Response to Office Action

BOOTS

BOOTS RETAIL HOLDINGS (USA) INC.

Response to Office Action

PTO Form 1957 (Rev 8/2005)
OMB Control #0651-0050 (Exp. 04/30/2006)

Response to Office Action


The table below presents the data as entered.

Input Field
Entered
SERIAL NUMBER 78159439
MARK SECTION (no change)
GOODS AND/OR SERVICES SECTION (1st class)(current)
INTERNATIONAL CLASS 035
DESCRIPTION RETAIL PHARMACY SERVICES
FILING BASIS Section 1(a)
        FIRST USE ANYWHERE DATE 02/14/2004
        FIRST USE IN COMMERCE DATE 02/14/2004
FILING BASIS Section 1(b)
GOODS AND/OR SERVICES SECTION (1st class)(proposed)
INTERNATIONAL CLASS 035
DESCRIPTION RETAIL PHARMACY SERVICES
FILING BASIS Section 1(a)
        FIRST USE ANYWHERE DATE 02/14/2004
        FIRST USE IN COMMERCE DATE 02/14/2004
        STATEMENT TYPE The substitute specimen(s) was in use in commerce prior to expiration of the filing deadline for filing a Statement of Use (SOU).
        SPECIMEN FILE NAME(S) \\TICRS\EXPORT10\IMAGEOUT 10\781\594\78159439\xml2\ ROA0002.JPG
        SPECIMEN DESCRIPTION billboard advertisement for the services
FILING BASIS Section 1(b)
GOODS AND/OR SERVICES SECTION (2nd class)(current)
INTERNATIONAL CLASS 044
DESCRIPTION
BEAUTY SALON, MAKEUP, MANICURE AND PEDICURE SERVICES; SKIN CARE SALONS FEATURING THE APPLICATION OF TOILETRY PRODUCTS FOR THE FACE AND BODY; MASSAGE SERVICES; AROMATHERAPY SERVICES; SUNTANNING SERVICES; HEALTHCARE SERVICES; HEALTHCARE SERVICES, NAMELY, HEALTH SCREENING SERVICES; MEDICAL COUNSELING SERVICES RELATING TO DIET, EXERCISE, LIFE STYLE AND HEALTHCARE; DENTAL HYGIENIST SERVICES; DENTIST SERVICES AND DENTAL CARE COUNSELING SERVICES; MICROBIOLOGICAL TESTING FOR MEDICAL PURPOSES
FILING BASIS Section 1(a)
        FIRST USE ANYWHERE DATE 02/14/2004
        FIRST USE IN COMMERCE DATE 02/14/2004
FILING BASIS Section 1(b)
GOODS AND/OR SERVICES SECTION (2nd class)(proposed)
INTERNATIONAL CLASS 044
DESCRIPTION
BEAUTY SALON, MAKEUP, MANICURE AND PEDICURE SERVICES; SKIN CARE SALONS FEATURING THE APPLICATION OF TOILETRY PRODUCTS FOR THE FACE AND BODY; MASSAGE SERVICES; AROMATHERAPY SERVICES; SUNTANNING SERVICES; HEALTHCARE SERVICES; HEALTHCARE SERVICES, NAMELY, HEALTH SCREENING SERVICES; MEDICAL COUNSELING SERVICES RELATING TO DIET, EXERCISE, LIFE STYLE AND HEALTHCARE; DENTAL HYGIENIST SERVICES; DENTIST SERVICES AND DENTAL CARE COUNSELING SERVICES; MICROBIOLOGICAL TESTING FOR MEDICAL PURPOSES
FILING BASIS Section 1(a)
        FIRST USE ANYWHERE DATE 02/14/2004
        FIRST USE IN COMMERCE DATE 02/14/2004
        STATEMENT TYPE The substitute specimen(s) was in use in commerce prior to expiration of the filing deadline for filing a Statement of Use (SOU).
        SPECIMEN FILE NAME(S) \\TICRS\EXPORT10\IMAGEOUT 10\781\594\78159439\xml2\ ROA0003.JPG
        SPECIMEN DESCRIPTION advertisement for the services
FILING BASIS Section 1(b)
SIGNATURE SECTION
DECLARATION SIGNATURE /ft/
SIGNATORY NAME Frank Terranella
SIGNATORY POSITION Attorney for Applicant
SIGNATURE DATE 05/16/2005
RESPONSE SIGNATURE /ft/
SIGNATORY NAME Frank Terranella
SIGNATORY POSITION Attorney for Applicant
SIGNATURE DATE 05/16/2005
FILING INFORMATION SECTION
SUBMIT DATE Mon May 16 15:07:01 EDT 2005
TEAS STAMP USPTO/OA-XXXXXXXXX-200505
16150701003171-78159439-2
00fdce34b9ca8184b159d8583
ec11cc1f-N-N-200505161505
23362992



PTO Form 1957 (Rev 8/2005)
OMB Control #0651-0050 (Exp. 04/30/2006)

Response to Office Action


To the Commissioner for Trademarks:

Application serial no. 78159439 is amended as follows:    
        
Classification and Listing of Goods/Services
Applicant hereby amends the following class of goods/services in the application as follows:
Current: Class 035 for RETAIL PHARMACY SERVICES
Original Filing Basis: 1(b); and/or 1(a).
Proposed: Class 035 for RETAIL PHARMACY SERVICES
Section 1(a), Use in Commerce: The mark was first used at least as early as 02/14/2004 and first used in commerce at least as early as 02/14/2004, and is now in use in such commerce.
Applicant hereby submits a specimen for Class 035.
The specimen(s) submitted consists of billboard advertisement for the services.
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)."
Specimen-1
        
Applicant hereby amends the following class of goods/services in the application as follows:
Current: Class 044 for BEAUTY SALON, MAKEUP, MANICURE AND PEDICURE SERVICES; SKIN CARE SALONS FEATURING THE APPLICATION OF TOILETRY PRODUCTS FOR THE FACE AND BODY; MASSAGE SERVICES; AROMATHERAPY SERVICES; SUNTANNING SERVICES; HEALTHCARE SERVICES; HEALTHCARE SERVICES, NAMELY, HEALTH SCREENING SERVICES; MEDICAL COUNSELING SERVICES RELATING TO DIET, EXERCISE, LIFE STYLE AND HEALTHCARE; DENTAL HYGIENIST SERVICES; DENTIST SERVICES AND DENTAL CARE COUNSELING SERVICES; MICROBIOLOGICAL TESTING FOR MEDICAL PURPOSES
Original Filing Basis: 1(b); and/or 1(a).
Proposed: Class 044 for BEAUTY SALON, MAKEUP, MANICURE AND PEDICURE SERVICES; SKIN CARE SALONS FEATURING THE APPLICATION OF TOILETRY PRODUCTS FOR THE FACE AND BODY; MASSAGE SERVICES; AROMATHERAPY SERVICES; SUNTANNING SERVICES; HEALTHCARE SERVICES; HEALTHCARE SERVICES, NAMELY, HEALTH SCREENING SERVICES; MEDICAL COUNSELING SERVICES RELATING TO DIET, EXERCISE, LIFE STYLE AND HEALTHCARE; DENTAL HYGIENIST SERVICES; DENTIST SERVICES AND DENTAL CARE COUNSELING SERVICES; MICROBIOLOGICAL TESTING FOR MEDICAL PURPOSES
Section 1(a), Use in Commerce: The mark was first used at least as early as 02/14/2004 and first used in commerce at least as early as 02/14/2004, and is now in use in such commerce.
Applicant hereby submits a specimen for Class 044.
The specimen(s) submitted consists of advertisement for the services.
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)."
Specimen-1
        
Declaration Signature
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: /ft/      Date: 05/16/2005
Signatory's Name: Frank Terranella
Signatory's Position: Attorney for Applicant
        
Response Signature
        
Signature: /ft/     Date: 05/16/2005
Signatory's Name: Frank Terranella
Signatory's Position: Attorney for Applicant
        
        
        
Serial Number: 78159439
Internet Transmission Date: Mon May 16 15:07:01 EDT 2005
TEAS Stamp: USPTO/OA-XXXXXXXXX-20050516150701003171-
78159439-200fdce34b9ca8184b159d8583ec11c
c1f-N-N-20050516150523362992



Response to Office Action [image/jpeg]

Response to Office Action [image/jpeg]


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