Response to Office Action

PTO Form 1957 (Rev 9/2005)

OMB No. 0651-0050 (Exp. 04/30/2011)

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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. 77558703 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 040 for Manufacture of nutritional supplements, vitamins, pharmaceutical and therapeutic substances
Original Filing Basis:
The applicant, 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, but has not provided the dates of use by the applicant, or the applicant's related company, licensee, or predecessor in interest, of the mark on or in connection with the identified goods and/or services.

Proposed:
Tracked Text Description: Manufacture of nutritional supplements, vitamins, pharmaceutical and therapeutic substances; custom manufacturer of nutritional supplements, vitamins, pharmaceutical and therapeutic substances for othersClass 040 for custom manufacturer of nutritional supplements, vitamins, pharmaceutical and therapeutic substances for others
Deleted Filing Basis: 1(a)
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 Scientific research and development
Original Filing Basis:
The applicant, 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, but has not provided the dates of use by the applicant, or the applicant's related company, licensee, or predecessor in interest, of the mark on or in connection with the identified goods and/or services.

Proposed: Class 042 for Scientific research and development
Deleted Filing Basis: 1(a)
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
Disclaimer
No claim is made to the exclusive right to use pharmaceutical apart from the mark as shown.

Please delte the section 1(a) filing basis and substitute a section 1(b) filing basis.

SIGNATURE(S)
Declaration Signature
Original PDF file:
HS_124123114-153006410_._KV_PHARMACEUTICAL___Des_77558703.pdf
Converted PDF file(s) (1 page)
Signature File1
Signatory's Name: Pamela A. Jasinski
Signatory's Position: Secretary

Response Signature
Signature: /Jennifer L. Williston/     Date: 04/29/2009
Signatory's Name: Jennifer L. Williston
Signatory's Position: Attorney of Record, District of Columbia and North Carolina 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.

        
Serial Number: 77558703
Internet Transmission Date: Wed Apr 29 15:54:14 EDT 2009
TEAS Stamp: USPTO/ROA-XX.X.XXX.XXX-20090429155414976
130-77558703-430b39981343648b3f52749b8e7
3a45a9f-N/A-N/A-20090429153006410121