Response to Office Action

BOTANICA

Botanica, 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 78391144
MARK SECTION (no change)
GOODS AND/OR SERVICES SECTION (current)
INTERNATIONAL CLASS 003
DESCRIPTION
Bath gel, bath foam, bath crystals, bath salts, bath oil, bath pearls, bath lotion, bubble bath, body spray, body splash, linen sprays, room spray
FILING BASIS Section 1(a)
        FIRST USE ANYWHERE DATE 01/01/1998
        FIRST USE IN COMMERCE DATE 01/01/1998
GOODS AND/OR SERVICES SECTION (proposed)
INTERNATIONAL CLASS 003
DESCRIPTION
Bath gel, bath foam, bath crystals, bath salts, bath oil, bath pearls, bath lotion, bubble bath, body spray, body splash, scented linen sprays.
FILING BASIS Section 1(a)
        FIRST USE ANYWHERE DATE 01/01/1998
        FIRST USE IN COMMERCE DATE 01/01/1998
        STATEMENT TYPE The substitute specimen(s) was in use in commerce as of the filing date of the application.
        SPECIMEN FILE NAME(S) \\TICRS\EXPORT11\IMAGEOUT 11\783\911\78391144\xml5\ ROA0002.JPG
        SPECIMEN DESCRIPTION Scanned specimen of label showing mark in use in commerce at least as early as filing date.
FILING BASIS Section 1(b)
SIGNATURE SECTION
DECLARATION SIGNATURE /William J Camacho/
SIGNATORY NAME Wililam J Camacho
SIGNATORY POSITION President
SIGNATURE DATE 04/13/2005
RESPONSE SIGNATURE /William J Camacho/
SIGNATORY NAME William J Camacho
SIGNATORY POSITION President
SIGNATURE DATE 04/13/2005
FILING INFORMATION SECTION
SUBMIT DATE Tue Apr 12 21:41:19 EDT 2005
TEAS STAMP USPTO/OA-XXXXXXXXX-200504
12214119423408-78391144-2
0041c6c68b833d45261379dfb
522fbda47-N-N-20050412211
612937103



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. 78391144 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 003 for Bath gel, bath foam, bath crystals, bath salts, bath oil, bath pearls, bath lotion, bubble bath, body spray, body splash, linen sprays, room spray
Original Filing Basis: 1(a).
Proposed: Class 003 for Bath gel, bath foam, bath crystals, bath salts, bath oil, bath pearls, bath lotion, bubble bath, body spray, body splash, scented linen sprays.
New/Additional 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)).
        
Section 1(a), Use in Commerce: The mark was first used at least as early as 01/01/1998 and first used in commerce at least as early as 01/01/1998, and is now in use in such commerce.
Applicant hereby submits a specimen for Class 003.
The specimen(s) submitted consists of Scanned specimen of label showing mark in use in commerce at least as early as filing date..
For an application based on 1(a), Use in Commerce, "The substitute specimen(s) was in use in commerce as of the filing date of the application."
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: /William J Camacho/      Date: 04/13/2005
Signatory's Name: Wililam J Camacho
Signatory's Position: President
        
Response Signature
        
Signature: /William J Camacho/     Date: 04/13/2005
Signatory's Name: William J Camacho
Signatory's Position: President
        
        
        
Serial Number: 78391144
Internet Transmission Date: Tue Apr 12 21:41:19 EDT 2005
TEAS Stamp: USPTO/OA-XXXXXXXXX-20050412214119423408-
78391144-20041c6c68b833d45261379dfb522fb
da47-N-N-20050412211612937103



Response to Office Action [image/jpeg]


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