IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
APPLICANT: Colgate-Palmolive Company
MARK: PALMOLIVE AROMA THERAPY SENSUAL
SERIAL NO.: 78/250383
FILING DATE: May 15, 2003
CLASS(ES): International class 3
EXAMINING ATTORNEY: Danielle I. Mattessich, Law Office 105
Commissioner for Trademarks
BOX RESPONSES ? NO FEE
2900 Crystal Drive
Arlington, VA 22202-3513
RESPONSE TO OFFICE ACTION
Sir,
This communication is in response to the Office Action dated November
29, 2003.
AMENDMENT
Identification of goods
Please delete the current identification of goods and amend the
identification of goods to read as follows:
"Personal care products, namely, soap, body wash; bath and shower
gels, bath foams; liquid hand soap; body and skin oils, lotions and
creams; shampoos, conditioners, hair lotions", in International class
3.
Filing basis
Please insert the following statement in the above-identified application.
"Applicant would like to rely solely on its intent to use the mark in
commerce as the basis for registration and not the expected foreign
registration, and to still claim the benefit of the priority filing
date".
Disclaimer
Please enter the following statement in the above-identified
application:
No claim is made to the exclusive right to use AROMA THERAPY
apart from the mark as shown.
RESPONSE
In accordance with the Examining Attorney's request concerning the
identification of goods, Applicant has amended the description of goods of
the subject application.
In accordance with the Examining Attorney's request concerning the
basis for registration, Applicant has entered a statement in the
application indicating that it has chosen to rely solely on its intent to
use the mark in commerce as the basis for registration and not the expected
foreign registration, but that it still wishes to claim the benefit of the
priority filing date.
In regard to the Examining Attorney's advisory note concerning
Applicant's country of origin, Applicant confirms, by virtue of the above
statement indicating the basis for registration that it is not relying on
section 44(e) as its basis for registration. Consequently, since the
Applicant is not relying on section 44(e), the requirement for the
Applicant to eventually submit evidence that it has a bona fide and
effective industrial or commercial establishment in France should not be
imposed.
The Examining Attorney has requested a disclaimer of the term "AROMA
THERAPY". Applicant has complied with the Examining Attorney's request
regarding the disclaimer.
Applicant has noted that the Examining Attorney has found no similar
registered or pending mark which would bar registration under Trademark Act
Section 2(d), 15 U.S.C. Section 1052(d).
Conclusion
In view of the above amendment, Applicant respectfully requests that
the application be passed to publication.
Respectfully submitted,
Dated: May 30, 2004 Colgate-Palmolive Company
New York, New York /Felicia G. Traub/
Felicia G. Traub,Esq.
Attorney for Applicant
Colgate-Palmolive Company
300 Park Avenue
New York, N.Y. 10022
(212) 310-3272
Email: Felicia_Traub@colpal.com
CERTIFICATE OF ELECTRONIC MAIL TRANSMISSION
Date: May 30, 2004
To Email Address: ecom105@uspto.gov
I hereby certify that this correspondence is being transmitted via
electronic mail to the United States Patent and Trademark Office under 37
CFR §1.8 on the date indicated above and is addressed to the Commissioner
for Trademarks, BOX RESPONSES ? NO FEE, 2900 Crystal Drive, Arlington, VA
22202-3513.
/CHELENECALABRESE/
C. Helene Calabrese
Mark: PALMOLIVE AROMA
THERAPY SENSUAL
Ser. No.: 78/250383