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. 77692696 has been amended as follows:

ARGUMENT(S)
In response to the substantive refusal(s), please note the following:

The Examining Attorney has issued a Priority Action requesting an amendment to the identification of goods.  The Examining Attorney has suggested the following descriptions:

"Liquid (specify dietary, nutritional or mineral) supplement comprised of nanosilver bonded to water for therapeutic purposes," in class 5; and

"Mineral water enhanced with nanosilver for therapeutic purposes," in class 32.

The Applicant requests the following amendment to the identification of goods:

"Liquid mineral supplement comprised of nanosilver bonded to water for therapeutic purposes," in Class 5; and

"Mineral water enhanced with nanosilver for therapeutic purposes," in Class 32

Applicant submits with this response a filing fee to cover the addition of Class 32.

Although Applicant essentially accepts the identification of goods proposed by the Examining Attorney, Applicant would like to clarify for the record that the goods are intended to exclusively provide a mineral electrodynamic boost to immune systems albeit providing negligible nutritional or dietary value.

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 005 for A liquid supplement comprised of nanosilver bonded to water intended for human consumption for therapeutic purposes
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 03/11/2008 and first used in commerce at least as early as 03/11/2008, and is now in use in such commerce.

Proposed:
Tracked Text Description: A liquid supplement comprised of nanosilver bonded to water intended for human consumption for therapeutic purposes; Liquid mineral supplement comprised of nanosilver bonded to water for therapeutic purposesClass 005 for Liquid mineral supplement comprised of nanosilver bonded to water for therapeutic purposes
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 03/11/2008 and first used in commerce at least as early as 03/11/2008, and is now in use in such commerce.
Applicant hereby adds the following class of goods/services to the application:
New: Class 032 for Mineral water enhanced with nanosilver for therapeutic purposes
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 03/11/2008 and first used in commerce at least as early as 03/11/2008, and is now in use in such commerce.
Applicant hereby submits a specimen for Class 032. The specimen(s) submitted consists of Display of the trademark at point of purchase.
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."
Original PDF file:
SPN0-199223121228-191758083_._OXYSILVER_New_Class_32_specimen.pdf
Converted PDF file(s) (4 pages)
Specimen File1
Specimen File2
Specimen File3
Specimen File4

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: /Leonard George Horowitz/      Date: 07/01/2009
Signatory's Name: Leonard George Horowitz
Signatory's Position: Owner

Response Signature
Signature: /Karen Wetherell Davis/     Date: 07/01/2009
Signatory's Name: Karen Wetherell Davis
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: 10443
RAM Accounting Date: 07/02/2009
        
Serial Number: 77692696
Internet Transmission Date: Thu Jul 02 12:45:16 EDT 2009
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.XXX-20090702124516
859969-77692696-430e8565a71bf70ef523daab
31f6fc62f-ET-10443-20090630191758083518