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. 77674477 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 003 for Medicated soap and shampoo; skin soap; liquid soap for hand, face and body; deodorant soap; disinfectant body soap; and disinfectant skin soaps; hair shampoo; cleaning preparations for cleaning the following: hands and body, glassware, metals, ceramics, dried blood, plasma, mucus and other body soils from surgical instruments, laboratory glassware, syringes, needles and other instrumentation, lenses, mirrors and reflectors
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:
Tracked Text Description: Medicated soap and shampoo; Skin soap; liquid soap for hand, face and body; deodorant soap; disinfectant body soap; and disinfectant skin soaps; hair shampoo; cleaning preparations for cleaning the following: hands and body, glassware, metals, ceramics, dried blood, plasma, mucus and other body soils from surgical instruments, laboratory glassware, syringes, needles and other instrumentation, lenses, mirrors and reflectorsClass 003 for Skin soap; liquid soap for hand, face and body; deodorant soap; disinfectant body soap; and disinfectant skin soaps; hair shampoo; cleaning preparations for cleaning the following: hands and body, glassware, metals, ceramics, dried blood, plasma, mucus and other body soils from surgical instruments, laboratory glassware, syringes, needles and other instrumentation, lenses, mirrors and reflectors
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 hereby adds the following class of goods/services to the application:
New: Class 005 for Medicated soap and shampoo
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)).

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 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. 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. Section1001, 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. Section1051(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: 09/24/2009
Signatory's Name: Joseph R. Dreitler
Signatory's Position: Attorney of Record

Response Signature
Signature: /Joseph R. Dreitler/     Date: 09/24/2009
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: 9847
RAM Accounting Date: 09/24/2009
        
Serial Number: 77674477
Internet Transmission Date: Thu Sep 24 10:07:57 EDT 2009
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.X-2009092410075787
5903-77674477-460b441cd85c9c4ea4f7422893
fee584-DA-9847-20090924100258573794