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. 77111658 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 011 for APPARATUS FOR WATER SUPPLY AND SANITARY PURPOSES; BATHROOM PLUMBING FIXTURES; BATH FITTINGS; TAPS; PARTS AND FITTINGS FOR ALL THE AFORESAID GOODS
Original Filing Basis:
Filing Basis: Section 44(d), Priority based on foreign filing: Applicant has a bona fide intention to use the mark in commerce on or in connection with the identified goods and/or services, and asserts a claim of priority based on [ __________ application number 005632815 filed 01/09/2007]. 15 U.S.C.Section 1126(d), as amended.

Filing Basis: Section 44(e), Based on Foreign Registration: Applicant has a bona fide intention to use the mark in commerce on or in connection with the identified goods and /or services, and submits a copy of [ European Community registration number __________ registered __________ with a renewal date of __________ and an expiration date of __________ ], and translation thereof, if appropriate. 15 U.S.C. Section 1126(e), as amended.

Proposed: Class 011 for APPARATUS FOR WATER SUPPLY AND SANITARY PURPOSES, NAMELY, SHOWERS, SHOWER CONTROL VALVES, SHOWER SPRAYERS, SHOWER MIXERS, SHOWER HEADS, FAUCETS, MIXER FAUCETS FOR WATER PIPES, TAP WATER FACETS, SINK TAPS, BATHTUB TAPS, BASIN (SINK) MIXER FAUCETS, BASIN (SINK) WASTES AND OVERFLOWS, BATHTUB MIXER FAUCETS, BATHTUB CONTROL VALVES, BATHTUB WASTES AND OVERFLOWS (AS WELL AS REPLACEMENT PARTS FOR ALL THE AFORESAID GOODS); BATHROOM PLUMBING FIXTURES, NAMELY, SHOWERS, SHOWER CONTROL VALVES, SHOWER SPRAYERS, SHOWER MIXERS, SHOWER HEADS, FAUCETS, MIXER FAUCETS FOR WATER PIPES, TAP WATER FACETS, SINK TAPS, BATHTUB TAPS, BASIN (SINK) MIXER FAUCETS, BASIN (SINK) WASTES AND OVERFLOWS, BATHTUB MIXER FAUCETS, BATHTUB CONTROL VALVES, BATHTUB WASTES AND OVERFLOWS (AS WELL AS REPLACEMENT PARTS FOR ALL THE AFORESAID GOODS); BATH PLUMBING FITTINGS, NAMELY, SHOWERS, SHOWER CONTROL VALVES, SHOWER SPRAYERS, SHOWER MIXERS, SHOWER HEADS, FAUCETS, MIXER FAUCETS FOR WATER PIPES, TAP WATER FACETS, SINK TAPS, BATHTUB TAPS, BASIN (SINK) MIXER FAUCETS, BASIN (SINK) WASTES AND OVERFLOWS, BATHTUB MIXER FAUCETS, BATHTUB CONTROL VALVES, BATHTUB WASTES AND OVERFLOWS (AS WELL AS REPLACEMENT PARTS FOR ALL THE AFORESAID GOODS); TAP WATER FAUCETS; REPLACEMENT PARTS FOR ALL THE AFORESIAD GOODS
Filing Basis: Section 44(d), Priority based on foreign filing: Applicant has a bona fide intention to use the mark in commerce on or in connection with the identified goods and/or services, and asserts a claim of priority based on [European Community application number 005632815 filed 01/09/2007]. 15 U.S.C.Section 1126(d), as amended.

Filing Basis: Section 44(e), Based on Foreign Registration: Applicant has a bona fide intention to use the mark in commerce on or in connection with the identified goods and /or services, and will submit a copy of [ European Community registration number __________ registered __________ with a renewal date of __________ and an expiration date of __________ ], and translation thereof, if appropriate, before the application may proceed to registration. 15 U.S.C. Section 1126(e), as amended.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 020 for MIRRORS, SHELVES
Original Filing Basis:
Filing Basis: Section 44(d), Priority based on foreign filing: Applicant has a bona fide intention to use the mark in commerce on or in connection with the identified goods and/or services, and asserts a claim of priority based on [ __________ application number 005632815 filed 01/09/2007]. 15 U.S.C.Section 1126(d), as amended.

Filing Basis: Section 44(e), Based on Foreign Registration: Applicant has a bona fide intention to use the mark in commerce on or in connection with the identified goods and /or services, and submits a copy of [ United Kingdom registration number __________ registered __________ with a renewal date of __________ and an expiration date of __________ ], and translation thereof, if appropriate. 15 U.S.C. Section 1126(e), as amended.

Proposed: Class 020 for TOWEL HOOKS NOT OF METAL, MIRRORS AND SHELVES.
Filing Basis: Section 44(d), Priority based on foreign filing: Applicant has a bona fide intention to use the mark in commerce on or in connection with the identified goods and/or services, and asserts a claim of priority based on [United Kingdom application number 005632815 filed 01/09/2007]. 15 U.S.C.Section 1126(d), as amended.

Filing Basis: Section 44(e), Based on Foreign Registration: Applicant has a bona fide intention to use the mark in commerce on or in connection with the identified goods and /or services, and will submit a copy of [ United Kingdom registration number __________ registered __________ with a renewal date of __________ and an expiration date of __________ ], and translation thereof, if appropriate, before the application may proceed to registration. 15 U.S.C. Section 1126(e), as amended.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 021 for BATHROOM FITTINGS INCLUDED IN CLASS 21; SOAP DISHES AND SOAP HOLDERS; TOOTHBRUSH HOLDERS, TUMBLER HOLDERS, COMBINED TOOTHBRUSH AND TUMBLER HOLDERS; TUMBLERS AND BEAKERS; TOWEL RAILS, TOWEL RINGS, TOWEL RACKS, TOWEL HOOKS AND TOWEL RAIL MOUNTINGS; TOILET ROLL HOLDERS, TOILET PAPER HOLDERS; STORAGE CONTAINERS AND JARS, PARTS AND FITTINGS INCLUDED IN CLASS 21 FOR ALL THE AFORESAID GOODS
Original Filing Basis:
Based on Foreign Application: Applicant has a bona fide intention to use the mark in commerce on or in connection with the identified goods and/or services, and will submit a copy of a foreign registration, and translation thereof, if appropriate. 15 U. S.C. Section 1126(d), as amended.

Proposed: Class 021 for BATHROOM FITTINGS, NAMELY, TOILET BRUSH HOLDERS, SOAP DISHES AND SOAP HOLDERS; TOOTHBRUSH HOLDERS; CUP HOLDER; COMBINED TOOTHBRUSH AND CUP HOLDERS; CUPS AND BATHROOM GLASSWARE; TOWEL RAILS, TOWEL RINGS, TOWEL RACKS; TOILET PAPER DISPENSERS; REPLACEMENT PARTS FOR ALL THE AFORESAID GOODS.
Based on Foreign Application: Applicant has a bona fide intention to use the mark in commerce on or in connection with the identified goods and/or services, and will submit a copy of a foreign registration, and translation thereof, if appropriate. 15 U. S.C. Section 1126(d), as amended.

Applicant hereby adds the following class of goods/services to the application:
New: Class 006 for TOWEL HOOKS OF METAL; METAL BATHROOM HARDWARE, NAMELY, SCREWS, NUTS, BRACKETS FOR TOWEL RAILS.
Filing Basis: Section 44(d), Priority based on foreign filing: Applicant has a bona fide intention to use the mark in commerce on or in connection with the identified goods and/or services, and asserts a claim of priority based on [United Kingdom application number 005632815 filed 01/09/2007]. 15 U.S.C.Section 1126(d), as amended.

FEE(S)
Fee(s) in the amount of $325 is being submitted.

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: /Scott W. Kelley/     Date: 08/28/2007
Signatory's Name: Scott W. Kelley
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.

        
RAM Sale Number: 2803
RAM Accounting Date: 08/29/2007
        
Serial Number: 77111658
Internet Transmission Date: Tue Aug 28 18:43:47 EDT 2007
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XXX-200708281843472
94494-77111658-380a83de6e3465cf35f40ac7e
41b41ca1e-CC-2803-20070828181935664217