Response to Office Action

SIGNATURE WATERS

Brookshire Grocery Company

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 76605170
MARK SECTION (no change)
GOODS AND/OR SERVICES SECTION (1st class)(current)
INTERNATIONAL CLASS 032
DESCRIPTION water
FILING BASIS Section 1(b)
GOODS AND/OR SERVICES SECTION (1st class)(proposed)
INTERNATIONAL CLASS 032
DESCRIPTION Drinking water, spring water.
FILING BASIS Section 1(b)
GOODS AND/OR SERVICES SECTION (2nd class)(class added)
INTERNATIONAL CLASS 001
DESCRIPTION Distilled water.
FILING BASIS Section 1(b)
ADDITIONAL STATEMENTS SECTION
DISCLAIMER No claim is made to the exclusive right to use WATERS apart from the mark as shown.
MISCELLANEOUS STATEMENT Per July 26, 2005 correspondence with examining attorney, applicant respectfully confirms "A substitute declaration need not be provided with the response."
PAYMENT SECTION
NUMBER OF CLASSES 1
FEE PER CLASS 325
TOTAL FEES DUE 325
SIGNATURE SECTION
DECLARATION SIGNATURE /Valerie Verret/
SIGNATORY NAME Valerie Verret
SIGNATORY POSITION Attorney for Applicant
SIGNATURE DATE 09/06/2005
RESPONSE SIGNATURE /Valerie Verret/
SIGNATORY NAME Valerie Verret
SIGNATORY POSITION Attorney for Applicant
SIGNATURE DATE 09/06/2005
FILING INFORMATION SECTION
SUBMIT DATE Tue Sep 06 16:32:11 EDT 2005
TEAS STAMP USPTO/OA-XXXXXXXXXX-20050
906163211763283-76605170-
20035d2258ecac99c35322cff
aa8a721c5DA326-2005090616
2536127621



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. 76605170 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 032 for water
Original Filing Basis: 1(b).
Proposed: Class 032 for Drinking water, spring water.
        
Applicant hereby adds the following class of goods/services to the application:
New:
Class 001 for Distilled water.
Section 1(b), Intent to Use: 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. (15 U.S.C. Section 1051(b)).
 
Additional Statements
No claim is made to the exclusive right to use WATERS apart from the mark as shown.
Per July 26, 2005 correspondence with examining attorney, applicant respectfully confirms "A substitute declaration need not be provided with the response."
        
Fees
Additional fee(s) in the amount of $325 is being submitted.
        
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).

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: /Valerie Verret/      Date: 09/06/2005
Signatory's Name: Valerie Verret
Signatory's Position: Attorney for Applicant
        
Response Signature
        
Signature: /Valerie Verret/     Date: 09/06/2005
Signatory's Name: Valerie Verret
Signatory's Position: Attorney for Applicant
        
        
        
RAM Sale Number: 326
RAM Accounting Date: 09/07/2005
        
Serial Number: 76605170
Internet Transmission Date: Tue Sep 06 16:32:11 EDT 2005
TEAS Stamp: USPTO/OA-XXXXXXXXXX-20050906163211763283
-76605170-20035d2258ecac99c35322cffaa8a7
21c5DA326-20050906162536127621



Response to Office Action [image/jpeg]


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