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. 77005756 has been amended as follows:

MARK
Applicant proposes to amend the mark as follows:
Current: (Stylized and/or with Design)
The color(s) dark blue, light blue, and light light blue is/are claimed as a feature of the mark.
The mark consists of a of unique bottle design with a round base where from grooved elongated indentations twist upwards in a spiral progression and end at a rounded globe like reservoir. The outline of the bottle is a curving "S" shape which allows for a narrowing away from the base and gradually extending outwards as it reaches its fullest at the globe where it narrows again into the neck of the bottle. The base transitions to the undersurface of the bottle with a rounded, curving edge which flattens into a flat circular ring that stabilizes the bottle upon any flat surface such as a table. After the ring, moving inward, the base then transitions into a concave cavity pushing upward toward the top of the bottle (for added strength and stability).

Proposed: (Stylized and/or with Design, see mark)

The color(s) dark blue, light blue, and light light blue is/are claimed as a feature of the mark. The mark consists of a of unique bottle design with a round base where from grooved elongated indentations twist upwards in a spiral progression and end at a rounded globe like reservoir. The outline of the bottle is a curving "S" shape which allows for a narrowing away from the base and gradually extending outwards as it reaches its fullest at the globe where it narrows again into the neck of the bottle. The base transitions to the undersurface of the bottle with a rounded, curving edge which flattens into a flat circular ring that stabilizes the bottle upon any flat surface such as a table. After the ring, moving inward, the base then transitions into a concave cavity pushing upward toward the top of the bottle (for added strength and stability).

ADDITIONAL STATEMENTS
The jpeg file we uploaded of the mark meets the size requirements of the PTO, however when it is uploaded it appears out of proportion and somewhat pushed down from the top to make it something completely different. We have tried the process several times and arrive at the same result. Therefore, Applicant reserves the right to submit another image if this out of proportion image actually gets transmitted and is not only a thumbnail image and a temporary effect of the PTO software.

SIGNATURE(S)
Declaration Signature
If the applicant is seeking registration under Section 1(b) and/or Section 44 of the Trademark Act, the applicant 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). 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). 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: /Owen Lombardi/      Date: 11/08/2007
Signatory's Name: Owen Lombardi
Signatory's Position: President

Response Signature
Signature: /Owen Lombardi/     Date: 11/08/2007
Signatory's Name: Owen Lombardi
Signatory's Position: President

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: 77005756
Internet Transmission Date: Thu Nov 08 05:36:03 EST 2007
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XXX-200711080536030
02036-77005756-400e619811964d9df50f4d11c
835294c471-N/A-N/A-20071108051648997365