Response to Office Action

MK SIGNATURE LIP OUTLINER

Mary Kay Inc.

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 76630388
MARK SECTION (no change)
OWNER SECTION (current)
NAME Mary Kay Inc.
STREET 16251 Dallas Parkway P. O. Box 799045
CITY Dallas
STATE TX
ZIP/POSTAL CODE 753799045
COUNTRY US
OWNER SECTION (proposed)
NAME Mary Kay Inc.
STREET 16251 Dallas Parkway P. O. Box 799045
CITY Dallas
STATE Texas
ZIP/POSTAL CODE 753799045
COUNTRY United States
PHONE 9726875725
FAX 9726871604
EMAIL XXXX
LEGAL ENTITY SECTION (current)
TYPE CORPORATION
STATE/COUNTRY OF INCORPORATION DE
LEGAL ENTITY SECTION (proposed)
TYPE CORPORATION
STATE/COUNTRY OF INCORPORATION Delaware
GOODS AND/OR SERVICES SECTION (no change)
ADDITIONAL STATEMENTS SECTION
DISCLAIMER No claim is made to the exclusive right to use LIP OUTLINER apart from the mark as shown.
PRIOR REGISTRATION(S) Applicant claims ownership of U.S. Registration Number(s) 2929973 and 2559020.
MISCELLANEOUS STATEMENT Applicant claims ownership of U.S. pending application Numbers 76/259699 and 76/259698.
SIGNATURE SECTION
DECLARATION SIGNATURE /jdw/
SIGNATORY NAME John D. Wiseman
SIGNATORY POSITION Senior Attorney, Intellectual Property, Mary Kay Inc.
SIGNATURE DATE 11/02/2005
RESPONSE SIGNATURE /jdw/
SIGNATORY NAME John D. Wiseman
SIGNATORY POSITION Senior Attorney, Intellectual Property, Mary Kay Inc.
SIGNATURE DATE 11/02/2005
FILING INFORMATION SECTION
SUBMIT DATE Wed Nov 02 16:37:51 EST 2005
TEAS STAMP USPTO/OA-XXXXXXXXX-200511
02163751700263-76630388-2
00bd060b13c401f8d6dd5e668
62ca6e-N-N-20051102162337
926454



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. 76630388 is amended as follows:    
        
Procedural Matters/Informalities
Applicant proposes to amend the following:
Original: Mary Kay Inc., a corporation of DE, having an address of 16251 Dallas Parkway P. O. Box 799045 Dallas, TX US 753799045.
Proposed: Mary Kay Inc., a corporation of Delaware, having an address of 16251 Dallas Parkway P. O. Box 799045 Dallas, Texas United States 753799045, whose e-mail address is XXXX, whose phone number is 9726875725 and whose fax number is 9726871604.
 
 
Additional Statements
No claim is made to the exclusive right to use LIP OUTLINER apart from the mark as shown.
Applicant claims ownership of U.S. Registration Number(s) 2929973 and 2559020.
Applicant claims ownership of U.S. pending application Numbers 76/259699 and 76/259698.
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: /jdw/      Date: 11/02/2005
Signatory's Name: John D. Wiseman
Signatory's Position: Senior Attorney, Intellectual Property, Mary Kay Inc.
        
Response Signature
        
Signature: /jdw/     Date: 11/02/2005
Signatory's Name: John D. Wiseman
Signatory's Position: Senior Attorney, Intellectual Property, Mary Kay Inc.
        
        
        
Serial Number: 76630388
Internet Transmission Date: Wed Nov 02 16:37:51 EST 2005
TEAS Stamp: USPTO/OA-XXXXXXXXX-20051102163751700263-
76630388-200bd060b13c401f8d6dd5e66862ca6
e-N-N-20051102162337926454




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