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. 77183298 has been amended as follows:

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

RESPONSE

In response to the Office Action dated July 20, 2007, Applicant responds as follows:

Please amend the application to classify the goods enumerated in this application, namely, “Trash can liners”, in International Class 16.

Please add the following disclaimer to the record of this application:  “No claim is made to the exclusive right to use “RECYCLE SYMBOL” apart from the mark as shown.”

Please add the following claim of ownership to this application:  “Applicant is the owner of U.S. Registration No. 1920931.”

Since all informalities cited in the Office Action have been met and a search of the Office records has found no similar registered or pending mark that would bar registration of the proposed mark under Trademark Act Section 2(d), Applicant respectfully requests publication of this application.

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant hereby deletes the following class of goods/services from the application.
Class 022 for Trash can liners

Applicant hereby adds the following class of goods/services to the application:
New: Class 016 (Original Class: 022 ) for Trash can liners
Filing Basis: Section 1(a), Use in Commerce: The mark was first used at least as early as 03/00/2007 and first used in commerce at least as early as 03/00/2007, and is now in use in such commerce.

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

Claim of Prior Registration(s)
"Applicant claims ownership of U.S. Registration Number(s) 1920931."

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: /efp/     Date: 07/31/2007
Signatory's Name: Edward F. Perlman
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.

        
Serial Number: 77183298
Internet Transmission Date: Tue Jul 31 10:32:25 EDT 2007
TEAS Stamp: USPTO/ROA-XX.XX.XXX.XX-20070731103225425
992-77183298-380a53954be27e3d8c53da7fba9
a43c529-N/A-N/A-20070731101911535620