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. 77300289 has been amended as follows:

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

As required, Applicant has amended the description of goods and services to render it more definite.  Applicant respectfully submits that the amended description is sufficiently definite for purposes of registration.

The Examining Attorney has refused registration of Applicant’s mark OTSUKA (Stylized) contending that OTSUKA is primarily a surname.  Applicant submits that OTSUKA has become distinctive in commerce for Applicant’s services.  In appropriate cases, ownership of one or more prior registrations for the same mark on the Principal Register may be accepted as prima facie evidence of distinctiveness. 37 C.F.R. § 2.41(b).  The PTO generally allows claims of acquired distinctiveness based on prior registration on the Principal Register for the same mark and the same or similar goods or services.  TMEP § 1212.04.  Applicant submits that the OTSUKA portion of its mark is such a mark for which ownership of a prior registration constitutes prima facie evidence of its acquired distinctiveness.  Applicant owns the following registration on the Principal Register:

U.S. Reg. No. 1,834,298 for OTSUKA AMERICA PHARMACEUTICALS for “pharmaceutical drugs and medicines; namely, drugs for the peripheral nervous system, drugs for sensory organs, drugs for allergies, drugs for circulatory organs, agents for respiratory organs, agents for digestive organs, agents for urinary, genital and anal organs, agents for epidermis, amino acid preparations; namely, lysine, methionine, tryptophane and threonine, agents for the blood, tumor suppressing agents, antibiotics, chemotherapeutics, biological products; namely, vaccines and diagnostic reagent preparations of dietary food supplements containing vitamins and/or minerals and/or proteins.”

The OTSUKA portion of Applicant’s mark for which Applicant seeks to establish acquired distinctiveness is identical to the OTSUKA portion of Applicant’s previously registered mark, OTSUKA AMERICA PHARMACEUTICALS.  Moreover, the goods and services in Applicant’s OTSUKA (stylized) application are highly related to the goods in Applicant’s OTSUKA AMERICA PHARMACEUTICALS registration.  Applicant submits a soft copy of the registration along with this Response to Office Action.

As shown in the registration, OTSUKA has been used as part of Applicant’s house mark for sixteen years, well past the five year statutory presumption for acquired distinctiveness.

Applicant notes that a search of the Patent and Trademark Office records disclosed no registered marks or pending applications that would preclude registration of this mark.  Applicant respectfully requests that the application be approved for publication.

EVIDENCE
Evidence in the nature of Soft copy of Reg. No. 1,834,298 has been attached.
Original PDF file:
evi_6520722-104752188_._OTSUKAAMERICAPHARMACEUTICALSreg.pdf
Converted PDF file(s) (2 pages)
Evidence-1
Evidence-2

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 003 for Anti-static preparations for household purposes; De-greasing preparations for household purposes; Rust removing preparations; Stain removing benzine; Fabric softeners for laundry use; Laundry bleach; Adhesives for affixing false hair; Adhesives for affixing false eyelashes; Laundry starch; Seaweed gelatine for laundry use (Funori); Paint stripping preparations; Shoe and boot cream; Shoe black (shoe polish); Polishing preparations; Soaps and detergents; Dentifrices; Cosmetics and toiletries; Perfumery, fragrances and incenses; Abrasive paper (sandpaper); Abrasive cloth; Abrasive sand; Artificial pumice stone; Polishing paper; Polishing cloth; False nails; False eyelashes
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 Anti-static preparations for household purposes; De-greasing preparations for household purposes; Rust removing preparations; Stain removing benzine; Fabric softeners for laundry use; Laundry bleach; Adhesives for affixing false hair; Adhesives for affixing false eyelashes; Laundry starch; Seaweed gelatine for laundry use (Funori); Paint stripping preparations; Shoe and boot cream; Shoe black; Polishing preparations; Soaps and detergents; Dentifrices; Cosmetics and non-medicated toiletries; Perfumery, fragrances and incenses; Abrasive paper; Abrasive cloth; Abrasive sand; Artificial pumice stone for personal use; Polishing paper; impregnated polishing cloth; False nails; False eyelashes
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 005 for Nutritional supplements and beverages for medical use; Dietetic foods adapted for medical purposes; Dietetic beverages adapted for medical purposes; Pharmaceutical, veterinary and sanitary preparations; Oiled paper for medical purposes; Sanitary masks; Pharmaceutical wafer; Gauze for dressings; Empty capsules for pharmaceuticals; Eye patches; Ear bandages; Menstruation bandages; Menstruation tampons; Sanitary napkins; Sanitary panties; Absorbent cotton; Adhesive plasters; Bandages for dressings; Collodion; Breast-nursing pads; Dental materials; Bracelets for medical purposes; Incontinence diapers; Fly catching paper; Mothproofing paper; Lactose (milk sugar); Powdered milk for babies; Semen for artificial insemination; Food for babies
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 005 for Nutritional supplements; Food supplements; Dietary supplements; Vitamin and mineral supplements; Mineral food supplements; Nutritional drink mix for use as a meal replacement; Powdered nutritional supplement drink mix; Soy protein for use as a nutritional supplement in various powdered and ready-to-drink beverages; Herbal supplements; Nutritional supplements and beverages for medical use; Dietetic foods adapted for medical purposes; Dietetic beverages adapted for medical purposes; Pharmaceutical preparations for the treatment of disorders on central nervous system, peripheral nervous system, sensory organs, respiratory organs and digestive organs; Sanitary masks; Pharmaceutical wafer; Gauze for dressings; Empty unit dose capsules for pharmaceuticals; Eye patches for medical use; Ear bandages; Menstruation bandages; Menstruation tampons; Sanitary napkins; Sanitary panties for medical use; Absorbent cotton for medical use; Adhesive plasters for medical use; Bandages for dressings; medical adhesive in the nature of collodion for skin wounds; Breast-nursing pads; Magnetic bracelets for medical purposes; Incontinence diapers; Fly catching paper; Mothproofing paper; Powdered milk for babies; Semen for artificial insemination; Food for babies; cotton swabs for medical purposes
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 010 for Pacifiers for babies; Ice bag pillows (for medical purposes); Triangular bandages; Supportive bandages; Surgical catguts; Feeding cups (for medical purposes); Dropping pipettes (for medical purposes); Teats; Medical ice bags; Medical Ice bag holders; Baby bottles; Vacuum bottles for nursing; Cotton swabs; Finger guards (for medical purposes); Contraceptives (apparatus); Artificial tympanic membranes; Prosthetic or filling materials (not for dental use); Esthetic massage apparatus for industrial purposes; Medical machines and apparatus; Electric massage apparatus for household use; Gloves for medical purposes; Urinals (for medical purposes); Bed pans; Ear picks
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 010 for Pacifiers for babies; Ice bag pillows for medical purposes; Triangular support bandages; Supportive bandages; Surgical catguts; Feeding cups for medical purposes; Dropping pipettes for medical purposes; Teats; Medical ice bags; Medical Ice bag holders; Baby bottles; Vacuum bottles for nursing; Finger guards for medical purposes; Contraceptives; Artificial tympanic membranes; Prosthetic and filling materials, namely artificial materials for use in the replacement of bones; Esthetic massage apparatus for industrial purposes; Medical equipment for measuring gas content in expired breath to determine the existence of micro-organism in human digestive organs; Medical diagnosis equipment for digestive organs; Electric massage apparatus for household use; Gloves for medical purposes; Urinals for medical purposes; Bed pans; Ear picks
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 029 for Food-supplements containing soybeans (in the form of solid and liquid); Edible oils and fats; Milk products; Meat for human consumption (fresh, chilled or frozen); Eggs; Edible aquatic animals (not live, fresh, chilled or frozen); Frozen vegetables; Frozen fruits; Processed meat products; Processed fisheries products; Processed vegetables and fruits; Fried tofu pieces (Abura-age); Freeze-dried tofu pieces (Kohri-dofu); Jelly made from devils' tongue root (Konnyaku); Soybean milk (soy milk); Tofu; Fermented soybeans (Natto); Processed eggs; Curry, stew and soup mixes; Dried flakes of laver for sprinkling on rice in hot water (Ochazuke-nori); Seasoned powder for sprinkling on rice (Furi-kake); Fermented soybean foods as accompaniment (Name-mono); Raw pulses; Protein for human consumption; Food-supplements containing soybeans (in the form of jelly, powder, granules, capsules and chewable tablets); Food-supplements containing proteins, fats and carbohydrates (in the form of solid, liquid, jelly, powder, granules, capsules and chewable tablets); Food-supplements containing proteins, dietary fibers and calcium (in the form of solid, liquid, jelly, powder, granules, capsules and chewable tablets); Food-supplements containing whey-proteins, dextrin, corn oils, apple juices, reduced dextrin, nonfat dry milks and agars and combined with vitamins and minerals (in the form of solid, liquid, jelly, powder, granules, capsules and chewable tablets); Food-supplements containing dextrin, milk proteins, reduced dextrin, corns, edible vegetable oils and polydextrose and combined with vitamins and minerals (in the form of solid, liquid, jelly, powder, granules, capsules and chewable tablets); Food-supplements containing fruits (in the form of solid, liquid, jelly, powder, granules, capsules and chewable tablets); Food-supplements containing vitamins (in the form of solid, liquid, jelly, powder, granules, capsules and chewable tablets); Food-supplements containing minerals (in the form of solid, liquid, jelly, powder, granules, capsules and chewable tablets); Food-supplements containing amino acids (in the form of solid, liquid, jelly, powder, granules, capsules and chewable tablets); Food-supplements containing dietary fibers (in the form of solid, liquid, jelly, powder, granules, capsules and chewable tablets); Food-supplements containing vegetables (in the form of solid, liquid, jelly, powder, granules, capsules and chewable tablets)
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 029 for Food-supplements containing soybeans (in the form of solid and liquid); Edible oils and fats; Milk products, excluding ice cream, ice milk and frozen yogurt; Fresh, chilled or frozen meat for human consumption; Eggs; Frozen vegetables; Frozen fruits; Processed meat; Processed vegetables and fruits; Fried tofu pieces (Abura-age); Freeze-dried tofu pieces (Kohri-dofu); Jelly made from devils' tongue root (Konnyaku); Soybean milk; Tofu; Fermented soybeans (Natto); Processed eggs; stew and soup mixes; Dried flakes of laver for sprinkling on rice in hot water (Ochazuke-nori); Fermented soybean foods as accompaniment (Name-mono); Raw pulses; Protein for human consumption; Milk proteins
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 030 for Binding agents for ice cream; Meat tenderizers for household purposes; Preparations for stiffening whipped cream; Aromatic preparations for food (not from "Essential oils"); Tea; Coffee and cocoa; Ice; Confectionery, bread and buns; Seasonings; Spices; Ice cream mixes; Sherbet mixes; Unroasted coffee; Cereal preparations; Almond paste; Chinese stuffed dumplings (Gyoza, cooked); Sandwiches; Chinese steamed dumplings (Shumai, cooked); Sushi; Fried balls of batter mix with small pieces of octopus (Takoyaki); Steamed buns stuffed with minced meat (Niku-manjuh); Hamburgers (prepared); Pizzas (prepared); Box lunches (prepared); Hot dogs (prepared); Meat pies (prepared); Ravioli (prepared); Yeast powder; Fermenting malted rice (Koji); Yeast; Baking powder; Instant confectionery mixes; Sake lees (for food); Husked rice; Husked oats; Husked barley; Flour for food; Gluten for food, Food-supplements containing milk proteins (in the form of solid, liquid, jelly, powder, granules, capsules and chewable tablets); Food-supplements containing cereals (in the form of solid, liquid, jelly, powder, granules, capsules and chewable tablets); Food-supplements containing teas (in the form of solid, liquid, jelly, powder, granules, capsules and chewable tablets); Food-supplements containing honeys (in the form of solid, liquid, jelly, powder, granules, capsules and chewable tablets); Food-supplements containing oligosaccharides (in the form of solid, liquid, jelly, powder, granules, capsules and chewable tablets); Food-supplements containing propolis (in the form of solid, liquid, jelly, powder, granules, capsules and chewable tablets); Food-supplements containing royal jellies (in the form of solid, liquid, jelly, powder, granules, capsules and chewable tablets)
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 030 for Curry; Meat tenderizers for household purposes; Starch-based preparations for stiffening whipped cream; Tea; Coffee and cocoa; Ice; Confectionery, namely, candy, biscuits and cookies, bread and buns; Seasonings; Spices; Ice cream mixes; Sherbet mixes; Unroasted coffee; Almond paste; Chinese stuffed dumplings (Gyoza, cooked); Sandwiches; Chinese steamed dumplings (Shumai, cooked); Sushi; Fried balls of batter mix with small pieces of octopus (Takoyaki); Steamed buns stuffed with minced meat (Niku-manjuh); Hamburger sandwiches; Pizzas; Hot dog sandwiches; Meat pies; Ravioli; Yeast powder; Fermenting malted rice (Koji); Yeast; Baking powder; Instant confectionery mixes for biscuits and cookies; Husked rice; Husked oats; Husked barley; Flour for food; Gluten for food
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 032 for Beer; Carbonated drinks (refreshing beverages); Non-alcoholic fruit juice beverages; Extracts of hops for making beer; Whey beverages; Vegetable juices (beverages)
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 032 for Beer; Carbonated soft-drinks and waters; Non-alcoholic fruit juice beverages; Extracts of hops for making beer; Whey beverages; Vegetable juices
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 041 for Operating lotteries; Educational and instruction services relating to arts, crafts, sports or general knowledge; Providing information on donation of human corpses for medical research; Arranging of donation of human corpses for medical research; Organization, management or arrangement of seminars; Animal training; Plant exhibitions; Animal exhibitions; Providing electronic publications; Reference libraries of literature and documentary records; Art exhibitions; Gardens for public admission; Caves for public admission; Publication of books; Planning arrangement of showing movies, shows, plays or musical performances; Movie showing, movie film production, or movie film distribution; Presentation of live show performances; Direction or presentation of plays; Presentation of musical performance; Production of radio or television programs; Production of video tape film in the fields of education, culture, entertainment or sports (not for movies, radio or television programs and not for advertising and publicity); Direction of making radio or television programs; Operation of video equipment or audio equipment etc. for production of radio or television programs; Organization, management or arrangement of sports competitions; Organization, management or arrangement of entertainment (excluding movies, shows, plays, musical performances, sports, horse races, bicycle races, boat races and autoraces); Organization, management or arrangement of horse races; Organization, management or arrangement of bicycle races; Organization, management or arrangement of boat races; Organization, management or arrangement of autoraces; Providing audio or video studios; Providing sports facilities; Providing amusement facilities; Providing facilities for movies, shows, plays, music or educational training; Booking of seats for shows; Rental of Cinematographic machines and apparatus; Rental of cine-films; Rental of musical instruments; Rental of sports equipment; Rental of television sets; Rental of radio sets; Book rental; Rental of records or sound-recorded magnetic tapes; Rental of image-recorded magnetic tapes; Rental of negatives; Rental of positives; Rental of toys; Rental of amusement machines and apparatus; Rental of game machines and apparatus; Rental of paintings and calligraphic works; Photography; Language interpretation; Translation; Rental of cameras; Rental of optical machines and instruments
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 041 for Operating lotteries; Instruction services relating to arts, crafts, sports, diseases and disorders; Arranging of seminars; Animal training; Plant exhibitions; Animal exhibitions; Providing electronic publications in the nature of magazines, books, CD-ROM and video; Reference libraries of literature and documentary records; Art exhibitions; Gardens for public admission; Caves for public admission; Publication of books; Planning and arrangement of showing movies, shows, plays or musical performances; Movie film production, movie film distribution; Presentation of live show performances; Direction or presentation of plays; Presentation of musical performance; Production of radio or television programs; Production of video tape film in the fields of education, culture, entertainment and sports; Direction of making radio or television programs; Operation of video equipment or audio equipment etcetera for production of radio or television programs; Arranging and conducting sports competitions; Arranging and conducting horse races; Arranging and conducting bicycle races; Arranging and conducting boat races; Arranging and conducting auto races; Providing audio or video studios; Providing sports facilities; Providing amusement facilities; Providing facilities for movies, shows, plays, music or educational training; Booking of seats for shows; Rental of Cinematographic machines and apparatus; Rental of cine-films; Rental of musical instruments; Rental of sports equipment; Rental of television sets; Rental of radio sets; Book rental; Rental of records or sound-recorded magnetic tapes; Rental of image-recorded magnetic tapes; Rental of toys; Rental of amusement machines and apparatus; Rental of game machines and apparatus; Rental of paintings and calligraphic works; Photography; Language interpretation; Translation; Rental of cameras
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 042 for Providing meteorological information; Architectural design; Surveying; Geological surveys or research; Designing of machines, apparatus, instruments (including their parts) or systems composed of such machines, apparatus and instruments; Designing; Computer software design, computer programming, or maintenance of computer software; Technical advice relating to performance, operation, etc. of computers, automobiles and other machines that require high levels of personal knowledge, skill or experience of the operators to meet the required accuracy in operating them; Testing, inspection or research of pharmaceuticals, cosmetics or foodstuff; Research on building construction or city planning; Testing or research on prevention of pollution; Testing or research on electricity; Testing or research on civil engineering; Testing, inspection or research on agriculture, livestock breeding or fisheries; Testing or research on machines, apparatus and instruments; Agencies or brokerage for copyright licensing; Agencies for social insurance; Rental of measuring apparatus; Rental of computers; Providing computer programs; Rental of laboratory apparatus and instruments; Rental of drawing instruments
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 042 for Providing meteorological information; Architectural design; Surveying; Geological surveys or research; Designing of machines, apparatus, instruments or systems composed of such machines, apparatus and instruments; Designing services for product packages, labels, leaflets and product inserts; Computer software design, computer programming, or maintenance of computer software; Technical advice relating to performance, operation, etcetera of computers, automobiles and other machines that require high levels of personal knowledge, skill or experience of the operators to meet the required accuracy in operating them; Testing, inspection or research of pharmaceuticals, cosmetics or foodstuff; Research on building construction or city planning; Testing or research on prevention of pollution; Testing or research on electricity; Testing or research on civil engineering; Testing, inspection or research on agriculture, livestock breeding or fisheries; Testing or research on machines, apparatus and instruments; Rental of measuring apparatus; Rental of computers; Providing on-line non-downloadable software; Rental of laboratory apparatus and instruments; Rental of drawing instruments; Providing information on donation of human corpses for medical research; Arranging of donation of human corpses for medical research
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 044 for Beauty salons; Hairdressing salons; Providing bath houses; Garden or flower bed care; Garden tree planting; Fertilizer spreading; Weed killing; Vermin exterminating (for agriculture, horticulture or forestry); Massage and therapeutic shiatsu massage; Chiropractics; Moxibustion; Treatment to joint-dislocation, sprain, bone-fracture or the like (Judo-seifuku); Acupuncture; Medical services; Providing medical information; Physical examination; Dentistry; Preparation and dispensing of medications; Dietary and nutritional guidance; Animal breeding; Veterinary services; Rental of potted plants; Farming equipment rental; Rental of medical machines and apparatus; Rental of fishing machines and instruments; Rental of machines and apparatus for use in beauty salons or barbers' shops; Rental of lawnmowers
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 044 for Beauty salons; Hairdressing salons; Providing bath houses; Garden or flower bed care; Garden tree planting; Fertilizer spreading; Weed killing; Vermin exterminating; Massage and therapeutic shiatsu massage; Chiropractics; Moxibustion; Treatment to joint-dislocation, sprain, bone-fracture or the like (Judo-seifuku); Acupuncture; Medical services; Providing medical information; Physical examination in the nature of a medical exam; Dentistry; Preparation and dispensing of medications; Dietary and nutritional guidance; Animal breeding; Veterinary services; Rental of potted plants; Farming equipment rental; Rental of medical machines and apparatus; Rental of fishing machines and instruments; Rental of machines and apparatus for use in beauty salons or barbers' shops; Rental of lawnmowers
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)).

ADDITIONAL STATEMENTS
Section 2(f), in part, Prior Registration(s)
"OTSUKA has become distinctive of the goods/services as evidenced by the ownership on the Principal Register for the same mark for related goods or services of U.S. Registration No(s)1834298."

"OTSUKA" does not identify a living individual.

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: /bbh/     Date: 06/11/2008
Signatory's Name: B. Brett Heavner
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: 77300289
Internet Transmission Date: Wed Jun 11 10:53:19 EDT 2008
TEAS Stamp: USPTO/ROA-XX.XXX.X.X-2008061110531943934
7-77300289-420e722d2693db2b303d886532101
7619-N/A-N/A-20080611104752188384