PTO Form 1957 (Rev 9/2005) |
OMB No. 0651-0050 (Exp. 04/2009) |
Response to Office Action
The table below presents the data as entered.
Input Field
|
Entered
|
SERIAL NUMBER |
77423178 |
LAW OFFICE ASSIGNED |
LAW OFFICE 101 |
MARK SECTION (no change) |
ADDITIONAL STATEMENTS SECTION |
DISCLAIMER |
"No claim is made to the exclusive right to use SMOOTHIE apart from the mark as shown." |
DESCRIPTION OF THE MARK
(and Color Location, if applicable) |
"The mark consists of a yellow circle with green border, brown and green palm tree with brown monkey hanging on left side; SMOOTHIE FACTOR is
black, as are the outlines of the tree and monkey." |
COLOR(S) CLAIMED
(If applicable) |
"The color(s) yellow, green, brown, and black is/are claimed as a feature of the mark." |
SIGNATURE SECTION |
DECLARATION SIGNATURE |
/Dale Miller/ |
SIGNATORY'S NAME |
Dale Miller |
SIGNATORY'S POSITION |
Owner |
DATE SIGNED |
06/30/2008 |
RESPONSE SIGNATURE |
/Dale Miller/ |
SIGNATORY'S NAME |
Dale Miller |
SIGNATORY'S POSITION |
Owner |
DATE SIGNED |
06/30/2008 |
AUTHORIZED SIGNATORY |
YES |
FILING INFORMATION SECTION |
SUBMIT DATE |
Mon Jun 30 20:42:19 EDT 2008 |
TEAS STAMP |
USPTO/ROA-XX.X.XX.XX-2008
0630204219326245-77423178
-420ebea5fe66becee3685861
7040bbf5d6-N/A-N/A-200806
30202945023294 |
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.
77423178 has been amended as follows:
ADDITIONAL STATEMENTS
Disclaimer
"No claim is made to the exclusive right to use SMOOTHIE apart from the mark as shown."
Description of mark
"The mark consists of a yellow circle with green border, brown and green palm tree with brown monkey hanging on left side; SMOOTHIE FACTOR is black, as are the outlines of the tree and monkey."
Color Claim
"The color(s) yellow, green, brown, and black is/are claimed as a feature of the mark."
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: /Dale Miller/ Date: 06/30/2008
Signatory's Name: Dale Miller
Signatory's Position: Owner
Response Signature
Signature: /Dale Miller/ Date: 06/30/2008
Signatory's Name: Dale Miller
Signatory's Position: Owner
The signatory has confirmed that he/she is not represented by either an authorized attorney or Canadian attorney/agent, and that he/she is either (1) the applicant or (2) a person(s) with legal
authority to bind the applicant; and if an authorized U.S. attorney or Canadian attorney/agent previously represented him/her in this matter, either he/she has filed a signed revocation of power of
attorney with the USPTO or the USPTO has granted the request of his/her prior representative to withdraw.
Serial Number: 77423178
Internet Transmission Date: Mon Jun 30 20:42:19 EDT 2008
TEAS Stamp: USPTO/ROA-XX.X.XX.XX-2008063020421932624
5-77423178-420ebea5fe66becee36858617040b
bf5d6-N/A-N/A-20080630202945023294