PTO Form 1957 (Rev 9/2005) |
OMB No. 0651-0050 (Exp. 04/30/2011) |
Response to Office Action
The table below presents the data as entered.
Input Field
|
Entered
|
SERIAL NUMBER |
77504616 |
LAW OFFICE ASSIGNED |
LAW OFFICE 106 |
MARK SECTION (no change) |
GOODS AND/OR SERVICES SECTION (current) |
INTERNATIONAL CLASS |
021 |
DESCRIPTION |
mouse traps and rat traps |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (proposed) |
INTERNATIONAL CLASS |
021 |
DESCRIPTION |
mouse traps and rat traps |
FIRST USE ANYWHERE DATE |
At least as early as 12/21/2008 |
FIRST USE IN COMMERCE DATE |
At least as early as 12/21/2008 |
STATEMENT TYPE |
For an application based on 1(b), Intent-to-Use, "The substitute specimen(s) was in use in commerce prior to the filing of the Amendment to
Allege Use (AAU)." |
SPECIMEN
FILE NAME(S) |
\\TICRS\EXPORT6\IMAGEOUT6 \775\046\77504616\xml1\RO A0002.JPG |
SPECIMEN DESCRIPTION |
photocopy of a photograph of a product package |
ADDITIONAL STATEMENTS SECTION |
PRIOR REGISTRATION(S) |
Applicant claims ownership of U.S. Registration Number(s) 0121042, 0654963. |
CORRESPONDENCE SECTION |
ORIGINAL ADDRESS |
SUSAN E. HOLLANDER, ESQ.
MANATT, PHELPS & PHILLIPS, LLP
1001 PAGE MILL RD BLDG 2
PALO ALTO, CA 94304-1008
|
NEW CORRESPONDENCE SECTION |
NAME |
Susan E. Hollander, Esq. |
FIRM NAME |
MANATT, PHELPS & PHILLIPS, LLP |
STREET |
1001 Page Mill Road, Building 2 |
CITY |
Palo Alto |
STATE |
California |
ZIP/POSTAL CODE |
94304 |
COUNTRY |
United States |
PHONE |
650-812-1300 |
FAX |
650-213-0260 |
EMAIL |
patrademarks@manatt.com |
AUTHORIZED EMAIL COMMUNICATION |
Yes |
SIGNATURE SECTION |
DECLARATION SIGNATURE |
/Gail I. Nevius Abbas/ |
SIGNATORY'S NAME |
Gail I. Nevius Abbas, Esq. |
SIGNATORY'S POSITION |
Attorney for Applicant |
DATE SIGNED |
02/24/2009 |
RESPONSE SIGNATURE |
/Gail I. Nevius Abbas/ |
SIGNATORY'S NAME |
Gail I. Nevius Abbas, Esq. |
SIGNATORY'S POSITION |
Attoreny for Applicant |
DATE SIGNED |
02/24/2009 |
AUTHORIZED SIGNATORY |
YES |
FILING INFORMATION SECTION |
SUBMIT DATE |
Tue Feb 24 16:10:26 EST 2009 |
TEAS STAMP |
USPTO/ROA-XX.XX.XXX.XX-20
090224161026008490-775046
16-440cea554f53b332bfed62
facd7bddfcb4e-N/A-N/A-200
90224152936337710 |
PTO Form 1957 (Rev 9/2005) |
OMB No. 0651-0050 (Exp. 04/30/2011) |
Response to Office Action
To the Commissioner for Trademarks:
Application serial no.
77504616 has been amended as follows:
CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 021 for mouse traps and rat traps
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 021 for mouse traps and rat traps
Deleted Filing Basis: 1(b)
In International Class 021, the mark was first used at least as early as 12/21/2008. and first used in commerce at least as early as 12/21/2008.
Applicant hereby submits a new specimen for Class 021. The specimen(s) submitted consists of photocopy of a photograph of a product package.
For an application based on 1(b), Intent-to-Use, "The substitute specimen(s) was in use in commerce prior to the filing of the Amendment to Allege Use (AAU)."
Specimen File1
CORRESPONDENCE ADDRESS CHANGE
Applicant proposes to amend the following:
Current:
SUSAN E. HOLLANDER, ESQ.
MANATT, PHELPS & PHILLIPS, LLP
1001 PAGE MILL RD BLDG 2
PALO ALTO, CA 94304-1008
Proposed:
Susan E. Hollander, Esq. of MANATT, PHELPS & PHILLIPS, LLP, having an address of
1001 Page Mill Road, Building 2 Palo Alto, California 94304
United States
patrademarks@manatt.com
650-812-1300
650-213-0260
ADDITIONAL STATEMENTS
Claim of Prior Registration(s)
Applicant claims ownership of U.S. Registration Number(s) 0121042, 0654963.
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: /Gail I. Nevius Abbas/ Date: 02/24/2009
Signatory's Name: Gail I. Nevius Abbas, Esq.
Signatory's Position: Attorney for Applicant
Response Signature
Signature: /Gail I. Nevius Abbas/ Date: 02/24/2009
Signatory's Name: Gail I. Nevius Abbas, Esq.
Signatory's Position: Attoreny 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.
Mailing Address: Susan E. Hollander, Esq.
MANATT, PHELPS & PHILLIPS, LLP
1001 Page Mill Road, Building 2
Palo Alto, California 94304
Serial Number: 77504616
Internet Transmission Date: Tue Feb 24 16:10:26 EST 2009
TEAS Stamp: USPTO/ROA-XX.XX.XXX.XX-20090224161026008
490-77504616-440cea554f53b332bfed62facd7
bddfcb4e-N/A-N/A-20090224152936337710