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. 77838404 has been amended as follows:

MARK
Applicant proposes to amend the mark as follows:
Current: GUSTO (Stylized and/or with Design)
The color(s) gold, red, blue, white, green is/are claimed as a feature of the mark.
The mark consists of red bold letters on gold and green banner, blue and white striped shield above with gold knights helmet and red and gold plummage surrounding.

Proposed: GUSTO (Stylized and/or with Design, see mark)



The color(s) gold, red, blue, white, green is/are claimed as a feature of the mark.

The mark consists of red bold letters on gold and green banner, blue and white striped shield above with gold knights helmet and red and gold plummage surrounding.

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 029 for Olive oil; Olive oil; Olive oils
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 09/01/2009 and first used in commerce at least as early as 09/01/2009, and is now in use in such commerce.

Proposed:
Tracked Text Description: Olive oil; Olive oil; Olive oilsClass 029 for Olive oil; Olive oils
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 01/01/2010 and first used in commerce at least as early as 01/01/2010, and is now in use in such commerce.
Applicant hereby submits a new specimen for Class 029. The specimen(s) submitted consists of Jpeg photo of olive oil tin cans for consumer use.
"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

APPLICANT AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: MedOil, LLC., a limited liability company legally organized under the laws of Ohio, having an address of
      401 Shotwell Drive
      Franklin, Ohio 45005
      United States

      937-401-0821
      937-424-8759
Proposed: Olivamed, LLC., a limited liability company legally organized under the laws of Ohio, having an address of
      401 Shotwell Drive
      Franklin, Ohio 45005
      United States
      XXXX
      937-401-0821
      937-424-8759

ADDITIONAL STATEMENTS
Translation
The English translation of Gusto in the mark is Taste.

Disclaimer
No claim is made to the exclusive right to use Gusto apart from the mark as shown.

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: /Tony Fultz/      Date: 07/04/2010
Signatory's Name: Tony Fultz
Signatory's Position: National Account Manager

Response Signature
Signature: /Tony Fultz/     Date: 07/04/2010
Signatory's Name: Tony Fultz
Signatory's Position: National Account Manager

The signatory has confirmed that he/she is not represented by either an authorized attorney or Canadian attorney/agent, and that he/she is either (1) the applicant or (2) a person(s) with legal authority to bind the applicant; and if an authorized U.S. attorney or Canadian attorney/agent previously represented him/her in this matter, either he/she has filed a signed revocation of power of attorney with the USPTO or the USPTO has granted the request of his/her prior representative to withdraw.

        
Serial Number: 77838404
Internet Transmission Date: Sun Jul 04 18:57:41 EDT 2010
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XX-2010070418574144
3940-77838404-460fdcfb6b613221ca21ade89a
ae119ecd-N/A-N/A-20100704183503898622