Response to Office Action

PTO Form 1957 (Rev 9/2005)

OMB No. 0651-0050 (Exp. 04/2009)

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PTO Form 1957 (Rev 9/2005)

OMB No. 0651-0050 (Exp. 04/2009)

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 76626918 has been amended as follows:
Additional Statements

The present application has been suspended in light of 76071696 (Bio-T-Gel), 76071699 (Bio-E-Gel), and 7847371 (abondoned). The presen to mark is directed to a raw material used in the formulation of a personal care product, not a fianl consumer use pharamceutical as is the case with the cited works. A patient using a prescribed hormone from a doctor cannot get access to our product. The chanels of distribution are so different that there is no possibility of confusion. Additonally, taken as a whole BIO-T-GEL and BIO-E-GEL are very different than BIOGEL. So different it is respectfully contended that there is no possibility of confusion. For these reasons applicant respectfully requests the suspension be rescinded and the mark be passed to publication.

Declaration Signature
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: /Anthony J. O'Lenick, Jr/      Date: 12/15/2006
Signatory's Name: Anthony O'Lenick
Signatory's Position: Vice President

Response Signature
Signature: /Anthony J. O'Lenick, Jr./     Date: 12/15/2006
Signatory's Name: Anthony J. O'Lenick, Jr.
Signatory's Position: Vice President
        
Serial Number: 76626918
Internet Transmission Date: Fri Dec 15 13:38:02 EST 2006
TEAS Stamp: USPTO/ROA-XX.XX.XXX.XX-20061215133802447
968-76626918-3601a71c9775491c6d531667859
0766170-N/A-N/A-20061215133005189789