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. 85853974 EUREKA(Standard Characters, see http://tess2.gov.uspto.report/ImageAgent/ImageAgentProxy?getImage=85853974) 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 Outdoor equipment and lawn and garden products, namely, hedge trimmers, lawn trimmers, chain saws, lawn mowers, lawn vacuums, leaf vacuums, electric or gas powered blowers, and tillers
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: Outdoor equipment and lawn and garden products, namely, hedge trimmers, lawn trimmers, chain saws, lawn mowers, lawn vacuums, leaf vacuums, electric or gas powered blowers, and tillers; Outdoor equipment and lawn and garden products, namely, gas powered and electric hedge trimmers, gas powered and electric lawn trimmers, chain saws, lawn mowers, gas powered and electric lawn vacuums, gas powered and electric leaf vacuums, electric and gas powered blowers, and gas powered and electric tillersClass 007 for Outdoor equipment and lawn and garden products, namely, gas powered and electric hedge trimmers, gas powered and electric lawn trimmers, chain saws, lawn mowers, gas powered and electric lawn vacuums, gas powered and electric leaf vacuums, electric and gas powered blowers, and gas powered and electric tillers
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: /Jessica Hiney/     Date: 09/10/2013
Signatory's Name: Jessica Hiney
Signatory's Position: Attorney For Applicant, NY Bar Member

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: 85853974
Internet Transmission Date: Tue Sep 10 12:04:15 EDT 2013
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XXX-201309101204151
04669-85853974-50088e8120298a45d5902d546
54cb71667cb0b64fa4bff9733741739d932767-N
/A-N/A-20130910120003914773