Response to Office Action

AFFINIS

COLTENE/WHALEDENT AG

Response to Office Action

PTO Form 1966 (Rev 9/2002)
OMB Control #0651-0050 (Exp. 04/30/2006)

Response to Office Action


The table below presents the data as entered.

Input Field
Entered
SERIAL NUMBER 76483983
MARK SECTION (no change)
ARGUMENT(S)
The Examining Attorney inquired as to whether "AFFINIS" has any significance in the relevant trade, any geographical significance or any meaning in a foreign language. Applicant hereby submits that "AFFINIS" has no such significance or any meaning in a foreign language.
GOODS AND/OR SERVICES SECTION (class deleted)
INTERNATIONAL CLASS 010
DESCRIPTION DENTAL IMPRESSION MATERIALS
FILING BASIS Section 1(a)
        FIRST USE IN COMMERCE DATE 04/12/2001
GOODS AND/OR SERVICES SECTION (class added)
INTERNATIONAL CLASS 005
DESCRIPTION DENTAL IMPRESSION MATERIALS
FILING BASIS Section 1(a)
        FIRST USE ANYWHERE DATE 01/31/2001
        FIRST USE IN COMMERCE DATE 04/12/2001
SIGNATURE SECTION
SIGNATURE /Linda S. Chan/
SIGNATORY NAME Linda S. Chan
SIGNATORY POSITION Attorney for Applicant
SIGNATORY DATE 12/15/2003
SIGNATURE /Linda S. Chan/
SIGNATORY NAME Linda S. Chan
SIGNATORY POSITION Attorney for Applicant
SIGNATORY DATE 12/15/2003
FILING INFORMATION SECTION
SUBMIT DATE Mon Dec 15 10:54:03 EST 2003
TEAS STAMP USPTO/OA-XXXXXXXXXXX-2003
1215105403698015-76483983
-20099f98080a613bbdd36bde
58ae4b7b74f-N-N-200312151
05151572073



PTO Form 1966 (Rev 9/2002)
OMB Control #0651-0050 (Exp. 04/30/2006)

Response to Office Action


To the Commissioner for Trademarks:

Application serial no. 76483983 is amended as follows:    
        
Argument(s)
In response to the substantive refusal(s), please note the following:
The Examining Attorney inquired as to whether "AFFINIS" has any significance in the relevant trade, any geographical significance or any meaning in a foreign language. Applicant hereby submits that "AFFINIS" has no such significance or any meaning in a foreign language.
        
Classification and Listing of Goods/Services
Applicant hereby deletes the following class of goods/services from the application.
Class 010 for DENTAL IMPRESSION MATERIALS
        
Applicant hereby adds the following class of goods/services to the application:
New:
Class 005 for DENTAL IMPRESSION MATERIALS
        
Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, or the applicant's predecessor in interest used the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used on 01/31/2001 and first used in commerce on 04/12/2001, and is now in use in such commerce.
Declaration Signature
The undersigned, being hereby warned that willful false statements and the like so made are punishable by fine or imprisonment, or both, under 18 U.S.C. Section 1001, and that such willful false statements may jeopardize the validity of the application or any resulting registration, declares that he/she is properly authorized to execute this amendment/response on behalf of the applicant; he/she believes the applicant to be the owner of the trademark/service mark sought to be registered, and that the mark is in use in commerce, and was in use in commerce on the application filing date, on or in connection with the goods and/or services listed in the application; or, if the application is being filed under 15 U.S.C. Section 1051(b), 1126(d) or 1126(e), he/she believes applicant to be entitled to use such mark in commerce, and that the applicant has a bona fide intention, and had a bona fide intention on the application filing date, to use the mark in commerce on or in connection with the goods and/or services listed in the application; to the best of his/her knowledge and belief no other person, firm, corporation, or association has the right to use the mark in commerce, either in the identical form thereof or in such near resemblance thereto as to be likely, when used on or in connection with the goods and/or services of such other person, to cause confusion, or to cause mistake, or to deceive; and that all statements made of his/her own knowledge are true; and that all statements made on information and belief are believed to be true as set forth within the original application and/or the submitted amendment/response.
        
Signature: /Linda S. Chan/      Date: 12/15/2003
Signatory's Name: Linda S. Chan
Signatory's Position: Attorney for Applicant
        
Response Signature
        
Signature: /Linda S. Chan/     Date: 12/15/2003
Signatory's Name: Linda S. Chan
Signatory's Position: Attorney for Applicant
        
        
        
Serial Number: 76483983
Internet Transmission Date: Mon Dec 15 10:54:03 EST 2003
TEAS Stamp: USPTO/OA-XXXXXXXXXXX-2003121510540369801
5-76483983-20099f98080a613bbdd36bde58ae4
b7b74f-N-N-20031215105151572073




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