| PTO Form 1957 (Rev 8/2005) |
| OMB Control #0651-0050 (Exp. 04/30/2006) |
| Input Field |
Entered |
| SERIAL NUMBER | 78362828 |
| MARK SECTION (no change) | |
| GOODS AND/OR SERVICES SECTION (1st class)(current) | |
| INTERNATIONAL CLASS | 011 |
| DESCRIPTION | |
| battery operated fans used as personal accessories, namely handheld operated fans including those with flashing lights and writing tools, desk fans including both oscillating end non-oscillating, wearable fans including visor fans, necklace fans and wrist-mounted fans, tens mounted on or incorporating drinking vessels, clip-on fans or clamp-on fans, such as desk-mounted and vehicle mounted and with or without flexible necks, fans incorporating lamps or lights, end fans incorporating a decorative enclosure and for diffusing a fragrance | |
| FILING BASIS | Section 1(a) |
| FIRST USE ANYWHERE DATE | 12/11/2002 |
| FIRST USE IN COMMERCE DATE | 12/11/2002 |
| GOODS AND/OR SERVICES SECTION (1st class)(proposed) | |
| INTERNATIONAL CLASS | 011 |
| DESCRIPTION | |
| battery operated fans used as personal accessories, namely handheld operated fans including those with flashing lights and writing tools, desk fans including both oscillating end non-oscillating, wearable fans including visor fans, necklace fans and wrist-mounted fans, fans mounted on or incorporating drinking vessels, clip-on fans or clamp-on fans, such as desk-mounted and vehicle mounted and with or without flexible necks, fans incorporating lamps or lights, and fans incorporating a decorative enclosure and for diffusing a fragrance | |
| FILING BASIS | Section 1(a) |
| FIRST USE ANYWHERE DATE | 12/11/2002 |
| FIRST USE IN COMMERCE DATE | 12/11/2002 |
| GOODS AND/OR SERVICES SECTION (2nd class)(current) | |
| INTERNATIONAL CLASS | 021 |
| DESCRIPTION | |
| Drinking vessels, namely, water hydration packs and drinking bottles sold empty | |
| FILING BASIS | Section 1(a) |
| FIRST USE ANYWHERE DATE | 03/12/2003 |
| FIRST USE IN COMMERCE DATE | 03/12/2003 |
| GOODS AND/OR SERVICES SECTION (2nd class)(proposed) | |
| INTERNATIONAL CLASS | 021 |
| DESCRIPTION | |
| Drinking vessels, namely, water hydration packs and sports bottles sold empty | |
| FILING BASIS | Section 1(a) |
| FIRST USE ANYWHERE DATE | 03/12/2003 |
| FIRST USE IN COMMERCE DATE | 03/12/2003 |
| GOODS AND/OR SERVICES SECTION (3rd class)(current) | |
| INTERNATIONAL CLASS | 028 |
| DESCRIPTION | Toy fans and water squirting toys |
| FILING BASIS | Section 1(a) |
| FIRST USE ANYWHERE DATE | 01/27/2003 |
| FIRST USE IN COMMERCE DATE | 01/27/2003 |
| GOODS AND/OR SERVICES SECTION (3rd class)(proposed) | |
| INTERNATIONAL CLASS | 028 |
| DESCRIPTION | Toy fans and water squirting toys |
| FILING BASIS | Section 1(a) |
| FIRST USE ANYWHERE DATE | 01/27/2003 |
| FIRST USE IN COMMERCE DATE | 01/27/2003 |
| ADDITIONAL STATEMENTS SECTION | |
| MISCELLANEOUS STATEMENT | In brief, Applicant has amended each of the class 11, 21 and 28 goods in the application. Previously, on September 30, 2004, proposed amendments to the goods identification were faxed to the Examining Attorney for review and approval. It is respectfully submitted that the identification of the goods, is now in appropriate form. The Examiner further cited prior Registration No. 2,575,445 for O2 and Design against the present mark. The prior registration for O2 and Design recites goods including electric fans. Applicant respectfully submits that applicants mark, when used on or in connection with the identified goods, does not so resemble the registered mark for O2 and Design as to be likely to cause confusion, to cause mistake or to deceive. Of the goods recited in the present application, only those in class 011 recite fans and it is noted that the recitation, as now revised, includes no electric (non-portable) fans. It is also noted that the marks themselves differ significantly in appearance and presentation and such that, regardless of the differences between the respective goods, confusion would again be unlikely. For the above-reasons, it is respectfully submitted that the present application is now in appropriate form for publication and such action is respectfully submitted. Attorney for Applicant may be contacted at (248) 647-6000 with any questions the Examining Attorney may have. |
| SIGNATURE SECTION | |
| RESPONSE SIGNATURE | /djm/ |
| SIGNATORY NAME | Douglas J. McEvoy |
| SIGNATORY POSITION | Attorney for Applicant |
| SIGNATURE DATE | 02/28/2005 |
| FILING INFORMATION SECTION | |
| SUBMIT DATE | Mon Feb 28 17:59:16 EST 2005 |
| TEAS STAMP | USPTO/OA-XXXXXXXXXXXX-200 50228175916391439-7836282 8-20021863bfe2d2b9a30647b d338c2c5120-N-N-200502281 75854552482 |
| PTO Form 1957 (Rev 8/2005) |
| OMB Control #0651-0050 (Exp. 04/30/2006) |
| Application serial no. 78362828 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 011 for battery operated fans used as personal accessories, namely handheld operated fans including those with flashing lights and writing tools, desk fans including both oscillating end non-oscillating, wearable fans including visor fans, necklace fans and wrist-mounted fans, tens mounted on or incorporating drinking vessels, clip-on fans or clamp-on fans, such as desk-mounted and vehicle mounted and with or without flexible necks, fans incorporating lamps or lights, end fans incorporating a decorative enclosure and for diffusing a fragrance | |
| Original Filing Basis: 1(a). | |
| Proposed: Class 011 for battery operated fans used as personal accessories, namely handheld operated fans including those with flashing lights and writing tools, desk fans including both oscillating end non-oscillating, wearable fans including visor fans, necklace fans and wrist-mounted fans, fans mounted on or incorporating drinking vessels, clip-on fans or clamp-on fans, such as desk-mounted and vehicle mounted and with or without flexible necks, fans incorporating lamps or lights, and fans incorporating a decorative enclosure and for diffusing a fragrance | |
| Applicant hereby amends the following class of goods/services in the application as follows: | |
| Current: Class 021 for Drinking vessels, namely, water hydration packs and drinking bottles sold empty | |
| Original Filing Basis: 1(a). | |
| Proposed: Class 021 for Drinking vessels, namely, water hydration packs and sports bottles sold empty | |
| Applicant hereby amends the following class of goods/services in the application as follows: | |
| Current: Class 028 for Toy fans and water squirting toys | |
| Original Filing Basis: 1(a). | |
| Proposed: Class 028 for Toy fans and water squirting toys | |
| Additional Statements | |
| In brief, Applicant has amended each of the class 11, 21 and 28 goods in the application. Previously, on September 30, 2004, proposed amendments to the goods identification were faxed to the Examining Attorney for review and approval. It is respectfully submitted that the identification of the goods, is now in appropriate form. The Examiner further cited prior Registration No. 2,575,445 for O2 and Design against the present mark. The prior registration for O2 and Design recites goods including electric fans. Applicant respectfully submits that applicants mark, when used on or in connection with the identified goods, does not so resemble the registered mark for O2 and Design as to be likely to cause confusion, to cause mistake or to deceive. Of the goods recited in the present application, only those in class 011 recite fans and it is noted that the recitation, as now revised, includes no electric (non-portable) fans. It is also noted that the marks themselves differ significantly in appearance and presentation and such that, regardless of the differences between the respective goods, confusion would again be unlikely. For the above-reasons, it is respectfully submitted that the present application is now in appropriate form for publication and such action is respectfully submitted. Attorney for Applicant may be contacted at (248) 647-6000 with any questions the Examining Attorney may have. | |
| Response Signature | |
| Signature: /djm/ Date: 02/28/2005 | |
| Signatory's Name: Douglas J. McEvoy | |
| Signatory's Position: Attorney for Applicant | |
| Serial Number: 78362828 | |
| Internet Transmission Date: Mon Feb 28 17:59:16 EST 2005 | |
| TEAS Stamp: USPTO/OA-XXXXXXXXXXXX-200502281759163914 39-78362828-20021863bfe2d2b9a30647bd338c 2c5120-N-N-20050228175854552482 |