Response to Office Action

PTO Form 1957 (Rev 9/2005)

OMB No. 0651-0050 (Exp. 04/2009)

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PTO Form 1957 (Rev 9/2005)

OMB No. 0651-0050 (Exp. 04/2009)

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 77003214 has been amended as follows:
Argument(s)
In response to the substantive refusal(s), please note the following:

 

Responsive to the Office Action dated June 13, 2007, the Applicant responds as follows:

 

SPECIMEN OF USE:  The Applicant hereby submits the attached specimens showing the use of the mark in each International Class which the Applicant seeks registration.  The specimens are duplicates of the originally filed specimens.  As a result of the inadequate resolution attributable to USPTO scanning process, one specimen is submitted per page, rather than multiple specimens per page, as originally submitted.  Since the specimens are duplicates of the originally filed specimens, the original Declaration executed by the Applicant is effective.

 

In view of the above submissions and enclosures and since the examining attorney has searched the Office records and has found no similar registered or pending mark that would bar registration, withdrawal of all grounds of objection and rejection and passage of the mark to registration are respectfully solicited.

 

Classification and Listing of Goods/Services

Applicant hereby amends the following class of goods/services in the application as follows:
Current: Class 005 for Pharmaceutical preparations, namely medicated creams and lotions for the skin
Original Filing Basis: 1(a).
Proposed: Class 005 for Pharmaceutical preparations, namely medicated creams and lotions for the skin
Filing Basis: 1(a).
Section 1(a), Use in Commerce: The mark was first used at least as early as 04/26/1983 and first used in commerce at least as early as 04/26/1983, and is now in use in such commerce.
Applicant hereby submits a new specimen for Class 005.
The specimen(s) submitted consists of packaging of the 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."
Specimen File1
Specimen File2
Specimen File3
Specimen File4
Specimen File5
Specimen File6
Specimen File7


Declaration Signature
I hereby elect to bypass the submission of a signed declaration, because I believe a declaration is not required by the rules of practice. I understand that the examining attorney could still, upon later review, require a signed declaration.
Response Signature
Signature: /gpsage/     Date: 06/25/2007
Signatory's Name: G. Patrick SAGE
Signatory's Position: Attorney

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: 77003214
Internet Transmission Date: Mon Jun 25 18:16:29 EDT 2007
TEAS Stamp: USPTO/ROA-XX.XXX.XX.XXX-2007062518162908
4236-77003214-370bdd42f1fdad4f2bfefeebc2
5131c5d72-N/A-N/A-20070625173808306543