Serial Number: 76/538382
Mark: The Scoular Company
Applicant: The Scoular Company
Filing Date: 2003-07-28
Stacy B. Wahlberg
Trademark Attorney
Law Office 113
Re: Applicant's Response to First Office Action, dated February 24, 2004
Dear Stacy,
This correspondence is responsive to the First Office Action and our recent
telephone conference on the above referenced trademark and serves as the
request of The Scoular Company ("Applicant") for an amendment of the
application filed on the above trademark as follows:
Specimen
You indicated that Applicant must submit a (substitute) specimen showing use
of the trademark in commerce on the goods or packaging. Accordingly,
attached hereto as Applicant's substitute specimen is a photograph showing
use of the trademark in commerce on the packaging of the goods, namely
showing the trademark on a container where the goods are stored in the
nature of a grain elevator.
Declaration
The undersigned, being hereby warned that willful false statements
and the like 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 document or any registration resulting
therefrom, declares 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 and that the substitute specimen(s) was in use in
commerce at least as early as the filing date of the application.
/Patrick J. Duffy/
Patrick J. Duffy, Attorney for The Scoular Company
April 21, 2004
Disclaimer
You have stated that the submitted disclaimer of the Applicant in the
application should be clarified, and may be clarified, to read as follows:
"No claim is made to the exclusive right to use COMPANY apart from the mark
as shown." Thus, Applicant requests that such disclaimer in its application
be revised to read as follows:
"No claim is made to the exclusive right to use COMPANY apart from the mark
as shown."
Having addressed all of the issues raised by you on the above referenced
matter, The Scoular Company respectfully requests, consideration by the
Examiner of priority registration of the trademark.
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.
Very Truly Yours,
/Patrick J. Duffy/
Patrick J. Duffy, Attorney for The Scoular Company
April 21, 2004
Patrick J. Duffy
Fraser Stryker Law Firm
500 Energy Plaza
409 South 17th Street
Omaha, NE 68102
(402) 341-6000 (main)
(402) 978-5267 (direct)
(402) 341-8290 (fax)
(402) 598-3833 (mobile)
pduffy@fslf.com <mailto:pduffy@fslf.com>
This transmittal and/or attachment(s) may be a confidential attorney-client
communication, attorney work product or may otherwise be privileged or
confidential. If you are not the intended recipient, you are hereby notified
that you have received this transmittal in error; any review,
dissemination,distribution or copying of this transmittal is strictly
prohibited. If you have received this transmittal and/or attachment(s) in
error, please notify us immediately by reply or by telephone (call
1-402-341-6000) and immediately delete this message and all of its
attachments. Thank you.
