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. 77702772 has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant hereby deletes the following class of goods/services from the application.
Class 028 for sex toys

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 010 for sex aides; marital aides; penis pumps
Original Filing Basis:
Filing Basis: Section 44(e), Based on Foreign Registration: Applicant has a bona fide intention to use the mark in commerce on or in connection with the identified goods and /or services, and submits a copy of [ European Community registration number 005210224 registered 05/29/2007 with a renewal date of __________ and an expiration date of 07/04/2016 ], and translation thereof, if appropriate. 15 U.S.C. Section 1126(e), as amended.

Proposed:
Tracked Text Description: sex aides; penis pumps; marital aidesClass 010 for penis pumps
Filing Basis: Section 44(e), Based on Foreign Registration: Applicant has a bona fide intention to use the mark in commerce on or in connection with the identified goods and /or services, and submits a copy of [ European Community registration number 005210224 registered 05/29/2007 with a renewal date of __________ and an expiration date of 07/04/2016 ], and translation thereof, if appropriate. 15 U.S.C. Section 1126(e), as amended.
Original PDF file:
FRU0-64308226-124321509_._BATHMATE_CTM.pdf
Converted PDF file(s) (3 pages)
Foreign Registration-1
Foreign Registration-2
Foreign Registration-3

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 016 for printed matter; instructional material; packaging; bags for packaging; boxes of cardboard or paper; all of the aforementioned goods being associated with or relating to sex aides, sex toys, marital aides or penis pumps
Original Filing Basis:
Filing Basis: Section 44(e), Based on Foreign Registration: Applicant has a bona fide intention to use the mark in commerce on or in connection with the identified goods and /or services, and submits a copy of [ European Community registration number 005210224 registered 05/29/2007 with a renewal date of __________ and an expiration date of 07/04/2016 ], and translation thereof, if appropriate. 15 U.S.C. Section 1126(e), as amended.

Proposed:
Tracked Text Description: printed matter; printed matter being instructional material; instructional material; bags for packaging; packaging; boxes of cardboard or paper for packaging; all of the aforementioned goods being associated with or relating to penis pumps; boxes of cardboard or paper; all of the aforementioned goods being associated with or relating to sex aides, sex toys, marital aides or penis pumpsClass 016 for printed matter being instructional material; bags for packaging; boxes of cardboard or paper for packaging; all of the aforementioned goods being associated with or relating to penis pumps
Filing Basis: Section 44(e), Based on Foreign Registration: Applicant has a bona fide intention to use the mark in commerce on or in connection with the identified goods and /or services, and will submit a copy of [ European Community registration number 005210224 registered 05/29/2007 with a renewal date of __________ and an expiration date of 07/04/2016 ], and translation thereof, if appropriate, before the application may proceed to registration. 15 U.S.C. Section 1126(e), as amended.

SIGNATURE(S)
Response Signature
Signature: /Peter Kunin/     Date: 12/23/2009
Signatory's Name: Peter Kunin
Signatory's Position: Attorney of record, VT 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: 77702772
Internet Transmission Date: Wed Dec 23 13:16:45 EST 2009
TEAS Stamp: USPTO/ROA-XX.XX.X.XXX-200912231316451954
14-77702772-460bec9d5fb4d90ebc98ee1a0c1b
48cadaa-N/A-N/A-20091223124321509607