Via e-mail: ecom103@uspto.gov <mailto:ecom108@uspto.gov>
IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
APPLICANT: K&S Kali GmbH Examiner: N.B. Snyder
Law Office: 103
SERIAL NO: 76/508,095
FILED: April 9, 2003
MARK: EPSOTOP CLASS: 1
AMENDMENT IN RESPONSE TO FIRST OFFICE ACTION
Assistant Commissioner for Trademarks
Box: Responses - NO FEE
2900 Crystal Drive
Arlington, VA 22202-3514
Dear Sir:
In response to the First Office Action mailed on September 29,
2003, Applicant amends the following:
Identification of Goods
Please delete the identification of goods in its entirety and
substitute the following:
MINERAL FERTILIZERS, NAMELY, MAGNESIUM SULPHATE
FERTILIZERS FOR USES INCLUDING AGRICULTURAL AND DOMESTIC in Class 1.
Remarks
The examiner has required specificity in the identification of
goods. Applicant has provided the necessary specification.
The examiner has refused registration based on the grounds that
Applicant's mark is likely to be confused with the previously registered
mark for EPSO GROW under Reg. No. 2,267,719. Applicant indicates that
it is the owner of the cited registration and requests that the
likelihood of confusion refusal be withdrawn.
Lastly, Applicant filed a certified copy of the German
registration certificate and its English language translation on May 23,
2003. Applicant requests that the intent-to-use basis be deleted if the
examiner accepts the Section 44 filing basis.
/Mary S. Mathew/
Mary S. Mathew
COLLARD & ROE, P.C.
Attorneys for Applicant
1077 Northern Boulevard
Roslyn, New York 11576
(516) 365-9802
R:\USERS\djaffe\mar04\epsotop(095).amd.wpd
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
Mary S. Mathew
/Mary S. Mathew/
Date: March 23, 2004