UNITED STATES PATENT AND TRADEMARK OFFICE
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SERIAL NO: 76/255911
APPLICANT: John O. Butler Company
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CORRESPONDENT ADDRESS: CHARLES A. LAFF LAFF, WHITESEL & SARET, LTD. 401 N MICHIGAN AVE STE 1700 CHICAGO IL 60611-4260
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RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3513 ecom115@uspto.gov
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MARK: STEP 1 BRUSH ALONE = 50% CLEAN STEP 2 F ETC.
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CORRESPONDENT’S REFERENCE/DOCKET NO: 200700-2150
CORRESPONDENT EMAIL ADDRESS:
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Please provide in all correspondence:
1. Filing date, serial number, mark and applicant's name. 2. Date of this Office Action. 3. Examining Attorney's name and Law Office number. 4. Your telephone number and e-mail address.
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Serial Number 76/255911 – STEP 1 BRUSH ALONE = 50% CLEAN STEP 2 FLOSS 1+2 = UP TO 70% CLEAN STEP 3 CUSTOM CLEAN 1+2+3=OPTIMAL GUM CARE and Design
This letter responds to the applicant's communication filed on January 16, 2003. The examining attorney has carefully reviewed the applicant’s arguments and amendments in favor of registration. The disclaimer requirement is maintained and continued. It appears that the applicant goods are used for gum care.
Action on this application remains SUSPENDED pending the disposition of Application Serial No. 75/821216. Since applicant's filing date is subsequent to the filing date of the above-identified application, the latter, if and when it registers, may be cited against this application. See 37 C.F.R. §2.83. A copy of information relevant to this pending application was sent previously. The applicant may request that the application be removed from suspension by presenting arguments related to the potential conflict between the relevant applications or other arguments related to the ground for suspension. The applicant's election to present or not to present arguments at this time will not affect the applicant's right to present arguments later.
/Alicia P. Collins/
Trademark Examining Attorney
Law Office 115
(703) 308-9115 ext. 486
(703) 872-9875 (fax)
ecom115@uspto.gov