Response to Office Action

ACAPPELLA

CAPPELLA, CARMEN J.

Response to Office Action

PTO Form 1957 (Rev 8/2005)
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 76504775
MARK SECTION (no change)
GOODS AND/OR SERVICES SECTION (current)
INTERNATIONAL CLASS 015
DESCRIPTION Guitar picks
FILING BASIS Section 1(a)
        FIRST USE ANYWHERE DATE 11/03/1992
        FIRST USE IN COMMERCE DATE 11/03/1992
GOODS AND/OR SERVICES SECTION (proposed)
INTERNATIONAL CLASS 015
DESCRIPTION Guitar picks
FILING BASIS Section 1(a)
        FIRST USE ANYWHERE DATE 11/03/1992
        FIRST USE IN COMMERCE DATE 11/03/1992
        STATEMENT TYPE The substitute specimen(s) was in use in commerce as of the filing date of the application.
        SPECIMEN FILE NAME(S) \\TICRS\EXPORT9\IMAGEOUT9 \765\047\76504775\xml3\RO A0002.JPG
SIGNATURE SECTION
DECLARATION SIGNATURE /CJ/
SIGNATORY NAME Carmen J. Cappella
SIGNATORY POSITION Owner
SIGNATURE DATE 08/05/2005
RESPONSE SIGNATURE /CJ/
SIGNATORY NAME Carmen J. Cappella
SIGNATORY POSITION Owner
SIGNATURE DATE 08/05/2005
FILING INFORMATION SECTION
SUBMIT DATE Fri Aug 05 15:42:28 EDT 2005
TEAS STAMP USPTO/OA-XXXXXXXX-2005080
5154228015130-76504775-20
06c4b5cd55be23285fddc75dc
9131f51-N-N-2005080515404
4988788



PTO Form 1957 (Rev 8/2005)
OMB Control #0651-0050 (Exp. 04/30/2006)

Response to Office Action


To the Commissioner for Trademarks:

Application serial no. 76504775 is amended as follows:    
        
Classification and Listing of Goods/Services
Applicant hereby amends the following class of goods/services in the application as follows:
Current: Class 015 for Guitar picks
Original Filing Basis: 1(a).
Proposed: Class 015 for Guitar picks
Section 1(a), Use in Commerce: The mark was first used at least as early as 11/03/1992 and first used in commerce at least as early as 11/03/1992, and is now in use in such commerce.
Applicant hereby submits a specimen for Class 015.
For an application based on 1(a), Use in Commerce, "The substitute specimen(s) was in use in commerce as of the filing date of the application."
Specimen-1
        
Declaration Signature
If the applicant is seeking registration under Section 1(b) and/or Section 44 of the Trademark Act, the applicant had a bona fide intention to use or use through the applicant's related company or licensee the mark in commerce on or in connection with the identified goods and/or services as of the filing date of the application. 37 C.F.R. Secs. 2.34(a)(2)(i); 2.34 (a)(3)(i); and 2.34(a)(4)(ii). If the applicant is seeking registration under Section 1(a) of the Trademark Act, the mark was in use in commerce on or in connection with the goods or services listed in the application as of the application filing date. 37 C.F.R. Secs. 2.34(a)(1)(i). 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. §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 application on behalf of the applicant; he/she believes the applicant to be the owner of the trademark/service mark sought to be registered, or, if the application is being filed under 15 U.S.C. §1051(b), he/she believes applicant to be entitled to use such mark in commerce; 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/services of such other person, to cause confusion, or to cause mistake, or to deceive; that if the original application was submitted unsigned, that all statements in the original application and this submission made of the declaration signer's knowledge are true; and all statements in the original application and this submission made on information and belief are believed to be true.
        
Signature: /CJ/      Date: 08/05/2005
Signatory's Name: Carmen J. Cappella
Signatory's Position: Owner
        
Response Signature
        
Signature: /CJ/     Date: 08/05/2005
Signatory's Name: Carmen J. Cappella
Signatory's Position: Owner
        
        
        
Serial Number: 76504775
Internet Transmission Date: Fri Aug 05 15:42:28 EDT 2005
TEAS Stamp: USPTO/OA-XXXXXXXX-20050805154228015130-7
6504775-2006c4b5cd55be23285fddc75dc9131f
51-N-N-20050805154044988788



Response to Office Action [image/jpeg]


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