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. 77568424 has been amended as follows:

MARK
Applicant proposes to amend the mark as follows:
Current: LEADER (Stylized and/or with Design)
Color is not claimed as a feature of the mark.
The mark consists of the text and graphics as shown in the accompanying drawing.

Proposed: LEADER (Stylized and/or with Design, see mark)

The color(s) Color is not claimed as a feature of the mark. is/are claimed as a feature of the mark.

The mark consists of concentric oblong designs containing the term "LEADER".

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 003 for house mark for a full line of cosmetics, toiletries and beauty preparations
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 12/31/1994 and first used in commerce at least as early as 12/31/1994, and is now in use in such commerce.

Proposed:
Tracked Text Description: house mark for a full line of cosmetics, toiletries and beauty preparations; mouthwash, skin cleanser, skin lotionClass 003 for mouthwash, skin cleanser, skin lotion
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 12/31/1994 and first used in commerce at least as early as 12/31/1994, and is now in use in such commerce.
Applicant hereby submits a new specimen for Class 003. The specimen(s) submitted consists of photographs of products.
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."
Specimen File1
Specimen File2
Specimen File3

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 005 for house mark for a full line of pharmaceutical preparations
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 12/31/1994 and first used in commerce at least as early as 12/31/1994, and is now in use in such commerce.

Proposed:
Tracked Text Description: house mark for a full line of pharmaceutical preparations; pharmaceutical preparations: acne cream, aspirin, antibiotic cream and ointment, pediatric electrolyte, antihistamines and vitamins.Class 005 for pharmaceutical preparations: acne cream, aspirin, antibiotic cream and ointment, pediatric electrolyte, antihistamines and vitamins.
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 12/31/1994 and first used in commerce at least as early as 12/31/1994, and is now in use in such commerce.
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 035 for retail pharmacy services; third party pharmaceutical prescription plan services offered to member drug stores, namely, advertising, marketing, business consulting and purchasing; administration of pharmaceutical prescription benefit plans offered to employers; business consultation in the field of pharmacy
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 12/31/1994 and first used in commerce at least as early as 12/31/1994, and is now in use in such commerce.

Proposed:
Tracked Text Description: retail pharmacy services; third party pharmaceutical prescription plan services offered to member drug stores, namely, advertising, marketing, business consulting and purchasing; third party pharmaceutical prescription plan services offered to member drug stores, namely, advertising, marketing, business consulting and purchasing pharmaceuticals; administration of pharmaceutical prescription benefit plans offered to employers; business consultation in the field of pharmacyClass 035 for retail pharmacy services; third party pharmaceutical prescription plan services offered to member drug stores, namely, advertising, marketing, business consulting and purchasing pharmaceuticals; business consultation in the field of pharmacy
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 12/31/1994 and first used in commerce at least as early as 12/31/1994, and is now in use in such commerce.
Applicant hereby adds the following class of goods/services to the application:
New: Class 036 for Administration of pharmaceutical prescription benefit plans for employers.
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 12/31/1994 and first used in commerce at least as early as 12/31/1994, and is now in use in such commerce.

ADDITIONAL STATEMENTS

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: /Joseph R. Dreitler/      Date: 06/19/2009
Signatory's Name: Joseph R. Dreitler
Signatory's Position: Attorney of Record

Response Signature
Signature: /Joseph R. Dreitler/     Date: 06/19/2009
Signatory's Name: Joseph R. Dreitler
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.

        
RAM Sale Number: 3022
RAM Accounting Date: 06/22/2009
        
Serial Number: 77568424
Internet Transmission Date: Fri Jun 19 16:52:58 EDT 2009
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.X-2009061916525801
5446-77568424-43052f52f6b62fee929ee01f6d
52e3db9-DA-3022-20090619161905135816