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. 77007875 has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 021 for Cast stone containers for household and garden use; Containers for household or kitchen use not of precious metal; Plastic storage containers for domestic use; Dispensers for liquid soap; Household utensils, namely, cake cutters, cookie cutters, cookie scoop, baking mats, cookie presses, cake stands, cake covers, cake and cookie molds, tips on icing bags, pastry roller, cake leveler, spatulas, pastry servers, cake servers, icing bags, knives, pans, pots, decorating bags; Vases and bowls; Decorative storage items, namely, containers made of wicker, fabric and non precious metal
Original Filing Basis:
Filing Basis: Section 1(b), Intent to Use: The applicant has 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. (15 U.S.C. Section 1051(b)).

Proposed: Class 021 for Cast stone containers for household and garden use; Containers for household or kitchen use not of precious metal; Plastic storage containers for domestic use; Dispensers for liquid soap; Household utensils, namely, cake cutters, cookie cutters, cookie scoop, cookie presses, cake stands, cake covers, cake and cookie molds, tips on icing bags, pastry roller, cake leveler, spatulas, pastry servers, cake servers, icing bags, knives, pans, pots, decorating bags; Vases and bowls; Decorative storage items, namely, containers made of wicker, fabric and non precious metal
Filing Basis: Section 1(b), Intent to Use: The applicant has 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. (15 U.S.C. Section 1051(b)).

ADDITIONAL STATEMENTS
Disclaimer
"No claim is made to the exclusive right to use HOME COLLECTION apart from the mark as shown."

SIGNATURE(S)
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: /Carl C. Butzer/     Date: 02/27/2008
Signatory's Name: Carl C. Butzer
Signatory's Position: Attorney of Record

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: 77007875
Internet Transmission Date: Wed Feb 27 17:10:51 EST 2008
TEAS Stamp: USPTO/ROA-XX.X.XXX.XX-200802271710516054
69-77007875-4209a48b0e6c0233d8c6bd67a9b6
e14e0-N/A-N/A-20080227165201539538