The response below, originally filed by email on October 31, 2003, is
being re-submitted today in response to an email auto-reply stating that
the JPEG specimen attached to the original email was not in JPEG format.
Despite the fact that the specimen was in fact in JPEG format, we are
re-submitting this response without the specimen attachment. (The
specimen in the attachment is already in the Trademark Office file for
this application because it is a duplicate of the specimen submitted
with the application.)
/Reid M. Wilson/
Reid M. Wilson
November 4, 2003
> -----Original Message-----
> From: Wilson, Reid M.
> Sent: Friday, October 31, 2003 4:53 PM
> To: 'ecom115@uspto.gov'
> Cc: 'janice.mcmorrow@uspto.gov'
> Subject: Ser. No. 76/385,410 (IT TAKES TWO)
>
> IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
>
>
> In re Application of : Janice L.
> McMorrow
> OMS INVESTMENTS, INC. : Trademark Examining
> Attorney
> Serial No. 76/385,410 : Law Office
> 115
> Mark: IT TAKES TWO :
>
>
> RESPONSE
>
>
> Madam:
> This is in response to the Office Action dated October 22, 2003.
>
> I. Specimen
> The Examining Attorney has questioned whether Applicant's
> specimen of use shows use of the above-referenced mark in connection
> with "hand operated applicators for herbicides, insecticides and
> pesticides."
> As discussed with the Examining Attorney by telephone earlier
> today, Applicant's specimen depicts a point-of-purchase display in the
> form of a large banner hung over numerous shelves of Applicant's
> goods, which include two different sprayers sold empty. The first
> sprayer is the "YARD PLUS" sprayer, which is on the upper shelves in
> the center of the display. The second sprayer is the "DIAL 'N SPRAY"
> sprayer, which is on the middle shelf running horizontally across the
> entire display (see attached copy of specimen with arrows pointing to
> the sprayers).
> Applicant's mark, IT TAKES TWO, is used in connection with both
> of the above-referenced sprayers sold empty. In support of this
> mark-goods connection, Applicant points out the following: 1) the
> banner containing the mark is positioned above the entire display,
> indicating the source for all of the goods in the display; and 2) the
> two types of sprayers in the display are intended to be used by
> consumers to apply the herbicides in the display.
> II. Conclusion
> Applicant believes it has responded to the Examining
> Attorney's Office Action and respectfully requests that this
> application be approved for registration. Please do not hesitate to
> call the undersigned or Reid M. Wilson at (202) 467-8825 if it would
> help expedite the prosecution of this application.
>
> OMS INVESTMENTS, INC.
>
>
>
>
> By ____/Cory M.
> Amron/______
> Cory M. Amron
> Vorys, Sater, Seymour &
> Pease LLP
> 1828 L Street, N.W.
> Washington, DC 20036
> (202) 467-8810
>
> Date: October 31, 2003 Attorney for Applicant
>
>
>
>
> CERTIFICATE OF TRANSMISSION UNDER 37 C.F.R. SECTION 1.8
> I hereby certify that this correspondence is being transmitted by
> electronic mail to the United States Patent and Trademark Office on
> the date shown below.
>
> Cory M. Amron
> /Cory M. Amron/
> October 31, 2003
>
>
>
_______________________________________________________
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