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. 77111294 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 13, 2007.

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, suction nozzles for vacuum cleaners, in Class 7.

Kindly amend the application by inserting the following statement:

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

Remarks

A.        No Conflict Found

The Examining Attorney stated that he has searched the Trademark Office records and no confusingly similar mark was revealed.  Applicant appreciates the Examining Attorney’s notification in this regard.

B.        Identification of Goods

In the Office Action, the Examining Attorney determined that the wording “attachments and accessories” in the identification of goods was unacceptable as indefinite.  The Examining Attorney required Applicant to amend the identification of goods.  In compliance with this requirement, Applicant has now amended the identification of goods contained in the application to reflect the common commercial name of the goods associated with Applicant’s mark. 

C.        Disclaimer

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

D.        Significance of Term

Also in the Office Action, the Examining Attorney requested Applicant to indicate whether the wording “CONTOUR” or “CONTOUR TOOL” has any significance in the vacuum cleaner trade or industry or as applied to the goods described in the application.  While the rubber nubs on the product do flex, which makes it easy to tackle curvy or tight areas for clean-up, the main feature is that it picks up hair. The product is not molded or shaped into a contour or curved configuration. Therefore, Applicant hereby states that the goods associated with its wording “CONTOUR” or “CONTOUR TOOL” has no significance in the vacuum cleaner trade or industry or as applied to the goods described in the application.

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.

Classification and Listing of Goods/Services

Applicant hereby amends the following class of goods/services in the application as follows:
Current: Class 007 for Vacuum cleaner attachments and accessories
Original Filing Basis: 1(b).
Proposed: Class 007 for Vacuum cleaner attachments and accessories, namely, suction nozzles for vacuum cleaners
Filing Basis: 1(b).
Additional Statements

"No claim is made to the exclusive right to use PET and TOOL apart from the mark as shown."

"CONTOUR or CONTOUR TOOL appearing in the mark has no significance in the relevant trade or industry or as applied to the goods/services listed in the application, no geographical significance, nor any meaning in a foreign language."

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: 06/18/2007
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: 77111294
Internet Transmission Date: Mon Jun 18 16:46:55 EDT 2007
TEAS Stamp: USPTO/ROA-XX.XXX.XX.XXX-2007061816465577
2072-77111294-370a38ce056b2451ea5d3b4298
a8116401a-N/A-N/A-20070618164413694542