Response to Office Action

PTO Form 1957 (Rev 9/2005)

OMB No. 0651-0050 (Exp. 07/31/2017)

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PTO Form 1957 (Rev 9/2005)

OMB No. 0651-0050 (Exp. 07/31/2017)

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 76711716 NUVAIL (Stylized and/or with Design, see http://tess2.gov.uspto.report/ImageAgent/ImageAgentProxy?getImage=76711716) has been amended as follows:

MARK
Applicant proposes to amend the mark as follows:
Current: NUVAIL (Stylized and/or with Design, see http://tess2.gov.uspto.report/ImageAgent/ImageAgentProxy?getImage=76711716)
Proposed: NUVAIL (Stylized and/or with Design, see mark)
The color(s) Green and Blue The background is white and not claimed as a color. is/are claimed as a feature of the mark.
The mark consists of Nuvail logo consists of 5 green stacked crescents. The bottom crescent is a faded light green. The green darkens with each crescent until you reach the top crescent which is solid dark green. The crescents are gradients of the same color going from light to dark. To the right of the crescents are the words Nuvail in blue. The letters "Nu" in the name is in bold (thicker) than the letters "vail" which are not bold. The background is white and not claimed as a color.

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 and/or services listed in the application as of the application filing date or as of the date of any submitted allegation of use. 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. 2.44. 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. Section 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. Section 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: /Joe Pecora/      Date: 09/09/2013
Signatory's Name: Joe Pecora
Signatory's Position: President
Signatory's Phone Number: 2153454880


Response Signature
Signature: /Joe Pecora/     Date: 09/09/2013
Signatory's Name: Joe Pecora
Signatory's Position: President

Signatory's Phone Number: 2153454880

The signatory has confirmed that he/she is not represented by either an authorized attorney or Canadian attorney/agent, and that he/she is either (1) the applicant or (2) a person(s) with legal authority to bind the applicant; and if an authorized U.S. attorney or Canadian attorney/agent previously represented him/her in this matter, either he/she has filed a signed revocation of power of attorney with the USPTO or the USPTO has granted the request of his/her prior representative to withdraw.

        
Serial Number: 76711716
Internet Transmission Date: Mon Sep 09 15:34:16 EDT 2013
TEAS Stamp: USPTO/ROA-XX.XX.XX.XXX-20130909153416241
649-76711716-50087387468199532a5a6715bb5
850c6184d088ded793694d734982b86719d13-N/
A-N/A-20130909152106416806