Response to Office Action

PTO Form 1957 (Rev 9/2005)

OMB No. 0651-0050 (Exp. 04/30/2011)

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PTO Form 1957 (Rev 9/2005)

OMB No. 0651-0050 (Exp. 04/30/2011)

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 76682525 has been amended as follows:

ARGUMENT(S)
In response to the substantive refusal(s), please note the following:

With respect to Examiner's Office Action dated March 6, 2009, Applicant responds as follows:

Substitute Specimen Required - Class 26 Only 

Applicant submits herewith a substitute specimen for "jaw clips", a hair accessory, in International Classes 26.  Accordingly, a requisite Declaration in support of this submission is also provided herewith.

Conclusion

 

Applicant has provided the foregoing Response to the Examiner's Office Action, responding to the issues raised by the Examiner.  In view of the above, Applicant respectfully requests that the Examiner approve this mark for publication.

             

EVIDENCE
Evidence in the nature of Substitute specimen in International Class 26 for "jaw clips", a hair accessory. has been attached.

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 025 for Clothing, namely, hosiery and headbands
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)).

In International Class 025, the mark was first used at least as early as 06/30/2005 and first used in commerce at least as early as 06/30/2005.

Proposed: Class 025 for Clothing, namely, hosiery and headbands

Deleted Filing Basis: 1(b)
In International Class 025, the mark was first used at least as early as 06/30/2005. and first used in commerce at least as early as 06/30/2005.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 026 for Hair accessories, namely, claw clips and jaw clips
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)).

In International Class 026, the mark was first used at least as early as 07/15/2003 and first used in commerce at least as early as 07/15/2003.

Proposed: Class 026 for Hair accessories, namely, claw clips and jaw clips

Deleted Filing Basis: 1(b)
In International Class 026, the mark was first used at least as early as 07/15/2003. and first used in commerce at least as early as 07/15/2003.

Applicant hereby submits a new specimen for Class 026. The specimen(s) submitted consists of Applicant's product packaging depicting the mark as used in International Class 26..
For an application based on 1(b), Intent-to-Use, "The substitute specimen(s) was in use in commerce prior to expiration of the filing deadline for filing a Statement of Use (SOU)."
Original PDF file:
SPU1-637319969-164426249_._RAVINIA_-_Specimen_-_Cl._26_-_Jaw_Clips.pdf
Converted PDF file(s) (1 page)
Specimen File1

SIGNATURE(S)
Declaration Signature
If the applicant is seeking registration under Section 1(b) and/or Section 44 of the Trademark Act, the applicant has 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); and/or the applicant has had a bona fide intention to exercise legitimate control over the use of the mark in commerce by its members. 37 C.F. R. Sec. 2.44. 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); and/or the applicant has exercised legitimate control over the use of the mark in commerce by its members. 37 C.F.R. Sec. 244. 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: /cary m. pumphrey/      Date: 03/19/2009
Signatory's Name: Cary M. Pumphrey
Signatory's Position: Attorney, Intellectual Property, Walgreen Co.

Response Signature
Signature: /cary m. pumphrey/     Date: 03/19/2009
Signatory's Name: Cary M. Pumphrey
Signatory's Position: Attorney, Intellectual Property, Walgreen Co.

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.

        
Serial Number: 76682525
Internet Transmission Date: Thu Mar 19 16:56:13 EDT 2009
TEAS Stamp: USPTO/ROA-XX.XX.XXX.XX-20090319165613484
223-76682525-430c27522184521a5cb53d9acc5
bb11e9-N/A-N/A-20090319164426249350