Response to Office Action

SALAD ESSENTIALS

BARIATRIX NUTRITION INC.

Response to Office Action

PTO Form 1957 (Rev 9/2005)
OMB No. 0651-0050 (Exp. 04/2009)

Response to Office Action


The table below presents the data as entered.

Input Field
Entered
SERIAL NUMBER 77005211
LAW OFFICE ASSIGNED LAW OFFICE 111
MARK SECTION (no change)
OWNER SECTION (no change)
LEGAL ENTITY SECTION (no change)
ADDITIONAL STATEMENTS SECTION
DESCRIPTION OF THE MARK
(and Color Location, if applicable)
"The mark consists of the words "salad essentials" in stylized form with lettuce leaves at the left and right of the word "essentials." The color gray is not a feature of the mark."
MISCELLANEOUS STATEMENT The application as filed stated that the mark was not a color mark. In response to "COLOR MARK" in the on-line application, applicant responded "NO." The color gray is not a feature of the mark. The gray tones in the drawing are not intended to indicate the color gray. Since the application as filed stated that the mark was not a color mark and applicant has reaffirmed in this response that the color gray is not a feature of the mark, it is believed that the application as originally filed met the TEA PLUS application requirements. Accordingly, it is believed that no additional processing fee is required. Reconsideration of the revocation of the TEAS PLUS status is respectfully requested. Applicant respectfully requests that further action on this application be suspended pending disposition of Application Nos. 78-870784 and 78-870786.
SIGNATURE SECTION
DECLARATION SIGNATURE The filing Attorney has elected not to submit the signed declaration, believing no supporting declaration is required under the Trademark Rules of Practice.
RESPONSE SIGNATURE /Herbert L. Bello/
SIGNATORY'S NAME Herbert L. Bello
SIGNATORY'S POSITION Attorney of Record
DATE SIGNED 03/20/2007
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Tue Mar 20 12:39:17 EDT 2007
TEAS STAMP USPTO/ROA-XX.XX.XXX.XXX-2
0070320123917905810-77005
211-370f6964aa83934564d31
0c4ee2b198293-N/A-N/A-200
70320122910467198



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. 77005211 has been amended as follows:
Additional Statements

"The mark consists of the words "salad essentials" in stylized form with lettuce leaves at the left and right of the word "essentials." The color gray is not a feature of the mark."

The application as filed stated that the mark was not a color mark. In response to "COLOR MARK" in the on-line application, applicant responded "NO." The color gray is not a feature of the mark. The gray tones in the drawing are not intended to indicate the color gray. Since the application as filed stated that the mark was not a color mark and applicant has reaffirmed in this response that the color gray is not a feature of the mark, it is believed that the application as originally filed met the TEA PLUS application requirements. Accordingly, it is believed that no additional processing fee is required. Reconsideration of the revocation of the TEAS PLUS status is respectfully requested. Applicant respectfully requests that further action on this application be suspended pending disposition of Application Nos. 78-870784 and 78-870786.

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: /Herbert L. Bello/     Date: 03/20/2007
Signatory's Name: Herbert L. Bello
Signatory's Position: Attorney of Record

The signatory has confirmed that he/she is either (1) an attorney who is a member in good standing of the bar of the highest court of a U.S. state; or (2) a Canadian attorney/agent who has been granted reciprocal recognition under 37 C.F.R. §10.14(c) by the USPTO's Office of Enrollment and Discipline. He/she further confirms that (1) the applicant has not previously been represented in this matter by an authorized attorney; and (2) he/she is the applicant's attorney or an associate of that attorney.
        
Serial Number: 77005211
Internet Transmission Date: Tue Mar 20 12:39:17 EDT 2007
TEAS Stamp: USPTO/ROA-XX.XX.XXX.XXX-2007032012391790
5810-77005211-370f6964aa83934564d310c4ee
2b198293-N/A-N/A-20070320122910467198



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