Response to Office Action

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)

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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. 86906382 AJAX (Stylized and/or with Design, see http://tmng-al.gov.uspto.report/resting2/api/img/86906382/large) has been amended as follows:

MARK
Applicant proposes to amend the mark as follows:
Current: AJAX (Stylized and/or with Design, see http://tmng-al.gov.uspto.report/resting2/api/img/86906382/large)
Proposed: AJAX (Stylized and/or with Design, see mark)
The applicant is not claiming color as a feature of the mark.
The mark consists of a helmeted Greek warrior above the stylized word "AJAX," with a lightning bolt intersecting the word.

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 009 for military educational apparatus and simulators; vehicle drive training simulators; simulators for training military personnel in the use of firearms; simulators for training military personnel in the driving of vehicles; simulators for training operators in weapons systems control; weapon simulators; military training software
Original Filing Basis:
Filing Basis: Section 44(e), Based on Foreign Registration: For all applications: The applicant attaches a copy of [ European Community - CTM registration number 014654727 registered 02/05/2016 with a renewal date of 10/07/2025 and an expiration date of 10/07/2025 ], 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:
Tracked Text Description: military educational apparatus and simulators; military educational apparatus and simulators, namely, vehicle drive training simulators; vehicle drive training simulators; simulators for training military personnel in the use of firearms; simulators for training military personnel in the driving of vehicles; simulators for training operators in weapons systems control; weapon simulators; military training softwareClass 009 for military educational apparatus and simulators, namely, vehicle drive training simulators; simulators for training military personnel in the use of firearms; simulators for training military personnel in the driving of vehicles; simulators for training operators in weapons systems control; weapon simulators; military training software
Filing Basis: Section 44(e), Based on Foreign Registration:For all applications: The applicant attaches a copy of [ European Community - CTM registration number 014654727 registered 02/05/2016 with a renewal date of 10/07/2025 and an expiration date of 10/07/2025 ], and translation thereof, if appropriate, before the application may proceed to registration. 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.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 012 for military vehicles for transport; armoured vehicles; vehicles adapted for military purposes; parts and fittings for military vehicles for transport, armoured vehicles and vehicles adapted for military purposes
Original Filing Basis:
Proposed:
Tracked Text Description: military vehicles for transport; armoured vehicles; armored vehicles; vehicles adapted for military purposes; vehicles in the nature of trucks, sports utility vehicles, and all-terrain vehicles adapted for military purposes; parts and fittings for military vehicles for transport, armoured vehicles and vehicles adapted for military purposes; structural parts for military vehicles for transport, armored vehicles and trucks, sports utility vehicles, and all-terrain vehicles adapted for military purposes; parts and fittings for military vehicles for transport, armored vehicles and trucks, sports utility vehicles, and all-terrain vehicles adapted for military purposes, namely, braking systems, transaxles, sun visors, ball joints, suspension struts, differentials, shock absorbers, wheels, transmissions, drive belts, windshield visors, windshield wipers, windshields, windshield wiper blades; gunner shields as structural parts of the aforesaid vehiclesClass 012 for military vehicles for transport; armored vehicles; vehicles in the nature of trucks, sports utility vehicles, and all-terrain vehicles adapted for military purposes; structural parts for military vehicles for transport, armored vehicles and trucks, sports utility vehicles, and all-terrain vehicles adapted for military purposes; parts and fittings for military vehicles for transport, armored vehicles and trucks, sports utility vehicles, and all-terrain vehicles adapted for military purposes, namely, braking systems, transaxles, sun visors, ball joints, suspension struts, differentials, shock absorbers, wheels, transmissions, drive belts, windshield visors, windshield wipers, windshields, windshield wiper blades; gunner shields as structural parts of the aforesaid vehicles
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 013 for military weapons, namely, self-propelled weapons, motorised weapons, and firearms; ammunition for military weapons
Original Filing Basis:
Proposed:
Tracked Text Description: military weapons, namely, self-propelled weapons, motorised weapons, and firearms; military weapons, namely, self-propelled weapons; motorized weapons in the nature of tanks, self-propelled guns, artillery guns, and machine guns; firearms; ammunition for military weaponsClass 013 for military weapons, namely, self-propelled weapons; motorized weapons in the nature of tanks, self-propelled guns, artillery guns, and machine guns; firearms; ammunition for military weapons
Applicant hereby adds the following class of goods/services to the application:
New: Class 007 for Parts and fittings for military vehicles for transport, armored vehicles and trucks, sports utility vehicles and all-terrain vehicles adapted for military purposes, namely, fuel injector parts, spark plugs, spark plug ignition wires, crankcase breathers, carburetors, cam covers, intake manifolds, thermostats, rocker arms, push rods
Filing Basis: Section 44(e),Based on Foreign Registration: 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 and /or services, and submits a copy of [ European Community - CTM registration number 014654727 registered 02/05/2016 with a renewal date of __________ and an expiration date of 10/07/2025 ], and translation thereof, if appropriate. 15 U.S.C. Section 1126(e), as amended.
Original PDF file:
FRN0-24125235-112706467_._Certificate_of_Registration__CTM_No.014654727__2__1__AJAX.pdf
Converted PDF file(s) ( 5 pages)
Foreign Registration-1
Foreign Registration-2
Foreign Registration-3
Foreign Registration-4
Foreign Registration-5

FEE(S)
Fee(s) in the amount of $275 is being submitted.

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: /Thomas P. Arden/      Date: 09/30/2016
Signatory's Name: Thomas P. Arden
Signatory's Position: Attorney of Record, Illinois state bar member
Signatory's Phone Number: 312-445-9322


Response Signature
Signature: /Thomas P. Arden/     Date: 09/30/2016
Signatory's Name: Thomas P. Arden
Signatory's Position: Attorney of Record, Illinois state bar member

Signatory's Phone Number: 312-445-9322

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.

        
RAM Sale Number: 86906382
RAM Accounting Date: 10/03/2016
        
Serial Number: 86906382
Internet Transmission Date: Fri Sep 30 12:09:33 EDT 2016
TEAS Stamp: USPTO/ROA-XX.X.XXX.XX-201609301209337503
28-86906382-550512ab8d98b123f6949f072590
9d47515b1c16a2afb6fe61a321ee87986b821-DA
-1658-20160930112706467229