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. 76690145 has been amended as follows:

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

     This Paper is submitted in response to the Office Action dated September 22, 2008 in the subject application.

      In that Office Action, it is noted that no similar registered or pending marks were found that would bar registration of the present mark and this is gratefully acknowledged.

     With respect to the identification of goods, please amend the present application to International class 01 and amend the description of the goods and services in that class as follows:

     Class 01:  Goods and services defined as follows:  humidity control devices, namely, pouches and packets containing salt solutions that absorb or release moisture for use in controlling humidity in various closed environments;

     It is believed that this definition is within the scope of identified goods/services contained in the application as filed.

     It is further noted that the Examining Attorney has indicated that the specimen of record was not acceptable because it consisted of advertising material for the goods.  Accordingly, applicant encloses a substitute specimen that shows the mark as used on the goods for consideration and acceptance. 

     The date of first use of the mark in class 01 is the same as that declared in the original application for the use of the mark in class 11.  The specimen was clearly in use in commerce on or in connection with the goods and/or services listed in the application at least as early as the filing date of this application.

     The undersigned is an attorney having a Written Power of Attorney in this application and, accordingly, may verify the facts herein.  The undersigned being warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. §1001, and that such willful false statements and the like may jeopardize the validity of the application or document or any registration resulting therefrom, declares that all statements made of his own knowledge are true; and that all statements made on information and belief are believed to be true.

     In view of the above and the enclosed specimen, applicant believes the present mark to be in condition for publication and favorable consideration and publication of the mark for opposition is respectfully requested.

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant hereby deletes the following class of goods/services from the application.
Class 011 for Humidity control devices for closed spaces including humidors, namely, desk top humidors for consumer use

Applicant hereby adds the following class of goods/services to the application:
New: Class 001 (Original Class: 011 ) for humidity control devices, namely, pouches and packets containing salt solutions that absorb or release moisture for use in controlling humidity in various closed environments
Filing Basis: Section 1(a), Use in Commerce: The mark was first used at least as early as 02/00/2004 and first used in commerce at least as early as 02/00/2004, and is now in use in such commerce.
Applicant hereby submits a specimen for Class 001. The specimen(s) submitted consists of Labels attached to packaging of listed goods.
For an application based on 1(a), Use in Commerce, "The substitute specimen(s) was in use in commerce as of the filing date of the application."
Original PDF file:
SPU0-7225137106-120029163_._20080265SPECIMEN.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: /C.G. Mersereau/      Date: 03/20/2009
Signatory's Name: C. G. Mersereau
Signatory's Position: Attorney of Record, MN bar member

Response Signature
Signature: /C. G. Mersereau/     Date: 03/20/2009
Signatory's Name: C. G. Mersereau
Signatory's Position: Attorney of Record, MN bar member

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: 76690145
Internet Transmission Date: Fri Mar 20 12:18:56 EDT 2009
TEAS Stamp: USPTO/ROA-XX.XX.XXX.XXX-2009032012185605
9450-76690145-4303c732b4d842497e8ab3121b
7c7352d50-N/A-N/A-20090320120029163675