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. 77114261 has been amended as follows:

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

REGARDING LIKELIHOOD OF CONFUSION REFUSAL:

            Applicant respectfully requests that application serial no. 77/114,261 be suspended pending final disposition of the prior cited application, serial no. 77/078,353.  Applicant will address the likelihood of confursion refusal for both the cited prior registartion and application upon final disposition of serial no. 77/078,353.

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 003 for Skin cleansers, facial cleansers, body cleanser, creams, lotions and oils, moisturizing lotions, hair shampoo, conditioners, body shampoo, hair rinses, hair spray, hair tonics, suntan lotion and oils, sun block and sunscreen, colognes, perfumes, toilet water sprays, face and body paint
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 003 for Skin cleansers, facial cleansers, body cleanser, body creams, body lotions, body oils, bath oils, moisturizing lotions, hair shampoo, hair conditioners, body shampoo, hair rinses, hair spray, hair tonics, suntan lotion and oils, sun block and sunscreen, colognes, perfumes, toilet water sprays, face and body paint.
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)).

SIGNATURE(S)
Response Signature
Signature: /Rebecca E. McDougall/     Date: 07/25/2007
Signatory's Name: Rebecca E. McDougall
Signatory's Position: One of Applicant's Attorneys

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: 77114261
Internet Transmission Date: Wed Jul 25 17:03:53 EDT 2007
TEAS Stamp: USPTO/ROA-XX.XXX.XX.XX-20070725170353562
658-77114261-380616d33487158d26acaa99f17
dc98cb1f-N/A-N/A-20070725165703343448