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. 77110760 has been amended as follows:

ARGUMENT(S)
In response to the substantive refusal(s), please note the following:

            This paper is in response to the Office Action emailed May 14, 2007.

            Kindly amend the application by substituting "Supplemental Register" for "Principal Register" appearing in the application as originally filed.

Also, kindly amend the application by substituting the following identification of goods for that contained in the application as originally filed:

Vacuum cleaner attachments and accessories, namely, adapters, suction nozzles and brushes for vacuum cleaners in Class 7.

Additionally, please amend the application by inserting the following statement:

“No claim is made to the exclusive right to use “PACK” apart from the mark as shown.”

Remarks

A.        No Conflict Found

The Examining Attorney stated that he has searched the Trademark Office records and has found no registered or pending mark that bars registration under the Trademark Act.  Applicant appreciates the Examining Attorney’s notification in this regard.

B.        Amendment to the Supplemental Register

      In the Office Action, the Examining Attorney refused registration of Applicant’s mark on the Principal Register under Section 2(e) of the Trademark Act.  Pursuant to 37 CFR § 2.75, Applicant has amended the application from one requesting registration on the Principal Register to one requesting registration on the Supplemental Register.  Pursuant to TMEP 1115.04, it is procedurally acceptable to request registration on the Supplemental Register after a refusal to register on the Principal Register is made. 

Applicant understands that to amend the application to the Supplemental Register, it must prove use of the mark in commerce.  Applicant has filed its Allegation to Allege Use (see Ex. A), along with a corresponding date of first use in commerce and appropriate specimen showing how the mark is used in commerce.  As the mark is now being used in commerce, and such use has been proved, Applicant submits that its amendment of the application from the Principal Register to the Supplemental Register is appropriate.

C.        Identification of Goods

In the Office Action, the Examining Attorney determined that the identification of goods was unacceptable as indefinite.  The Examining Attorney required Applicant to amend the identification of goods to specify the common commercial names of the goods.  In compliance with this requirement, Applicant has now amended the identification of goods contained in the application. 

D.        Disclaimer

In the Office Action, the Examining Attorney required Applicant to disclaim the term “PACK” apart from the mark as shown. In compliance with this requirement, Applicant has now amended the application to include an appropriate disclaimer of that term.

Inasmuch as there are no outstanding issues, Applicant submits that the application is now in a condition for publication.  Early notification is respectfully requested. Please address any additional questions about this matter to the undersigned attorney of record.

EVIDENCE
Evidence in the nature of Exhibit A has been attached.
Evidence-1
Evidence-2
Evidence-3
Evidence-4

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 007 for Vacuum cleaner attachments and accessories
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)).

In International Class 007, the mark was first used at least as early as 08/31/2007 and first used in commerce at least as early as 08/31/2007.

Proposed: Class 007 for Vacuum cleaner attachments and accessories, namely, adapters, suction nozzles and brushes for vacuum cleaners
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)).

In International Class 007, the mark was first used at least as early as 08/31/2007. and first used in commerce at least as early as 08/31/2007.

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

Supplemental Register
"The applicant seeks registration of the mark on the Supplemental Register (i.e., a change of the words 'Principal Register' to 'Supplemental Register')." NOTE: The applicant has separately filed an Allegation of Use, to change the basis of this application from Section 1(b), intent-to-use, to Section 1(a), use in commerce.

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: /Mary C. Bonnema/     Date: 09/10/2007
Signatory's Name: Mary C. Bonnema
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: 77110760
Internet Transmission Date: Mon Sep 10 11:19:09 EDT 2007
TEAS Stamp: USPTO/ROA-XX.XXX.XX.XXX-2007091011190959
1446-77110760-400e963cad05dc057701b748ef
4a81047fb-N/A-N/A-20070910111358234307