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. 77419739 has been amended as follows:

ADDITIONAL STATEMENTS
Disclaimer
No claim is made to the exclusive right to use "Supply, Inc" or "National Garden Wholesale" apart from the mark as shown.

Description of mark
The mark consists of a design of a sun shape, a drip shape and a leaf shape, all overlapping. The drip has a blue and dark blue bottom, with a yellow and light blue top; the sun is dark yellow, light yellow, light blue and light green; the leaf is green, light green, light blue and dark blue. The white outline of the drip is background area and is not a part of the mark. Below the design is the black wording SUNLIGHT SUPPLY, INC. underlined in yellow, with black wording below that, NATIONAL GARDEN WHOLESALE.

Color Claim
The color(s) yellow, light yellow, blue, light blue, dark blue, green, light green, white is/are claimed as a feature of the mark.

Applicant is the owner of US Registration Nos. 2322209, 3188356 and 3274204. NOTE on Significance of Wording: The words "Supply," "National," and "Wholesale" are used under the normal definition of the words and are used in the trade industry also to mean that the ordering services are national in scope, on a wholesale basis and applicant is a garden supply source.

Significance of wording, letter(s), or numeral(s)
"Supply", "National" and "Wholesale" appearing in the mark means or signifies their literal meaning in the relevant trade or industry or as applied to the goods/services listed in the application.

SIGNATURE(S)
Declaration Signature
If the applicant is seeking registration under Section 1(b) and/or Section 44 of the Trademark Act, the applicant 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). 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). 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: /Robert J. Ireland/      Date: 10/28/2008
Signatory's Name: Robert J. Ireland
Signatory's Position: Attorney of Record

Response Signature
Signature: /Robert J. Ireland/     Date: 10/28/2008
Signatory's Name: Robert J. Ireland
Signatory's Position: Attorney of Record

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: 77419739
Internet Transmission Date: Tue Oct 28 15:04:16 EDT 2008
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XXX-200810281504167
12996-77419739-430f77a55941dd5be37722241
ee2bdcdae-N/A-N/A-20081028144747154199