as early as 12/31/1957
        FIRST USE IN COMMERCE DATE At least as early as 12/31/1957
GOODS AND/OR SERVICES SECTION (proposed)
INTERNATIONAL CLASS 009
TRACKED TEXT DESCRIPTION
Burglar and security alarms; fire, smoke and gas alarms; fire, smoke and gas detecting alarms; fire, smoke, gas, intrusion and motion detectors; fire, smoke, and gas detectors; switches, relays, magnetic contacts; intrusion detectors namely, gate, door and window position sensors, gate, door and window contact sensors, motion sensors, door and window glassbreak sensors, and panic buttons; glass break detectors; electronic apparatus namely, motion detectors; sensors, switches, scanners, generators, transmitters, receivers and processors of electrical signals; electric switches, electric relays, magnetic contacts; glass break detectors in the nature of electric sensors; electric and electronic, wired and wireless sensors, switches, scanners, transmitters for the processing of electrical and digital signals and data to audio and video receivers for use in monitoring and controlling security system equipment, access controls, and environmental conditions; control panels, booster panels, and electrical controls for detectors and alarms; electric transmission line security and fault monitors; battery chargers; remote controls; fire, smoke, burglar, intrusion, access control, and gas detection system control panels; remote transmitters and receivers; controllers; automatic lighting, appliance, and environmental controls; electrical controls and remote controls for the management of fire, smoke, burglar, intrusion, access control and gas detection systems, building environmental control management, lighting, appliance, and home entertainment equipment; video surveillance equipment and parts thereof; remote control transmitters for radio-controlled devices and radio receivers for remote controls; namely cameras, digital cameras, network cameras and web cameras, combination video recorders and video players, network video products namely network video servers, network video recorders, network video decoders, network video encoders; video surveillance equipment namely, cameras, digital cameras, network cameras and web cameras, combination video recorders and video players, and network video products in the nature of network video computer servers, network video recorders, network video decoders, network video encoders; IP-cameras, namely cameras capable of transmitting data and video via Internet Protocols; audio recorders, video recorders, video monitors, video management systems, video switching systems, keyboards; audio recorders, video recorders, video monitors, video management systems comprised of IP ? cameras, integrated pan-tilt-zoom cameras, camera positioning units especially adapted for fitting cameras in the nature of pan and tilt devices for cameras to allow for positioning by a remote operator, remote video controllers, video recorders, keyboards, electronic switchers for video signals, receivers, and video transmission devices sold as part of a system for operating closed circuit cameras; camera positioning units, namely pan and tilt devices for cameras to allow for positioning by a remote operator; component parts of cameras, namely, camera enclosures, housings, assemblies, and mounts; camera enclosures, housings, assemblies, and mounts; camera lenses, namely auto iris lenses, optical zoom lenses, digital zoom lenses; camera displays being video screens; camera displays; digital audio players; audio players; electronic visitor management system comprising computer hardware, scanner, camera, printer and software which creates identification badges, records entry and exit of visitors, employees and packages, specifies whether visitors require escort, records who picks up packages, and identifies who is allowed access to a building; access control security systems comprising computer hardware and software for use in controlling access to facilities and areas by control of gates, doors and windows; computer keypads; keypads; radio frequency proximity readers being readers radio frequency identification credentials for electronic access control systems; radio frequency proximity readers for electronic access control systems; biometric identification apparatus; weigand readers; radio frequency identification tags; biometric readers; electronic door openers; radio frequency tags; electronic card readers, magnetic encoded card readers, and smart card readers; computer software for use in video surveillance or close circuit television systems namely cameras and sensors which capture, receive, store, manage and distribute data for the purpose of analysis, reporting and retrieval; electronic card readers; computer software for use in sending alarm notification to on-site and remote management facilities; swipe readers; computer software for the control of alarms and security, fire, and gas detection systems; computer software for use in video surveillance or close circuit television systems namely cameras and sensors which capture, receive, store, manage and/or distribute data for the purpose of analysis, reporting and retrieval; computer management software for use in security and surveillance systems; computer hardware, communications hardware and computer software, for management, automation and monitoring of electronic sensors of physical activity, physical premises security systems, video cameras, environmental sensors, HVAC systems, home entertainment devices and home electronic devices; electronic visitor management software which creates identification badges, records entry and exit of visitors, employees and packages, specifies whether visitors require escort, records who picks up packages, identifies who is allowed access to a building; audio amplifiers, receivers, tuners, equalizers, audio compressors, audio mixing consoles; audio speakers; electrical volume controls; attenuators; speakers; warning devices, namely, bells, gongs, electric warning lights, sirens and voice sirens; volume controls; emergency position-indicating sound radio beacons and safety beacon lights for use as a directional guide along stairways and escape routes in fire and emergency situations; public address annunciators; bells, gongs, warning lights and sirens; sound beacons and lights for use as a directional guide along stairways and escape routes in fire and emergency situations
FINAL DESCRIPTION
Burglar and security alarms; fire, smoke and gas detecting alarms; fire, smoke, and gas detectors; intrusion detectors namely, gate, door and window position sensors, gate, door and window contact sensors, motion sensors, door and window glassbreak sensors, and panic buttons; electronic apparatus namely, motion detectors; electric switches, electric relays, magnetic contacts; glass break detectors in the nature of electric sensors; electric and electronic, wired and wireless sensors, switches, scanners, transmitters for the processing of electrical and digital signals and data to audio and video receivers for use in monitoring and controlling security system equipment, access controls, and environmental conditions; electric transmission line security and fault monitors; battery chargers; fire, smoke, burglar, intrusion, access control, and gas detection system control panels; controllers; electrical controls and remote controls for the management of fire, smoke, burglar, intrusion, access control and gas detection systems, building environmental control management, lighting, appliance, and home entertainment equipment; remote control transmitters for radio-controlled devices and radio receivers for remote controls; video surveillance equipment namely, cameras, digital cameras, network cameras and web cameras, combination video recorders and video players, and network video products in the nature of network video computer servers, network video recorders, network video decoders, network video encoders; IP-cameras, namely cameras capable of transmitting data and video via Internet Protocols; audio recorders, video recorders, video monitors, video management systems comprised of IP ? cameras, integrated pan-tilt-zoom cameras, camera positioning units especially adapted for fitting cameras in the nature of pan and tilt devices for cameras to allow for positioning by a remote operator, remote video controllers, video recorders, keyboards, electronic switchers for video signals, receivers, and video transmission devices sold as part of a system for operating closed circuit cameras; component parts of cameras, namely, camera enclosures, housings, assemblies, and mounts; camera lenses, namely auto iris lenses, optical zoom lenses, digital zoom lenses; camera displays being video screens; digital audio players; electronic visitor management system comprising computer hardware, scanner, camera, printer and software which creates identification badges, records entry and exit of visitors, employees and packages, specifies whether visitors require escort, records who picks up packages, and identifies who is allowed access to a building; access control security systems comprising computer hardware and software for use in controlling access to facilities and areas by control of gates, doors and windows; computer keypads; radio frequency proximity readers being readers radio frequency identification credentials for electronic access control systems; biometric identification apparatus; radio frequency identification tags; electronic door openers; electronic card readers, magnetic encoded card readers, and smart card readers; computer software for use in video surveillance or close circuit television systems namely cameras and sensors which capture, receive, store, manage and distribute data for the purpose of analysis, reporting and retrieval; computer software for use in sending alarm notification to on-site and remote management facilities; computer software for the control of alarms and security, fire, and gas detection systems; computer management software for use in security and surveillance systems; computer hardware, communications hardware and computer software, for management, automation and monitoring of electronic sensors of physical activity, physical premises security systems, video cameras, environmental sensors, HVAC systems, home entertainment devices and home electronic devices; electronic visitor management software which creates identification badges, records entry and exit of visitors, employees and packages, specifies whether visitors require escort, records who picks up packages, identifies who is allowed access to a building; audio amplifiers, receivers, tuners, equalizers, audio compressors, audio mixing consoles; audio speakers; electrical volume controls; attenuators; warning devices, namely, bells, gongs, electric warning lights, sirens and voice sirens; emergency position-indicating sound radio beacons and safety beacon lights for use as a directional guide along stairways and escape routes in fire and emergency situations
FILING BASIS Section 1(a)
       FIRST USE ANYWHERE DATE At least as early as 12/31/1957
       FIRST USE IN COMMERCE DATE At least as early as 12/31/1957
ADDITIONAL STATEMENTS SECTION
ACTIVE PRIOR REGISTRATION(S) The applicant claims ownership of U.S. Registration Number(s) 0520350, 1410235, and 3256975.
SIGNATURE SECTION
DECLARATION SIGNATURE /david a cohen/
SIGNATORY'S NAME David A. Cohen
SIGNATORY'S POSITION Chief Trademark Counsel
SIGNATORY'S PHONE NUMBER (973) 455-5686
DATE SIGNED 06/18/2012
RESPONSE SIGNATURE /david a cohen/
SIGNATORY'S NAME David A. Cohen
SIGNATORY'S POSITION Chief Trademark Counsel
SIGNATORY'S PHONE NUMBER (973) 455-5686
DATE SIGNED 06/18/2012
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Mon Jun 18 11:31:43 EDT 2012
TEAS STAMP USPTO/ROA-XXX.XX.XX.XXX-2
0120618113143602339-85439
855-4908cdcf8b0b76ea970df
39822147e38c-N/A-N/A-2012
0618105059333101



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. 85439855 HONEYWELL(Standard Characters, see http://tess2.gov.uspto.report/ImageAgent/ImageAgentProxy?getImage=85439855) 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 009 for Burglar and security alarms; fire, smoke and gas alarms; fire, smoke, gas, intrusion and motion detectors; switches, relays, magnetic contacts; glass break detectors; sensors, switches, scanners, generators, transmitters, receivers and processors of electrical signals; electric transmission line security and fault monitors; battery chargers; control panels, booster panels, and electrical controls for detectors and alarms; controllers; remote controls; remote transmitters and receivers; automatic lighting, appliance, and environmental controls; video surveillance equipment and parts thereof; namely cameras, digital cameras, network cameras and web cameras, combination video recorders and video players, network video products namely network video servers, network video recorders, network video decoders, network video encoders; IP-cameras, namely cameras capable of transmitting data and video via Internet Protocols; audio recorders, video recorders, video monitors, video management systems, video switching systems, keyboards; camera positioning units, namely pan and tilt devices for cameras to allow for positioning by a remote operator; camera enclosures, housings, assemblies, and mounts; camera lenses, namely auto iris lenses, optical zoom lenses, digital zoom lenses; camera displays; audio players; electronic visitor management system comprising computer hardware, scanner, camera, printer and software which creates identification badges, records entry and exit of visitors, employees and packages, specifies whether visitors require escort, records who picks up packages, and identifies who is allowed access to a building; access control security systems comprising computer hardware and software for use in controlling access to facilities and areas by control of gates, doors and windows; keypads; radio frequency proximity readers for electronic access control systems; weigand readers; biometric readers; radio frequency tags; electronic door openers; electronic card readers; swipe readers; computer software for use in video surveillance or close circuit television systems namely cameras and sensors which capture, receive, store, manage and/or distribute data for the purpose of analysis, reporting and retrieval; computer software for use in sending alarm notification to on-site and remote management facilities; computer software for the control of alarms and security, fire, and gas detection systems; computer management software for use in security and surveillance systems; computer hardware, communications hardware and computer software, for management, automation and monitoring of electronic sensors of physical activity, physical premises security systems, video cameras, environmental sensors, HVAC systems, home entertainment devices and home electronic devices; electronic visitor management software which creates identification badges, records entry and exit of visitors, employees and packages, specifies whether visitors require escort, records who picks up packages, identifies who is allowed access to a building; audio amplifiers, receivers, tuners, equalizers, audio compressors, audio mixing consoles; speakers; volume controls; public address annunciators; attenuators; bells, gongs, warning lights and sirens; sound beacons and lights for use as a directional guide along stairways and escape routes in fire and emergency situations
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 12/31/1957 and first used in commerce at least as early as 12/31/1957 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Burglar and security alarms; fire, smoke and gas alarms; fire, smoke and gas detecting alarms; fire, smoke, gas, intrusion and motion detectors; fire, smoke, and gas detectors; switches, relays, magnetic contacts; intrusion detectors namely, gate, door and window position sensors, gate, door and window contact sensors, motion sensors, door and window glassbreak sensors, and panic buttons; glass break detectors; electronic apparatus namely, motion detectors; sensors, switches, scanners, generators, transmitters, receivers and processors of electrical signals; electric switches, electric relays, magnetic contacts; glass break detectors in the nature of electric sensors; electric and electronic, wired and wireless sensors, switches, scanners, transmitters for the processing of electrical and digital signals and data to audio and video receivers for use in monitoring and controlling security system equipment, access controls, and environmental conditions; control panels, booster panels, and electrical controls for detectors and alarms; electric transmission line security and fault monitors; battery chargers; remote controls; fire, smoke, burglar, intrusion, access control, and gas detection system control panels; remote transmitters and receivers; controllers; automatic lighting, appliance, and environmental controls; electrical controls and remote controls for the management of fire, smoke, burglar, intrusion, access control and gas detection systems, building environmental control management, lighting, appliance, and home entertainment equipment; video surveillance equipment and parts thereof; remote control transmitters for radio-controlled devices and radio receivers for remote controls; namely cameras, digital cameras, network cameras and web cameras, combination video recorders and video players, network video products namely network video servers, network video recorders, network video decoders, network video encoders; video surveillance equipment namely, cameras, digital cameras, network cameras and web cameras, combination video recorders and video players, and network video products in the nature of network video computer servers, network video recorders, network video decoders, network video encoders; IP-cameras, namely cameras capable of transmitting data and video via Internet Protocols; audio recorders, video recorders, video monitors, video management systems, video switching systems, keyboards; audio recorders, video recorders, video monitors, video management systems comprised of IP ? cameras, integrated pan-tilt-zoom cameras, camera positioning units especially adapted for fitting cameras in the nature of pan and tilt devices for cameras to allow for positioning by a remote operator, remote video controllers, video recorders, keyboards, electronic switchers for video signals, receivers, and video transmission devices sold as part of a system for operating closed circuit cameras; camera positioning units, namely pan and tilt devices for cameras to allow for positioning by a remote operator; component parts of cameras, namely, camera enclosures, housings, assemblies, and mounts; camera enclosures, housings, assemblies, and mounts; camera lenses, namely auto iris lenses, optical zoom lenses, digital zoom lenses; camera displays being video screens; camera displays; digital audio players; audio players; electronic visitor management system comprising computer hardware, scanner, camera, printer and software which creates identification badges, records entry and exit of visitors, employees and packages, specifies whether visitors require escort, records who picks up packages, and identifies who is allowed access to a building; access control security systems comprising computer hardware and software for use in controlling access to facilities and areas by control of gates, doors and windows; computer keypads; keypads; radio frequency proximity readers being readers radio frequency identification credentials for electronic access control systems; radio frequency proximity readers for electronic access control systems; biometric identification apparatus; weigand readers; radio frequency identification tags; biometric readers; electronic door openers; radio frequency tags; electronic card readers, magnetic encoded card readers, and smart card readers; computer software for use in video surveillance or close circuit television systems namely cameras and sensors which capture, receive, store, manage and distribute data for the purpose of analysis, reporting and retrieval; electronic card readers; computer software for use in sending alarm notification to on-site and remote management facilities; swipe readers; computer software for the control of alarms and security, fire, and gas detection systems; computer software for use in video surveillance or close circuit television systems namely cameras and sensors which capture, receive, store, manage and/or distribute data for the purpose of analysis, reporting and retrieval; computer management software for use in security and surveillance systems; computer hardware, communications hardware and computer software, for management, automation and monitoring of electronic sensors of physical activity, physical premises security systems, video cameras, environmental sensors, HVAC systems, home entertainment devices and home electronic devices; electronic visitor management software which creates identification badges, records entry and exit of visitors, employees and packages, specifies whether visitors require escort, records who picks up packages, identifies who is allowed access to a building; audio amplifiers, receivers, tuners, equalizers, audio compressors, audio mixing consoles; audio speakers; electrical volume controls; attenuators; speakers; warning devices, namely, bells, gongs, electric warning lights, sirens and voice sirens; volume controls; emergency position-indicating sound radio beacons and safety beacon lights for use as a directional guide along stairways and escape routes in fire and emergency situations; public address annunciators; bells, gongs, warning lights and sirens; sound beacons and lights for use as a directional guide along stairways and escape routes in fire and emergency situationsClass 009 for Burglar and security alarms; fire, smoke and gas detecting alarms; fire, smoke, and gas detectors; intrusion detectors namely, gate, door and window position sensors, gate, door and window contact sensors, motion sensors, door and window glassbreak sensors, and panic buttons; electronic apparatus namely, motion detectors; electric switches, electric relays, magnetic contacts; glass break detectors in the nature of electric sensors; electric and electronic, wired and wireless sensors, switches, scanners, transmitters for the processing of electrical and digital signals and data to audio and video receivers for use in monitoring and controlling security system equipment, access controls, and environmental conditions; electric transmission line security and fault monitors; battery chargers; fire, smoke, burglar, intrusion, access control, and gas detection system control panels; controllers; electrical controls and remote controls for the management of fire, smoke, burglar, intrusion, access control and gas detection systems, building environmental control management, lighting, appliance, and home entertainment equipment; remote control transmitters for radio-controlled devices and radio receivers for remote controls; video surveillance equipment namely, cameras, digital cameras, network cameras and web cameras, combination video recorders and video players, and network video products in the nature of network video computer servers, network video recorders, network video decoders, network video encoders; IP-cameras, namely cameras capable of transmitting data and video via Internet Protocols; audio recorders, video recorders, video monitors, video management systems comprised of IP ? cameras, integrated pan-tilt-zoom cameras, camera positioning units especially adapted for fitting cameras in the nature of pan and tilt devices for cameras to allow for positioning by a remote operator, remote video controllers, video recorders, keyboards, electronic switchers for video signals, receivers, and video transmission devices sold as part of a system for operating closed circuit cameras; component parts of cameras, namely, camera enclosures, housings, assemblies, and mounts; camera lenses, namely auto iris lenses, optical zoom lenses, digital zoom lenses; camera displays being video screens; digital audio players; electronic visitor management system comprising computer hardware, scanner, camera, printer and software which creates identification badges, records entry and exit of visitors, employees and packages, specifies whether visitors require escort, records who picks up packages, and identifies who is allowed access to a building; access control security systems comprising computer hardware and software for use in controlling access to facilities and areas by control of gates, doors and windows; computer keypads; radio frequency proximity readers being readers radio frequency identification credentials for electronic access control systems; biometric identification apparatus; radio frequency identification tags; electronic door openers; electronic card readers, magnetic encoded card readers, and smart card readers; computer software for use in video surveillance or close circuit television systems namely cameras and sensors which capture, receive, store, manage and distribute data for the purpose of analysis, reporting and retrieval; computer software for use in sending alarm notification to on-site and remote management facilities; computer software for the control of alarms and security, fire, and gas detection systems; computer management software for use in security and surveillance systems; computer hardware, communications hardware and computer software, for management, automation and monitoring of electronic sensors of physical activity, physical premises security systems, video cameras, environmental sensors, HVAC systems, home entertainment devices and home electronic devices; electronic visitor management software which creates identification badges, records entry and exit of visitors, employees and packages, specifies whether visitors require escort, records who picks up packages, identifies who is allowed access to a building; audio amplifiers, receivers, tuners, equalizers, audio compressors, audio mixing consoles; audio speakers; electrical volume controls; attenuators; warning devices, namely, bells, gongs, electric warning lights, sirens and voice sirens; emergency position-indicating sound radio beacons and safety beacon lights for use as a directional guide along stairways and escape routes in fire and emergency situations
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 12/31/1957 and first used in commerce at least as early as 12/31/1957 , and is now in use in such commerce.
Applicant hereby submits one(or more) specimen(s) for Class 009 .

ADDITIONAL STATEMENTS
Claim of Active Prior Registration(s)
The applicant claims ownership of U.S. Registration Number(s) 0520350, 1410235, and 3256975.


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: /david a cohen/      Date: 06/18/2012
Signatory's Name: David A. Cohen
Signatory's Position: Chief Trademark Counsel
Signatory's Phone Number: (973) 455-5686


Response Signature
Signature: /david a cohen/     Date: 06/18/2012
Signatory's Name: David A. Cohen
Signatory's Position: Chief Trademark Counsel

Signatory's Phone Number: (973) 455-5686

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: 85439855
Internet Transmission Date: Mon Jun 18 11:31:43 EDT 2012
TEAS Stamp: USPTO/ROA-XXX.XX.XX.XXX-2012061811314360
2339-85439855-4908cdcf8b0b76ea970df39822
147e38c-N/A-N/A-20120618105059333101



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