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 |
77638681 |
LAW OFFICE ASSIGNED |
LAW OFFICE 115 |
MARK SECTION (no change) |
GOODS AND/OR SERVICES SECTION (current) |
INTERNATIONAL CLASS |
025 |
DESCRIPTION |
House mark for a full line of footwear and inserts for footwear |
FIRST USE ANYWHERE DATE |
At least as early as 12/00/2008 |
FIRST USE IN COMMERCE DATE |
At least as early as 12/00/2008 |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (proposed) |
INTERNATIONAL CLASS |
025 |
DESCRIPTION |
House mark for a full line of footwear and inserts for footwear |
FIRST USE ANYWHERE DATE |
At least as early as 12/00/2008 |
FIRST USE IN COMMERCE DATE |
At least as early as 12/00/2008 |
STATEMENT TYPE |
"The substitute (or new, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing date of the
application"[for an application based on Section 1(a), Use in Commerce] OR "The substitute (or new, if appropriate) specimen(s) was/were in use in commerce prior either to the filing of
the Amendment to Allege Use or expiration of the filing deadline for filing a Statement of Use" [for an application based on Section 1(b) Intent-to-Use]. |
SPECIMEN
FILE NAME(S) |
\\TICRS\EXPORT11\IMAGEOUT 11\776\386\77638681\xml3\ ROA0002.JPG |
|
\\TICRS\EXPORT11\IMAGEOUT 11\776\386\77638681\xml3\ ROA0003.JPG |
|
\\TICRS\EXPORT11\IMAGEOUT 11\776\386\77638681\xml3\ ROA0004.JPG |
SPECIMEN DESCRIPTION |
Website pages from "shoes.com" showing all types of "DR. SCHOLL'S" full line footwear |
SIGNATURE SECTION |
DECLARATION SIGNATURE |
/Sophie B. Anger/ |
SIGNATORY'S NAME |
Sophie B. Anger |
SIGNATORY'S POSITION |
Attorney of record, New York bar |
DATE SIGNED |
08/06/2010 |
RESPONSE SIGNATURE |
/Sophie B. Anger/ |
SIGNATORY'S NAME |
Sophie B. Anger |
SIGNATORY'S POSITION |
Attorney of record, New York bar |
DATE SIGNED |
08/06/2010 |
AUTHORIZED SIGNATORY |
YES |
FILING INFORMATION SECTION |
SUBMIT DATE |
Fri Aug 06 14:50:00 EDT 2010 |
TEAS STAMP |
USPTO/ROA-XXX.XXX.XXX.X-2
0100806145000224344-77638
681-47092e9fb6540117f9486
4c1fdab6fc8ad-N/A-N/A-201
00806141156668565 |
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.
77638681 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 025 for House mark for a full line of footwear and inserts for footwear
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)).
In International Class 025, the mark was first used at least as early as 12/00/2008 and first used in commerce at least as early as 12/00/2008.
Proposed: Class 025 for House mark for a full line of footwear and inserts for footwear
Deleted Filing Basis: 1(b)
In International Class 025, the mark was first used at least as early as 12/00/2008. and first used in commerce at least as early as 12/00/2008.
Applicant hereby submits a new specimen for Class 025. The specimen(s) submitted consists of Website pages from "shoes.com" showing all types of "DR. SCHOLL'S" full line footwear.
"
The substitute (or new, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing date of the application"[for an application based on Section 1(a), Use in
Commerce] OR "
The substitute (or new, if appropriate) specimen(s) was/were in use in commerce prior either to the filing of the Amendment to Allege Use or expiration of the filing deadline for
filing a Statement of Use"
[for an application based on Section 1(b) Intent-to-Use].
Specimen File1
Specimen File2
Specimen File3
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 and/or services listed in the application as of the application filing
date or as of the date of any submitted allegation of use. 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. 2.44. 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. Section 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. Section 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: /Sophie B. Anger/ Date: 08/06/2010
Signatory's Name: Sophie B. Anger
Signatory's Position: Attorney of record, New York bar
Response Signature
Signature: /Sophie B. Anger/ Date: 08/06/2010
Signatory's Name: Sophie B. Anger
Signatory's Position: Attorney of record, New York bar
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: 77638681
Internet Transmission Date: Fri Aug 06 14:50:00 EDT 2010
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.X-2010080614500022
4344-77638681-47092e9fb6540117f94864c1fd
ab6fc8ad-N/A-N/A-20100806141156668565