Response to Office Action

FLENTS

APOTHECARY PRODUCTS, LLC

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 76566273
MARK SECTION (no change)
GOODS AND/OR SERVICES SECTION (1st class)(no change)
GOODS AND/OR SERVICES SECTION (2nd class)(no change)
GOODS AND/OR SERVICES SECTION (3rd class)(current)
INTERNATIONAL CLASS 005
DESCRIPTION
Medical adhesive tape, bandages, first aid kits, first aid kits for snake bites and tick removal, lice treatment shampoo, lice control spray, lice and lice eggs detection kits comprised of lice comb, cleaning brush, tweezers, and magnifying glass.
FILING BASIS Section 1(b)
GOODS AND/OR SERVICES SECTION (3rd class)(proposed)
INTERNATIONAL CLASS 005
DESCRIPTION
Medical adhesive tape, bandages, first aid kits, first aid kits for snake bites and tick removal, lice treatment shampoo, lice control spray; dental preparations, namely, plaque identifying tablets; orthodontic wax; medicated diagnostic ph test strips for diabetics; cotton alcohol swabs for diabetic purposes; pre-moistened sanitizing wipes for toilet seats; douche kits comprised of water bottle, clamp, hose, bottle adaptor, and pipes.
FILING BASIS Section 1(b)
GOODS AND/OR SERVICES SECTION (4th class)(current)
INTERNATIONAL CLASS 008
DESCRIPTION
Tweezers; nose and ear hair trimmers; nail clippers, nail files.
FILING BASIS Section 1(b)
GOODS AND/OR SERVICES SECTION (4th class)(proposed)
INTERNATIONAL CLASS 008
DESCRIPTION
Tweezers; nose and ear hair trimmers; nail clippers, nail files; pet hair clippers; plastic tweezers for flea and tick removal.
FILING BASIS Section 1(b)
GOODS AND/OR SERVICES SECTION (5th class)(no change)
GOODS AND/OR SERVICES SECTION (6th class)(current)
INTERNATIONAL CLASS 010
DESCRIPTION
Foot care products, namely, insoles, toe caps, pads, patches, splints, heal cups, bunion shields, bunion sleeves; thermal cold and hot packs for first aid and therapeutic purposes; dental care products, namely, toothbrush covers, toothbrushes, dental mirrors, irrigating syringes, tongue cleaners, tooth picks, dental floss, toothpaste tube winders, plaque identifying tablets, orthodontic wax; diabetic care products, namely, syringe magnifiers, specimen containers, pH test strips, syringe carrying cases, alcohol applicator bottles, alcohol swabs, lancets, syringe safety holders, syringe guards, medical id bracelets, and medical identification key chains; first aid supplies and health care products, namely, eyewash cups, irrigating eyewash bottles, eye droppers, finger guards, finger splints, finger sleeves, finger cots, thermometers for medical purposes, eye patches for medical use, seizure sticks for use in restraining seizure victims, tourniquets; surgical instruments, namely, extractors, surgical scissors, surgical tape removers; eye dropper guides, tongue depressors; steam inhalers for therapeutic use sold empty, external nasal dilators, splinter removal kits comprised of tweezers and magnifying glass; orthopedic products, namely, arm slings, bandage clips; otoscopes; filtration masks for medical use; personal care products, namely, toilet seat covers, toilet seat wipes, douche and enema kits comprised of water bottle, clamp, hose, bottle adaptor and pipes; portable urinals; rectal syringes, ice bags, ear syringes, enema bottles, hot water bottles, vaginal applicators, specimen cups, and bedpans.
FILING BASIS Section 1(b)
GOODS AND/OR SERVICES SECTION (6th class)(proposed)
INTERNATIONAL CLASS 010
DESCRIPTION
Foot care products, namely, insoles, toe caps, pads, patches, splints, heal cups, bunion shields, bunion sleeves; thermal cold and hot packs for first aid and therapeutic purposes; dental care products, namely, dental mirrors, irrigating syringes; diabetic care products, namely, syringe magnifiers, specimen containers, syringe carrying cases, alcohol applicator bottles, lancets, syringe safety holders, syringe guards; first aid supplies and health care products, namely, eyewash cups, irrigating eyewash bottles, eye droppers, finger guards, finger splints, finger sleeves, finger cots, thermometers for medical purposes, eye patches for medical use, seizure sticks for use in restraining seizure victims, tourniquets; surgical instruments, namely, extractors, surgical scissors, surgical tape removers; eye dropper guides, tongue depressors; steam inhalers for therapeutic use sold empty, external nasal dilators, splinter removal kits comprised of tweezers and magnifying glass; orthopedic products, namely, arm slings, bandage clips; otoscopes; filtration masks for medical use; personal care products, namely, toilet seat covers, toilet seat wipes, enema kits comprised of water bottle, clamp, hose, bottle adaptor and pipes; portable urinals for medical purposes; rectal syringes, medical ice packs in the nature of ice bags, ear syringes, enema bottles sold empty, vaginal applicators, specimen cups, and bedpans; lice and lice eggs detection kits comprised of lice comb, cleaning brush, tweezers, and magnifying glass; specimen bottles for pet care; tablet cutters for pet medications.
FILING BASIS Section 1(b)
GOODS AND/OR SERVICES SECTION (7th class)(current)
INTERNATIONAL CLASS 021
DESCRIPTION
Pet care products, namely, brushes, clippers, flea and tick combs, plastic tweezers for flea and tick removal, specimen bottles, tablet cutters for medications, medicine organizers.
FILING BASIS Section 1(b)
GOODS AND/OR SERVICES SECTION (7th class)(proposed)
INTERNATIONAL CLASS 021
DESCRIPTION
Pet care products, namely, brushes and flea and tick combs; dental care products, namely, toothbrushes and toothbrush covers, plastic tongue cleaners, toothpicks, dental floss, toothpaste tube winders.
FILING BASIS Section 1(b)
ADDITIONAL STATEMENTS SECTION
MISCELLANEOUS STATEMENT This is in response to the Office Action issued November 2, 2004 and confirms amendments discussed in a telephone conversation on November 15, 2004 with the Examining Attorney, Stephen R. Berk. The Applicant acknowledges that the goods identified in International Classes 3, 9, and 25 are accepted as previous amended. With this response, the Applicant has amended the identification of goods for Classes 5, 8, and 21. As the Applicant has already submitted the requisite filing fee for seven classes, no further filing fees are required. As discussed with the Examining Attorney, the wording "pre-moistened medicated wipes for toilet seats" in Class 5 has been amended to read "pre-moistened sanitizing wipes for toilet seats". In Class 10, the wording "tongue cleaners, namely, toothbrush scrapers" is amended to read "plastic tongue cleaners" and the goods have been moved to Class 21 with the other dental care products. The Applicant attaches a page from its catalog that shows the tongue cleaner product. As the wording "tongue cleaner" is the common commercial name for the goods, the Applicant believes that the identification should be accepted. The Applicant has now addressed all of the outstanding issues raised by the Examining Attorney and requests that the Applicant be approved for publication at an early date.
MISCELLANEOUS FILE NAME(S) \\ticrs\EXPORT11\IMAGEOUT 11\765\662\76566273\xml4\ ROA0002.JPG
SIGNATURE SECTION
SIGNATURE /Anna W. Manville/
SIGNATORY NAME Anna W. Manville
SIGNATORY POSITION Attorney for Applicant
SIGNATORY DATE 11/16/2004
SIGNATURE /Anna W Manville/
SIGNATORY NAME Anna W. Manville
SIGNATORY POSITION Attorney for Applicant
SIGNATORY DATE 11/16/2004
FILING INFORMATION SECTION
SUBMIT DATE Tue Nov 16 16:16:23 EST 2004
TEAS STAMP USPTO/OA-XXXXXXXXXXX-2004
1116161623391138-76566273
-20091dbb14ad55bbe5f23f46
75f1a57fd21-N-N-200411161
53011009849



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. 76566273 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 005 for Medical adhesive tape, bandages, first aid kits, first aid kits for snake bites and tick removal, lice treatment shampoo, lice control spray, lice and lice eggs detection kits comprised of lice comb, cleaning brush, tweezers, and magnifying glass.
Original Filing Basis: 1(b).
Proposed: Class 005 for Medical adhesive tape, bandages, first aid kits, first aid kits for snake bites and tick removal, lice treatment shampoo, lice control spray; dental preparations, namely, plaque identifying tablets; orthodontic wax; medicated diagnostic ph test strips for diabetics; cotton alcohol swabs for diabetic purposes; pre-moistened sanitizing wipes for toilet seats; douche kits comprised of water bottle, clamp, hose, bottle adaptor, and pipes.
Applicant hereby amends the following class of goods/services in the application as follows:
Current: Class 008 for Tweezers; nose and ear hair trimmers; nail clippers, nail files.
Original Filing Basis: 1(b).
Proposed: Class 008 for Tweezers; nose and ear hair trimmers; nail clippers, nail files; pet hair clippers; plastic tweezers for flea and tick removal.
Applicant hereby amends the following class of goods/services in the application as follows:
Current: Class 010 for Foot care products, namely, insoles, toe caps, pads, patches, splints, heal cups, bunion shields, bunion sleeves; thermal cold and hot packs for first aid and therapeutic purposes; dental care products, namely, toothbrush covers, toothbrushes, dental mirrors, irrigating syringes, tongue cleaners, tooth picks, dental floss, toothpaste tube winders, plaque identifying tablets, orthodontic wax; diabetic care products, namely, syringe magnifiers, specimen containers, pH test strips, syringe carrying cases, alcohol applicator bottles, alcohol swabs, lancets, syringe safety holders, syringe guards, medical id bracelets, and medical identification key chains; first aid supplies and health care products, namely, eyewash cups, irrigating eyewash bottles, eye droppers, finger guards, finger splints, finger sleeves, finger cots, thermometers for medical purposes, eye patches for medical use, seizure sticks for use in restraining seizure victims, tourniquets; surgical instruments, namely, extractors, surgical scissors, surgical tape removers; eye dropper guides, tongue depressors; steam inhalers for therapeutic use sold empty, external nasal dilators, splinter removal kits comprised of tweezers and magnifying glass; orthopedic products, namely, arm slings, bandage clips; otoscopes; filtration masks for medical use; personal care products, namely, toilet seat covers, toilet seat wipes, douche and enema kits comprised of water bottle, clamp, hose, bottle adaptor and pipes; portable urinals; rectal syringes, ice bags, ear syringes, enema bottles, hot water bottles, vaginal applicators, specimen cups, and bedpans.
Original Filing Basis: 1(b).
Proposed: Class 010 for Foot care products, namely, insoles, toe caps, pads, patches, splints, heal cups, bunion shields, bunion sleeves; thermal cold and hot packs for first aid and therapeutic purposes; dental care products, namely, dental mirrors, irrigating syringes; diabetic care products, namely, syringe magnifiers, specimen containers, syringe carrying cases, alcohol applicator bottles, lancets, syringe safety holders, syringe guards; first aid supplies and health care products, namely, eyewash cups, irrigating eyewash bottles, eye droppers, finger guards, finger splints, finger sleeves, finger cots, thermometers for medical purposes, eye patches for medical use, seizure sticks for use in restraining seizure victims, tourniquets; surgical instruments, namely, extractors, surgical scissors, surgical tape removers; eye dropper guides, tongue depressors; steam inhalers for therapeutic use sold empty, external nasal dilators, splinter removal kits comprised of tweezers and magnifying glass; orthopedic products, namely, arm slings, bandage clips; otoscopes; filtration masks for medical use; personal care products, namely, toilet seat covers, toilet seat wipes, enema kits comprised of water bottle, clamp, hose, bottle adaptor and pipes; portable urinals for medical purposes; rectal syringes, medical ice packs in the nature of ice bags, ear syringes, enema bottles sold empty, vaginal applicators, specimen cups, and bedpans; lice and lice eggs detection kits comprised of lice comb, cleaning brush, tweezers, and magnifying glass; specimen bottles for pet care; tablet cutters for pet medications.
Applicant hereby amends the following class of goods/services in the application as follows:
Current: Class 021 for Pet care products, namely, brushes, clippers, flea and tick combs, plastic tweezers for flea and tick removal, specimen bottles, tablet cutters for medications, medicine organizers.
Original Filing Basis: 1(b).
Proposed: Class 021 for Pet care products, namely, brushes and flea and tick combs; dental care products, namely, toothbrushes and toothbrush covers, plastic tongue cleaners, toothpicks, dental floss, toothpaste tube winders.
 
Additional Statements
This is in response to the Office Action issued November 2, 2004 and confirms amendments discussed in a telephone conversation on November 15, 2004 with the Examining Attorney, Stephen R. Berk. The Applicant acknowledges that the goods identified in International Classes 3, 9, and 25 are accepted as previous amended. With this response, the Applicant has amended the identification of goods for Classes 5, 8, and 21. As the Applicant has already submitted the requisite filing fee for seven classes, no further filing fees are required. As discussed with the Examining Attorney, the wording "pre-moistened medicated wipes for toilet seats" in Class 5 has been amended to read "pre-moistened sanitizing wipes for toilet seats". In Class 10, the wording "tongue cleaners, namely, toothbrush scrapers" is amended to read "plastic tongue cleaners" and the goods have been moved to Class 21 with the other dental care products. The Applicant attaches a page from its catalog that shows the tongue cleaner product. As the wording "tongue cleaner" is the common commercial name for the goods, the Applicant believes that the identification should be accepted. The Applicant has now addressed all of the outstanding issues raised by the Examining Attorney and requests that the Applicant be approved for publication at an early date.
Miscelleneous Statement-1
Declaration Signature
The applicant has 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).

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: /Anna W. Manville/      Date: 11/16/2004
Signatory's Name: Anna W. Manville
Signatory's Position: Attorney for Applicant
        
Response Signature
        
Signature: /Anna W Manville/     Date: 11/16/2004
Signatory's Name: Anna W. Manville
Signatory's Position: Attorney for Applicant
        
        
        
Serial Number: 76566273
Internet Transmission Date: Tue Nov 16 16:16:23 EST 2004
TEAS Stamp: USPTO/OA-XXXXXXXXXXX-2004111616162339113
8-76566273-20091dbb14ad55bbe5f23f4675f1a
57fd21-N-N-20041116153011009849



Response to Office Action [image/jpeg]


uspto.report is an independent third-party trademark research tool that is not affiliated, endorsed, or sponsored by the United States Patent and Trademark Office (USPTO) or any other governmental organization. The information provided by uspto.report is based on publicly available data at the time of writing and is intended for informational purposes only.

While we strive to provide accurate and up-to-date information, we do not guarantee the accuracy, completeness, reliability, or suitability of the information displayed on this site. The use of this site is at your own risk. Any reliance you place on such information is therefore strictly at your own risk.

All official trademark data, including owner information, should be verified by visiting the official USPTO website at www.uspto.gov. This site is not intended to replace professional legal advice and should not be used as a substitute for consulting with a legal professional who is knowledgeable about trademark law.

© 2024 USPTO.report | Privacy Policy | Resources | RSS Feed of Trademarks | Trademark Filings Twitter Feed