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. 85852471 PROFILE(Standard Characters, see http://tess2.gov.uspto.report/ImageAgent/ImageAgentProxy?getImage=85852471) 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 electrical controls for elevators and structural parts therefor, namely, doors, electronic drives, motors, mechanical power transmission hardware, mechanical linkages, mechanical adapter plates and other similar devices, door hanger tracks, door hanger rollers and accessories, car and landing door panels, car and landing door sills, car door clutches, door entrance frames and fascia, landing door interlocks, couplers and linkages, electric sensors, signal wires, conduit and conduit fittings, limit switches; and parts sold therewith, namely, computer hardware and computer software for use in elevator door control and monitoring
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: electrical controls for elevators and structural parts therefor, namely, doors, electronic drives, motors, mechanical power transmission hardware, mechanical linkages, mechanical adapter plates and other similar devices, door hanger tracks, door hanger rollers and accessories, car and landing door panels, car and landing door sills, car door clutches, door entrance frames and fascia, landing door interlocks, couplers and linkages, electric sensors, signal wires, conduit and conduit fittings, limit switches; electrical controllers for elevators to control the power, movement and functions of elevators; and parts sold therewith, namely, computer hardware and computer software for use in elevator door control and monitoring; and parts sold therewith, namely, computer software for use in elevator monitoring, namely, embedded software in controllers for monitoring elevator functionsClass 009 for electrical controllers for elevators to control the power, movement and functions of elevators; and parts sold therewith, namely, computer software for use in elevator monitoring, namely, embedded software in controllers for monitoring elevator functions
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 007 for Structural parts for elevators, namely, doors, electronic drives, motors, mechanical power transmission hardware, mechanical linkages for operating door mechanisms, linking elevator drive components, mechanical adapter plates and similar devices, namely, door pickup roller mount plates, motor bedplates and motor adaptor plates, door hanger tracks, door hanger rollers, car and landing door panels, car and landing door sills, car door clutches, door entrance frames and fascia, and landing door interlocks
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
Significance of wording, letter(s), or numeral(s)
PROFILE appearing in the mark has no significance nor is it a term of art in the relevant trade or industry or as applied to the goods/services listed in the application, or any geographical significance.


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

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: /Timothy B. McBride/      Date: 12/09/2013
Signatory's Name: Timothy B. McBride
Signatory's Position: Attorney of record, Missouri bar member
Signatory's Phone Number: 314-595-8063


Response Signature
Signature: /Timothy B. McBride/     Date: 12/09/2013
Signatory's Name: Timothy B. McBride
Signatory's Position: Attorney of record, Missouri bar member

Signatory's Phone Number: 314-595-8063

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: 85852471
RAM Accounting Date: 12/09/2013
        
Serial Number: 85852471
Internet Transmission Date: Mon Dec 09 09:44:21 EST 2013
TEAS Stamp: USPTO/ROA-XX.XX.XX.XXX-20131209094421287
695-85852471-500de89d110247c32a3aa1e4c4a
d61a19a7679acdd97409f1c863b5814907715a1-
CC-9434-20131209093953118071