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. 77175000 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 010 for Gloves for medical use; Gloves for use in hospitals; Latex medical gloves; Surgical gloves
Original Filing Basis:
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 01/00/2007 and first used in commerce at least as early as 01/00/2007, and is now in use in such commerce.

Proposed: Class 010 for Gloves for medical use; Gloves for use in hospitals; Latex medical gloves; Surgical gloves
Deleted Filing Basis: 1(a)
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)).

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 021 for Disposable gloves for home use; Disposable latex and nitrile gloves for general use; Disposable latex gloves for general use; Disposable plastic gloves for general use; Disposable plastic gloves for use in the food service industry; Household gloves for general use; Rubber household gloves
Original Filing Basis:
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 01/00/2007 and first used in commerce at least as early as 01/00/2007, and is now in use in such commerce.

Proposed: Class 021 for Disposable gloves for home use; Disposable latex and nitrile gloves for general use; Disposable latex gloves for general use; Disposable plastic gloves for general use; Disposable plastic gloves for use in the food service industry; Household gloves for general use; Rubber household gloves
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 01/00/2007 and first used in commerce at least as early as 01/00/2007, and is now in use in such commerce.
Applicant hereby submits a new specimen for Class 021. The specimen(s) submitted consists of packaging of the goods.
For an application based on 1(a), Use in Commerce, "The substitute specimen(s) was in use in commerce as of the filing date of the application."
Specimen File1

CORRESPONDENCE ADDRESS CHANGE
Applicant proposes to amend the following:
Current:
DEVOMED
DEVOMED
4630 COUNTRY SPRING RD
HOUSTON, TX 77084-4658

Proposed:
Christopher J. Day of Law Office of Christopher Day, having an address of
301 E Bethany Home Road, Suite A-213 Phoenix, Arizona 85012
United States
chris@daylawfirm.com
6022584440
6022584441

SIGNATURE(S)
Declaration Signature
Original PDF file:
.pdf
Converted PDF file(s) (2 pages)
Signature File1
Signature File2
Signatory's Name: Keene Ng
Signatory's Position: Vice President/Operations

Response Signature
Signature: /Christopher J. Day/     Date: 01/28/2008
Signatory's Name: Christopher J. Day
Signatory's Position: Attorney for Applicant

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:    Christopher J. Day
   Law Office of Christopher Day
   301 E Bethany Home Road, Suite A-213
   Phoenix, Arizona 85012
        
Serial Number: 77175000
Internet Transmission Date: Mon Jan 28 09:41:56 EST 2008
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XXX-200801280941563
97402-77175000-4102e4cc450e07dd2dea67cf1
6951bac8fb-N/A-N/A-20080128094109208342