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://uspto.report/TM/85852471/mark.png) 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 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
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: 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; Structural parts for elevators, namely, doors, electronic drives for elevator motors, motors, mechanical power transmission hardware, namely, pulleys, belts and steel cables, mechanical linkages for operating door mechanisms and linking elevator motor 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 interlocksClass 007 for Structural parts for elevators, namely, doors, electronic drives for elevator motors, motors, mechanical power transmission hardware, namely, pulleys, belts and steel cables, mechanical linkages for operating door mechanisms and linking elevator motor 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.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 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
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 controllers for elevators to control the power, movement and functions of elevators; Electrical integrated control systems for elevators to control the power, movement and functions of elevators and component parts sold therewith, namely, computer software for use in elevator monitoring, namely, embedded software in control systems for monitoring elevator functions.; and parts sold therewith, namely, computer software for use in elevator monitoring, namely, embedded software in controllers for monitoring elevator functionsClass 009 for Electrical integrated control systems for elevators to control the power, movement and functions of elevators and component parts sold therewith, namely, computer software for use in elevator monitoring, namely, embedded software in control systems 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.

SIGNATURE(S)
Response Signature
Signature: /Timothy B. McBride/     Date: 05/29/2014
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.

        
Serial Number: 85852471
Internet Transmission Date: Thu May 29 16:16:04 EDT 2014
TEAS Stamp: USPTO/ROA-XX.XX.XX.XXX-20140529161604911
988-85852471-5009d464c3b8ed8c97150627abb
79a7e3183ebcb6a9bd3efc2f7d845659c431b70-
N/A-N/A-20140529161331549733