TEAS Petition to Revive Abandon Applic

PTO Form 2194 (Rev 9/2005)

OMB No. 0651-0054 (Exp 09/30/2011)

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PTO Form 2194 (Rev 9/2005)

OMB No. 0651-0054 (Exp 09/30/2011)

Petition To Revive For Office Action

To the Commissioner for Trademarks:

Application serial no. 76666424 has been amended as follows:
PETITION
Petition Statement

Applicant has firsthand knowledge that the failure to respond to the Office Action by the specified deadline was unintentional, and requests the USPTO to revive the abandoned application.

RESPONSE TO OFFICE ACTION

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 005 for Prescription and non-prescription medications and supplements namely, dietetic and nutritional substances for medical use and vitamins, pain medications, antihistamines, decongestants, eardrops, eye drops, expectorants, liquid antitussives, cardiovascular and cardiology medications, preparations for treating metabolic disorders, anticholinergics, preparations for treating gasteroenterology conditions, preparations for topical use on the scalp, preparations for treating dermatological conditions, preparations for treating oncology conditions, preparations for treating neurology conditions, preparations for treating urinary tract infections, and preparations for treating oral conditions, including xerostomia.
Original Filing Basis:
Filing Basis: 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)).

Proposed: Class 005 for Prescription and non-prescription medications and supplements namely, dietetic and nutritional substances namely supplements for medical use and vitamins, pain medications, antihistamines, decongestants, eardrops, eye drops, expectorants, liquid antitussives, cardiovascular and cardiology medications, preparations for treating metabolic disorders, anticholinergics, preparations for treating gasteroenterology conditions, preparations for topical use on the scalp, namely shampoos and lotions, preparations for treating dermatological conditions, preparations for treating oncology conditions, preparations for treating neurology conditions, preparations for treating urinary tract infections, and preparations for treating oral conditions, including xerostomia
Filing Basis: 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
Significance of wording, letter(s), or numeral(s)
"Stesso appearing in the mark has no significance in the relevant trade or industry or as applied to the goods/services listed in the application, no geographical significance, nor any meaning in a foreign language."

FEE(S)
Fee(s) in the amount of $100 is being submitted.

SIGNATURE(S)
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: /Michael N. Cohen/      Date: 03/31/2008
Signatory's Name: Michael N. Cohen
Signatory's Position: Attorney of record

Response Signature
Signature: /Michael N. Cohen/     Date: 03/31/2008
Signatory's Name: Michael N. Cohen
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.

        
RAM Sale Number: 4876
RAM Accounting Date: 04/01/2008
        
Serial Number: 76666424
Internet Transmission Date: Mon Mar 31 20:58:23 EDT 2008
TEAS Stamp: USPTO/POA-XX.XXX.XX.XXX-2008033120582300
1845-76666424-42028c09ce8de46de89b454aa5
c63f4a14c-CC-4876-20080331204151488634