Response to Office Action

OZERI

COMMONPATH, LLC

Response to Office Action

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 77787859
LAW OFFICE ASSIGNED LAW OFFICE 109
MARK SECTION (no change)
GOODS AND/OR SERVICES SECTION (003)(class deleted)
INTERNATIONAL CLASS 003
DESCRIPTION
Cosmetics and cleaning preparations; Hand tools; Electrical and scientific apparatus; Environmental control apparatus; Jewelry; Housewares and glass; Clothing; On-line retail store services
FILING BASIS Section 1(b)
GOODS AND/OR SERVICES SECTION (009)(class added)Original Class (003)
INTERNATIONAL CLASS 009
DESCRIPTION
Consumer electronic products, namely digital kitchen scales and bathroom scales
FILING BASIS Section 1(b)
GOODS AND/OR SERVICES SECTION (021)(class added)
INTERNATIONAL CLASS 021
DESCRIPTION
small household electrical appliances, namely wine bottle openers
FILING BASIS Section 1(a)
       STATEMENT TYPE For an application based on 1(b), Intent-to-Use, "The substitute specimen(s) was in use in commerce prior to expiration of the filing deadline for filing a Statement of Use (SOU)."
FILING BASIS Section 1(b)
GOODS AND/OR SERVICES SECTION (035)(class added)
INTERNATIONAL CLASS 035
DESCRIPTION
Online retail store services featuring consumer electronic products, namely digital kitchen scales and bathroom scales and small electrical appliances, namely wine bottle openers
FILING BASIS Section 1(b)
PAYMENT SECTION
NUMBER OF CLASSES 2
FEE PER CLASS 325
TOTAL FEES DUE 650
SIGNATURE SECTION
DECLARATION SIGNATURE /wah/
SIGNATORY'S NAME William Huckestein
SIGNATORY'S POSITION Partner
DATE SIGNED 11/03/2009
RESPONSE SIGNATURE /Thomas D. Foster/
SIGNATORY'S NAME Thomas D. Foster
SIGNATORY'S POSITION Attorney of record, California bar member
DATE SIGNED 11/03/2009
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Tue Nov 03 19:00:04 EST 2009
TEAS STAMP USPTO/ROA-XX.XXX.XXX.XXX-
20091103190004934214-7778
7859-4602ad0d786bcc2a0e13
a70e55b6b39a4-CC-4895-200
91103163955873599



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. 77787859 has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant hereby deletes the following class of goods/services from the application.
Class 003 for Cosmetics and cleaning preparations; Hand tools; Electrical and scientific apparatus; Environmental control apparatus; Jewelry; Housewares and glass; Clothing; On-line retail store services

Applicant hereby adds the following class of goods/services to the application:
New: Class 009 (Original Class: 003 ) for Consumer electronic products, namely digital kitchen scales and bathroom scales
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 021 for small household electrical appliances, namely wine bottle openers
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)).

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.
Applicant hereby submits a specimen for Class 021.
For an application based on 1(b), Intent-to-Use, "The substitute specimen(s) was in use in commerce prior to expiration of the filing deadline for filing a Statement of Use (SOU)."

Applicant hereby adds the following class of goods/services to the application:
New: Class 035 for Online retail store services featuring consumer electronic products, namely digital kitchen scales and bathroom scales and small electrical appliances, namely wine bottle openers
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 $650 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: /wah/      Date: 11/03/2009
Signatory's Name: William Huckestein
Signatory's Position: Partner

Response Signature
Signature: /Thomas D. Foster/     Date: 11/03/2009
Signatory's Name: Thomas D. Foster
Signatory's Position: Attorney of record, California 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.

        
RAM Sale Number: 4895
RAM Accounting Date: 11/04/2009
        
Serial Number: 77787859
Internet Transmission Date: Tue Nov 03 19:00:04 EST 2009
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XXX-200911031900049
34214-77787859-4602ad0d786bcc2a0e13a70e5
5b6b39a4-CC-4895-20091103163955873599


Response to Office Action [image/jpeg]


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