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. 85638362 SOLARIS(Standard Characters, see http://tess2.gov.uspto.report/ImageAgent/ImageAgentProxy?getImage=85638362) 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 Perimeter shock detection systems, namely, long range wireless active infrared barriers
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: Perimeter shock detection systems, namely, long range wireless active infrared barriers; Wireless infrared perimeter intrusion detection systems composed of photoelectric beams emitting and transmitting devices, sensors for measuring interference with photoelectric beams, solar panels for production of electricity, batteries, radio transmitters and receivers, computer hardware and operating software, sold as a unit with mounting structuresClass 009 for Wireless infrared perimeter intrusion detection systems composed of photoelectric beams emitting and transmitting devices, sensors for measuring interference with photoelectric beams, solar panels for production of electricity, batteries, radio transmitters and receivers, computer hardware and operating software, sold as a unit with mounting structures
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.

ADDITIONAL STATEMENTS
Translation
The wording SOLARIS has no meaning in a foreign language.


Miscellaneous Statement
Attached please find a brochure concerning the Solaris product. In addition, applicant states that applicant generally works with distributors that specialize in the security business that would also sell security related products to end users such as cameras, control panels, access control devises and alarms systems. Further, applicant will also work with integrators. Integrators are companies who are decicated to perimeter security who will design a custom security system to meet the needs of their clients, the end user. The integrator will incorporate applicant's products and install the products for the end user. It will be the distributor and/or integrator that determines the brand of perimeter detection system to use, not the end user. Currently, there are no U.S. distributors. However, based on applicant's current business model, it anticipates between 10-20 distributors in the United States.

Original PDF file:
mis-173200135217-111831099_._Additional_Information_Concerning_Solaris.pdf
Converted PDF file(s) ( 1 page)
Miscellaneous File1

SIGNATURE(S)
Declaration Signature
Original PDF file:
HS_173200135217-163129253_._Signed_Declaration_to_Response_to_Office_Action.pdf
Converted PDF file(s) (1 page)
Signature File1
Signatory's Name: Eric Thord
Signatory's Position: General Manager

Response Signature
Signature: /Steven L. Wiser/     Date: 11/08/2012
Signatory's Name: Steven L. Wiser
Signatory's Position: Attorney Illinois

Signatory's Phone Number: 312-357-0300

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: 85638362
Internet Transmission Date: Thu Nov 08 16:33:05 EST 2012
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.XXX-20121108163305
496006-85638362-49065af0b5ecd9a6ac6ac090
5f928afe6f-N/A-N/A-20121108163129253439