Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number.
PTO Form 1957 (Rev 10/2011)
OMB No. 0651-0050 (Exp 07/31/2017)

Response to Office Action


The table below presents the data as entered.

Input Field
Entered
SERIAL NUMBER86869723
LAW OFFICE ASSIGNEDLAW OFFICE 115
MARK SECTION
MARK FILE NAME http://tmng-al.uspto.gov/resting2/api/img/86869723/large
LITERAL ELEMENT SIGMA
STANDARD CHARACTERS NO
USPTO-GENERATED IMAGE NO
GOODS AND/OR SERVICES SECTION (current)
INTERNATIONAL CLASS012
DESCRIPTION
Land vehicles, namely, trucks, busses, automobiles and structural components therefore, namely, motor mounts, transmission mounts, hydraulic engine mounts, hydroelectric engine mounts, suspension strut mounts, suspension strut assemblies, center bearing supports, rubber bushings, torque rods, torque arms, flap hangers, steel brackets, equalizers, shock absorbers, shock absorber bushings, rubber isolators, mounting brackets, u clamps, center bolts, leaf spring bushings, air springs, air cushions, harmonic balancers, engine idling pulleys, suspension strut mount and kits comprising strut mounts, strut bearings, spring seat, spring seat isolators, washers and nuts, land vehicles, namely, automobiles, trucks, trailers, tractors and components thereof, namely, motor mounts, transmission mounts, hydraulic mounts, rubber molded parts, constant velocity joined boots, exhaust rubber hangers, drive shaft supports, spring brakes, and brake chambers
FILING BASISSection 44(e)
        FOREIGN REGISTRATION NUMBER 488855
       FOREIGN REGISTRATION
       COUNTRY
India
       FOREIGN REGISTRATION
       DATE
07/04/1988
       FOREIGN EXPIRATION DATE04/07/2019
       DATE FOREIGN REGISTRATION
       RENEWED
        (if applicable)
04/07/2009
GOODS AND/OR SERVICES SECTION (proposed)
INTERNATIONAL CLASS012
DESCRIPTION
Land vehicles, namely, trucks, busses, automobiles and structural components therefore, namely, motor mounts, transmission mounts, hydraulic engine mounts, hydroelectric engine mounts, suspension strut mounts, suspension strut assemblies, center bearing supports, rubber bushings, torque rods, torque arms, flap hangers, steel brackets, equalizers, shock absorbers, shock absorber bushings, rubber isolators, mounting brackets, u clamps, center bolts, leaf spring bushings, air springs, air cushions, harmonic balancers, engine idling pulleys, suspension strut mount and kits comprising strut mounts, strut bearings, spring seat, spring seat isolators, washers and nuts, land vehicles, namely, automobiles, trucks, trailers, tractors and components thereof, namely, motor mounts, transmission mounts, hydraulic mounts, rubber molded parts, constant velocity joined boots, exhaust rubber hangers, drive shaft supports, spring brakes, and brake chambers
FILING BASISSection 1(a)
       FIRST USE ANYWHERE DATE At least as early as 09/27/1999
       FIRST USE IN COMMERCE DATE At least as early as 09/27/1999
DELETED FILING BASIS44(e).
SIGNATURE SECTION
DECLARATION SIGNATURE /Anne G Sabourin/
SIGNATORY'S NAME Anne G Sabourin
SIGNATORY'S POSITION Attorney of Record Michigan Bar Member
SIGNATORY'S PHONE NUMBER 248-344-4422
DATE SIGNED 06/23/2016
RESPONSE SIGNATURE /Anne G Sabourin/
SIGNATORY'S NAME Anne G Sabourin
SIGNATORY'S POSITION Attorney of Record, Michigan Bar Member
SIGNATORY'S PHONE NUMBER 248-344-4422
DATE SIGNED 06/23/2016
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Thu Jun 23 13:12:17 EDT 2016
TEAS STAMP USPTO/ROA-XX.XX.XXX.XX-20
160623131217853378-868697
23-5509aa38472c68765a8c8f
96748e04f5cb629a414238081
f3811d5dc5afa3db8fbd-N/A-
N/A-20160623130535907324



Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number.
PTO Form 1957 (Rev 10/2011)
OMB No. 0651-0050 (Exp 07/31/2017)

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 86869723 SIGMA (Stylized and/or with Design, see http://tmng-al.uspto.gov/resting2/api/img/86869723/large) 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 012 for Land vehicles, namely, trucks, busses, automobiles and structural components therefore, namely, motor mounts, transmission mounts, hydraulic engine mounts, hydroelectric engine mounts, suspension strut mounts, suspension strut assemblies, center bearing supports, rubber bushings, torque rods, torque arms, flap hangers, steel brackets, equalizers, shock absorbers, shock absorber bushings, rubber isolators, mounting brackets, u clamps, center bolts, leaf spring bushings, air springs, air cushions, harmonic balancers, engine idling pulleys, suspension strut mount and kits comprising strut mounts, strut bearings, spring seat, spring seat isolators, washers and nuts, land vehicles, namely, automobiles, trucks, trailers, tractors and components thereof, namely, motor mounts, transmission mounts, hydraulic mounts, rubber molded parts, constant velocity joined boots, exhaust rubber hangers, drive shaft supports, spring brakes, and brake chambers
Original Filing Basis:
Filing Basis: Section 44(e), Based on Foreign Registration: For all applications: The applicant attaches a copy of [ India registration number 488855 registered 07/04/1988 with a renewal date of 04/07/2009 and an expiration date of 04/07/2019 ], and translation thereof, if appropriate. 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. 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 on or 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 or services that meet the certification standards of the applicant.

Proposed: Class 012 for Land vehicles, namely, trucks, busses, automobiles and structural components therefore, namely, motor mounts, transmission mounts, hydraulic engine mounts, hydroelectric engine mounts, suspension strut mounts, suspension strut assemblies, center bearing supports, rubber bushings, torque rods, torque arms, flap hangers, steel brackets, equalizers, shock absorbers, shock absorber bushings, rubber isolators, mounting brackets, u clamps, center bolts, leaf spring bushings, air springs, air cushions, harmonic balancers, engine idling pulleys, suspension strut mount and kits comprising strut mounts, strut bearings, spring seat, spring seat isolators, washers and nuts, land vehicles, namely, automobiles, trucks, trailers, tractors and components thereof, namely, motor mounts, transmission mounts, hydraulic mounts, rubber molded parts, constant velocity joined boots, exhaust rubber hangers, drive shaft supports, spring brakes, and brake chambers
Deleted Filing Basis: 44(e)
Filing Basis: Section 1(a), Use in Commerce:For all applications: The mark is in use in commerce and was in use in commerce as of the application filing date. The provided specimen shows the mark in use in commerce (see specimen statement below). For a collective trademark, collective service mark, collective membership mark, or certification mark application: The applicant is exercising legitimate control over the use of the mark in commerce and was exercising legitimate control over the use of the mark in commerce as of the application filing date. For a certification mark application: The applicant is not engaged 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. The mark was first used at least as early as 09/27/1999 and first used in commerce at least as early as 09/27/1999 , and is now in use in such commerce.
SIGNATURE(S)
Declaration Signature

DECLARATION: The signatory being warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. § 1001, and that such willful false statements and the like may jeopardize the validity of the application or submission or any registration resulting therefrom, declares that, if the applicant submitted the application or allegation of use (AOU) unsigned, all statements in the application or AOU and this submission based on the signatory's own knowledge are true, and all statements in the application or AOU and this submission made on information and belief are believed to be true.

STATEMENTS FOR UNSIGNED SECTION 1(a) APPLICATION/AOU: If the applicant filed an unsigned application under 15 U.S.C. §1051(a) or AOU under 15 U.S.C. §1051(c), the signatory additionally believes that: the applicant is the owner of the mark sought to be registered; the mark is in use in commerce and was in use in commerce as of the filing date of the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; the original specimen(s), if applicable, shows the mark in use in commerce as of the filing date of the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; for a collective trademark, collective service mark, collective membership mark application, or certification mark application, the applicant is exercising legitimate control over the use of the mark in commerce and was exercising legitimate control over the use of the mark in commerce as of the filing date of the application or AOU; for a certification mark application, the applicant is not engaged 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. To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services/collective membership organization of such other persons, to cause confusion or mistake, or to deceive.

STATEMENTS FOR UNSIGNED SECTION 1(b)/SECTION 44 APPLICATION AND FOR SECTION 66(a) COLLECTIVE/CERTIFICATION MARK APPLICATION: If the applicant filed an unsigned application under 15 U.S.C. §§ 1051(b), 1126(d), and/or 1126(e), or filed a collective/certification mark application under 15 U.S.C. §1141f(a), the signatory additionally believes that: for a trademark or service mark application, the applicant is entitled to use the mark in commerce on or in connection with the goods/services specified in the application; the applicant has a bona fide intention to use the mark in commerce and had a bona fide intention to use the mark in commerce as of the application filing date; for a collective trademark, collective service mark, collective membership mark, or certification mark application, the applicant has a bona fide intention, and is entitled, to exercise legitimate control over the use of the mark in commerce and had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce as of the application filing date; the signatory is properly authorized to execute the declaration on behalf of the applicant; for a certification mark application, 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. To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services/collective membership organization of such other persons, to cause confusion or mistake, or to deceive.



Signature: /Anne G Sabourin/      Date: 06/23/2016
Signatory's Name: Anne G Sabourin
Signatory's Position: Attorney of Record Michigan Bar Member
Signatory's Phone Number: 248-344-4422


Response Signature
Signature: /Anne G Sabourin/     Date: 06/23/2016
Signatory's Name: Anne G Sabourin
Signatory's Position: Attorney of Record, Michigan Bar Member

Signatory's Phone Number: 248-344-4422

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 owner's/holder'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 owner/holder in this matter: (1) the owner/holder 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 owner/holder has filed a power of attorney appointing him/her in this matter; or (4) the owner's/holder'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: 86869723
Internet Transmission Date: Thu Jun 23 13:12:17 EDT 2016
TEAS Stamp: USPTO/ROA-XX.XX.XXX.XX-20160623131217853
378-86869723-5509aa38472c68765a8c8f96748
e04f5cb629a414238081f3811d5dc5afa3db8fbd
-N/A-N/A-20160623130535907324