Examiners Amendment Priority

OFFICE SEARCH: The examining attorney has searched the Office records and has found no similar registered or pending mark which would bar registration under Trademark Act Section 2(d), 15 U.S.C. Section 1052(d). TMEP section 704.02.

AMENDMENT: In accordance with the authorization granted by applicant’s attorney, John S. Munday, on 09/18/07, the application has been AMENDED as indicated below. Please advise the undersigned immediately if there is an objection to the amendment.

If the identification of goods or services has been amended, please note that any future amendments must be in accordance with 37 C.F.R. 2.71(a); TMEP section 1402.07(e).

Amendment to Identification of Goods

The identification of goods is amended to read as follows: “hair shampoo, shampoo, body oil, hand lotion, liquid skin soap, denture cleaning tablets, perineal wash, namely, non-medicated douches, toothpaste, deodorant for personal use and barrier cream”; in International Class 03. TMEP §1402.01(e).

Claim of Ownership of Prior Registration

The following claim of ownership is added to the record:

Applicant is the owner of U.S. Registration No. 2716293.

37 C.F.R. §2.36; TMEP §812.

Improper Use of Registration Notice

The specimen shows use of the federal trademark registration symbol ® with the applied-for mark. However, USPTO records do not show that the mark is registered. Applicant may not use the federal registration symbol until its mark is registered in the USPTO. After registration, applicant may use this symbol in connection with the specific goods listed in the registration. TMEP §§906, 906.02.

This information is advisory only. Applicant need not respond to this issue.

PRIORITY ACTION

The application will be given priority as an amended application if a response to the requirements stated below is received within two months of the issue/mailing date.

The following issues were discussed in communication with applicant’s attorney, John S. Munday, on 09/18/07.

Deletion From Drawing

Applicant must submit a new drawing with “®” deleted because it is not part of the mark. TMEP §§807.02 and 807.14(a).

Response Guidelines

There is no required format or form for responding to this Office action. The Office recommends applicants use the Trademark Electronic Application System (TEAS) to respond to Office actions online at http://www.gov.uspto.report/teas/index.html. However, if applicant responds on paper via regular mail, the response should include the following information: (1) the name and law office number of the examining attorney; (2) the serial number of this application; (3) the mailing date of this Office action; and (4) applicant's telephone number.

The response should address each refusal and/or requirement raised in the Office action. If a refusal has issued, applicant may wish to argue against the refusal, i.e., submit arguments and/or evidence as to why the refusal should be withdrawn and why the mark should register. To respond to requirements, applicant should simply set forth in writing the required changes or statements and request that the Office enter them into the application record.

The response must be signed by applicant or someone with legal authority to bind applicant (i.e., a corporate officer of a corporate applicant, the equivalent of an officer for unincorporated organizations or limited liability company applicants, a general partner of a partnership applicant, each applicant for applications with multiple individual applicants, etc.). TMEP §§712 et seq.

If applicant has questions about its application or needs assistance in responding to this Office action, please telephone the assigned trademark examining attorney directly at the number below.

/Brian P. Callaghan/

Trademark Examining Attorney

Law Office 108

Phone: (571) 272-4906

Fax: (571) 273-9108

RESPOND TO THIS ACTION: If there are any questions about the Office action, please contact the assigned examining attorney. A response to this Office Action should be filed using the Office’s Response to Office action form available at http://www.gov.uspto.report/teas/eTEASpageD.htm. If notification of this Office action was received via e-mail, no response using this form may be filed for 72 hours after receipt of the notification. Do not attempt to respond by e-mail as the USPTO does not accept e-mailed responses.

If responding by paper mail, please include the following information: the application serial number, the mark, the filing date and the name, title/position, telephone number and e-mail address of the person signing the response. Please use the following address: Commissioner for Trademarks, P.O. Box 1451, Alexandria, VA 22313-1451.

STATUS CHECK: Check the status of the application at least once every six months from the initial filing date using the USPTO Trademark Applications and Registrations Retrieval (TARR) online system at http://tarr.uspto.gov. When conducting an online status check, print and maintain a copy of the complete TARR screen. If the status of your application has not changed for more than six months, please contact the assigned examining attorney.