TEAS Request Reconsideration after FOA

PTO Form (Rev 4/2000)

OMB No. 0651-.... (Exp. 08/31/2004)

---

PTO Form (Rev 4/2000)

OMB No. 0651-.... (Exp. 08/31/2004)

Request for Reconsideration after Final Action

To the Commissioner for Trademarks:

Application serial no. 76566663 has been amended as follows:

ARGUMENT(S)
In response to the substantive refusal(s), please note the following:

Applicant respectfully requests reconsideration of this application.  Registration of the mark has been refused, with respect to the services in International Class 41, on the basis that the recited services, when viewed in connection with the specimen submitted with Applicant's Statement of Use, are not services as contemplated by the Trademark Act.  In response, Applicant has deleted the services in International Class 41, in their entirety, from the application.  With this deletion, Applicant submits that the refusal to register is now moot.  Applicant respectfully requests that this application proceed forward to registration for the only services in International Class 44.

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant hereby deletes the following class of goods/services from the application.
Class 041 for Educational services, namely, an educational program featuring classes, seminars and accompanying literature for healthcare professionals, pharmacists and consumers on the availability and use of over-the-counter pharmaceuticals formerly categorized as prescription pharmaceuticals

SIGNATURE(S)
Declaration Signature
I hereby elect to bypass the submission of a signed declaration, because I believe a declaration is not required by the rules of practice. I understand that the examining attorney could still, upon later review, require a signed declaration.
Request for Reconsideration Signature
Signature: /Tracy Durkin/     Date: 05/07/2008
Signatory's Name: Tracy-Gene G. Durkin
Signatory's Position: Attorney of Record

The signatory has confirmed that he/she is an attorney who is a member in good standing of the bar of the highest court of a U.S. state, which includes the District of Columbia, Puerto Rico, and other federal territories and possessions; and he/she is currently the applicant's attorney or an associate thereof; and to the best of his/her knowledge, if prior to his/her appointment another U.S. attorney or a Canadian attorney/agent not currently associated with his/her company/firm previously represented the applicant in this matter: (1) the applicant has filed or is concurrently filing a signed revocation of or substitute power of attorney with the USPTO; (2) the USPTO has granted the request of the prior representative to withdraw; (3) the applicant has filed a power of attorney appointing him/her in this matter; or (4) the applicant's appointed U.S. attorney or Canadian attorney/agent has filed a power of attorney appointing him/her as an associate attorney in this matter.

The applicant is not filing a Notice of Appeal in conjunction with this Request for Reconsideration.

        
Serial Number: 76566663
Internet Transmission Date: Wed May 07 16:55:35 EDT 2008
TEAS Stamp: USPTO/RFR-XXX.XXX.XX.XXX-200805071655356
26444-76566663-4209bdd501c48da4d6f702150
c49c6d30cb-N/A-N/A-20080507150554897095