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. 77100369 has been amended as follows:

ARGUMENT(S)
In response to the substantive refusal(s), please note the following:
In the prior office action, dated March 29, 2007, the Examiner rejected the application on the basis of likelihood of confusion in view of U.S. Registration No. 1403721.  However, on May 12, 2007, Trademark No. 1403721, was cancelled and is now a dead mark.  Accordingly, Applicant respectfully requests the Examiner to withdraw the likelihood of confusion rejection, and place Applicant's mark in condition for allowance.

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 005 for Prescription and non-prescription medications, supplements and vitamins
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 005 for Prescription medications for the prevention of the common cold, flu, allergies, and fatigue; and non-prescription cold, flu, and allergy medications; and non-prescription supplements, namely cold, flu, and allergy supplements and vitamins
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)).

CORRESPONDENCE ADDRESS CHANGE
Applicant proposes to amend the following:
Current: Michael N. Cohen Law Office of Michael N. Cohen, PC 9025 Wilshire Blvd., Suite 301 Beverly Hills CA 90211
Proposed: Michael N. Cohen of Law Office of Michael N. Cohen, PC, having an address of 9025 Wilshire Blvd., Suite 301 Beverly Hills, California United States 90211, whose e-mail address is michael@patentlawip.com, whose phone number is 310-288-4500 and whose fax number is 310-246-9980.

ADDITIONAL STATEMENTS
In response to the Examiner's questions: Does AKURZA have any significance as applied to the goods and/or services other than trademark and/or service mark significance? Yes, the product contains zincum acetate. Does DURAVENT have any significance in the relevant trade or industry other than trademark and/or service mark significance? No. Does DURAVENT have any geographic significance? No. Does DURAVENT have any meaning in a non-English language? No. Website: There is no website at the present time in which the applicant mentions the proposed mark in relation to any of the identified goods and/or services.

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: /Michael N. Cohen/      Date: 09/28/2007
Signatory's Name: Michael N. Cohen
Signatory's Position: Attorney of record

Response Signature
Signature: /Michael N. Cohen/     Date: 09/28/2007
Signatory's Name: Michael N. Cohen
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.

Mailing Address:    Michael N. Cohen
   Law Office of Michael N. Cohen, PC
   9025 Wilshire Blvd., Suite 301
   Beverly Hills, California 90211
        
Serial Number: 77100369
Internet Transmission Date: Fri Sep 28 22:11:28 EDT 2007
TEAS Stamp: USPTO/ROA-XX.XXX.XX.XXX-2007092822112828
1549-77100369-4003f43a85f9af7d3c335e0911
84b321ca-N/A-N/A-20070928220005117727