The following amendments and remarks are in response to the Office Action emailed October 2, 2008.
AMENDMENT
A. Identification of Goods and Services
Please amend the identification of goods and services in the application and drawing page to read
as follows:
Product packaging, namely, blister cards in International Class 16;
Product packaging containers of plastic in International Class 20; and
Merchandise packaging for others; packaging products to the order and specification of others in International Class 35
REMARKS
I. Recitation of Goods and Services
The Examining Attorney requested that Applicant amend the recitation of goods and
services on the grounds it was indefinite. Applicant hereby amends the recitation of goods and services; specifically, Applicant has amended its recitation of goods to product
packaging, namely, blister cards in International 16 and product packaging containers of plastic in International Class 20, based upon the Manual of Acceptable Identifications of Goods and
Services. This amendment narrows the scope of the goods and therefore respectfully submits that it satisfies PTO standards.
CONCLUSION
In light of the foregoing proposed amendment to the identification of
goods and services, Applicant respectfully requests that the application proceed to publication. If the Examining Attorney has any further questions that can be handled over the
telephone, Applicant requests the Examining Attorney to call Applicant's attorney.
GOODS AND/OR SERVICES SECTION (016)(current)
INTERNATIONAL CLASS
016
DESCRIPTION
product packaging, namely, blister packs and clamshell packaging
Application serial no. 77308958 has been amended as follows:
ARGUMENT(S) In response to the substantive refusal(s), please note the following:
The following amendments and remarks are in response to the Office Action emailed October 2, 2008.
AMENDMENT
A. Identification of Goods and Services
Please amend the identification of goods and services in the application and drawing page to read
as follows:
Product packaging, namely, blister cards in International Class 16;
Product packaging containers of plastic in International Class 20; and
Merchandise packaging for others; packaging products to the order and specification of others in International Class 35
REMARKS
I. Recitation of Goods and Services
The Examining Attorney requested that Applicant amend the recitation of goods and
services on the grounds it was indefinite. Applicant hereby amends the recitation of goods and services; specifically, Applicant has amended its recitation of goods to product
packaging, namely, blister cards in International 16 and product packaging containers of plastic in International Class 20, based upon the Manual of Acceptable Identifications of Goods and
Services. This amendment narrows the scope of the goods and therefore respectfully submits that it satisfies PTO standards.
CONCLUSION
In light of the foregoing proposed amendment to the identification of
goods and services, Applicant respectfully requests that the application proceed to publication. If the Examining Attorney has any further questions that can be handled over the
telephone, Applicant requests the Examining Attorney to call Applicant's attorney.
CLASSIFICATION AND LISTING OF GOODS/SERVICES Applicant proposes to amend the following class of goods/services in the application: Current: Class 016 for product packaging, namely, blister packs and clamshell packaging
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 05/02/2005 and first used in commerce at least as early as 05/02/2005, and is
now in use in such commerce.
Proposed: Tracked Text Description:product packaging, namely, blister packs and clamshell packaging; Product packaging, namely,
blister cardsClass 016 for Product packaging, namely, blister cards 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 05/02/2005 and first used in commerce at least as early as 05/02/2005, and is
now in use in such commerce. Applicant hereby adds the following class of goods/services to the application: New: Class 020 for Product packaging containers of plastic 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 05/02/2005 and first used in commerce at least as early as 05/02/2005, and is
now in use in such commerce.
Applicant hereby submits a specimen for Class 020. The specimen(s) submitted consists of photograph of front and back of applicant's 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." Original PDF file: SPN0-63139240150-202210841_._SOURCE1.034T_Class_20_Specimen.pdf Converted PDF file(s) (1 page) Specimen File1 Original PDF file: SPN0-63139240150-202210841_._SOURCE1.034T_Class_20_Specimen2.pdf Converted PDF file(s) (1 page) Specimen File1
FEE(S)
Fee(s) in the amount of $325 is being submitted.
SIGNATURE(S) Declaration Signature
If the applicant is seeking registration under Section 1(b) and/or Section 44 of the Trademark Act, the applicant has had 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. 37 C.F.R. Secs. 2.34(a)(2)(i); 2.34 (a)(3)(i); and
2.34(a)(4)(ii); and/or the applicant has had a bona fide intention to exercise legitimate control over the use of the mark in commerce by its members. 37 C.F. R. Sec. 2.44. If the applicant is
seeking registration under Section 1(a) of the Trademark Act, the mark was in use in commerce on or in connection with the goods or services listed in the application as of the application filing
date. 37 C.F.R. Secs. 2.34(a)(1)(i); and/or the applicant has exercised legitimate control over the use of the mark in commerce by its members. 37 C.F.R. Sec. 244. The undersigned, being hereby
warned that willful false statements and the like so made are punishable by fine or imprisonment, or both, under 18 U.S.C. §1001, and that such willful false statements may jeopardize the validity of
the application or any resulting registration, declares that he/she is properly authorized to execute this application on behalf of the applicant; he/she believes the applicant to be the owner of the
trademark/service mark sought to be registered, or, if the application is being filed under 15 U.S.C. §1051(b), he/she believes applicant to be entitled to use such mark in commerce; to the best of
his/her knowledge and belief no other person, firm, corporation, or association has the right to use the mark in commerce, either in the identical form thereof or in such near resemblance thereto as
to be likely, when used on or in connection with the goods/services of such other person, to cause confusion, or to cause mistake, or to deceive; that if the original application was submitted
unsigned, that all statements in the original application and this submission made of the declaration signer's knowledge are true; and all statements in the original application and this submission
made on information and belief are believed to be true.
Signature: /mtr/ Date: 04/02/2009
Signatory's Name: Michael T. Richmond
Signatory's Position: Attorney of Record, California Bar Member
Response Signature
Signature: /mtr/ Date: 04/02/2009
Signatory's Name: Michael T. Richmond
Signatory's Position: Attorney of Record, California Bar Member
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: 4156
RAM Accounting Date: 04/03/2009
Serial Number: 77308958
Internet Transmission Date: Thu Apr 02 20:43:47 EDT 2009
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XXX-200904022043477
24096-77308958-430c1248e8cd56a8e3150d1b6
f37d7d23f5-CC-4156-20090402202210841177
