| PTO Form 1957 (Rev 8/2005) |
| OMB Control #0651-0050 (Exp. 04/30/2006) |
| Input Field |
Entered |
| SERIAL NUMBER | 78449493 |
| MARK SECTION (no change) | |
| ARGUMENT(S) | |
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Dear Sir: The following amendment and remarks are submitted in response to the Office Action dated February 16, 2005. AMENDMENTPlease amend the application to include the following disclaimer: --No claim is made to the exclusive right to use "NATURAL SODA" apart from the mark as shown.-- REMARKSDisclaimer of Wording In the Office Action, the Examining Attorney requested Applicant to submit a disclaimer of the wording "NATURAL SODA." In compliance with the Examining Attorney's request, Applicant has submitted such a disclaimer. Substitute Specimen The Examining Attorney did not accept the specimen of record and requested Applicant to submit a substitute specimen showing the mark as it is used in commerce on the goods or on packaging for the goods, along with a signed, verified statement that the "substitute specimen" was in use in commerce at least as early as the filing date of the application. Further to the Examining Attorney's requirement, Applicant submits herewith a substitute specimen showing Applicant's mark as used on Applicant's goods. The substitute specimen was in use in commerce at least as early as the application filing date. 37 C.F.R. §2.59(a). Applicant encloses herewith: (1) a substitute specimen in the form of a photograph of a soft drink can; and (2) declaration signed by Danielle Klausner, Attorney for Applicant, in support of this specimen. Search of the Office Records Applicant acknowledges that the Examining Attorney searched the Office records and found no similar registered mark that would bar registration under Trademark Act Section 2(d). CONCLUSION In view of the foregoing amendment and remarks, Applicant respectfully requests the Examining Attorney to reconsider and withdraw the refusal to register. Applicant has responded to all outstanding requirements, and that its application is in condition for publication. The Examining Attorney is requested to telephone the undersigned if the Examining Attorney has any questions or if there are any additional issues that can be addressed by an Examining Attorney's amendment. Please charge Deposit Account No. 11-1410 for any fees that may be required.
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| GOODS AND/OR SERVICES SECTION (current) | |
| INTERNATIONAL CLASS | 032 |
| DESCRIPTION | |
| Fruit juice drinks, soft drinks, carbonated soft drinks and soft drinks enhanced with vitamins, minerals, nutrients, amino acids and/or herbs, aerated water, soda water and seltzer water | |
| FILING BASIS | Section 1(a) |
| FIRST USE ANYWHERE DATE | 04/00/1998 |
| FIRST USE IN COMMERCE DATE | 04/00/1998 |
| GOODS AND/OR SERVICES SECTION (proposed) | |
| INTERNATIONAL CLASS | 032 |
| DESCRIPTION | |
| Fruit juice drinks, soft drinks, carbonated soft drinks and soft drinks enhanced with vitamins, minerals, nutrients, amino acids and/or herbs, aerated water, soda water and seltzer water | |
| FILING BASIS | Section 1(a) |
| FIRST USE ANYWHERE DATE | 04/00/1998 |
| FIRST USE IN COMMERCE DATE | 04/00/1998 |
| STATEMENT TYPE | The substitute specimen(s) was in use in commerce as of the filing date of the application. |
| SPECIMEN FILE NAME(S) | \\TICRS\EXPORT9\IMAGEOUT9 \784\494\78449493\xml1\RO A0002.JPG |
| SPECIMEN DESCRIPTION | photograph of mark as shown on soft drink can |
| ADDITIONAL STATEMENTS SECTION | |
| DISCLAIMER | No claim is made to the exclusive right to use "NATURAL SODA" apart from the mark as shown. |
| SIGNATURE SECTION | |
| DECLARATION SIGNATURE | /Danielle Klausner/ |
| SIGNATORY NAME | Danielle Klausner |
| SIGNATORY POSITION | Attorney for Applicant |
| SIGNATURE DATE | 08/12/2005 |
| RESPONSE SIGNATURE | /Danielle Klausner/ |
| SIGNATORY NAME | Danielle Klausner |
| SIGNATORY POSITION | Attorney for Applicant |
| SIGNATURE DATE | 08/12/2005 |
| FILING INFORMATION SECTION | |
| SUBMIT DATE | Fri Aug 12 22:28:18 EDT 2005 |
| TEAS STAMP | USPTO/OA-XXXXXXXXXXX-2005 0812222818225293-78449493 -2006a4ce71b1765746f9b9c0 2b286952aa-N-N-2005081222 2603952483 |
| PTO Form 1957 (Rev 8/2005) |
| OMB Control #0651-0050 (Exp. 04/30/2006) |
| Application serial no. 78449493 is amended as follows: | |
| Argument(s) | |
| In response to the substantive refusal(s), please note the following: | |
|
Dear Sir: The following amendment and remarks are submitted in response to the Office Action dated February 16, 2005. AMENDMENTPlease amend the application to include the following disclaimer: --No claim is made to the exclusive right to use "NATURAL SODA" apart from the mark as shown.-- REMARKSDisclaimer of Wording In the Office Action, the Examining Attorney requested Applicant to submit a disclaimer of the wording "NATURAL SODA." In compliance with the Examining Attorney's request, Applicant has submitted such a disclaimer. Substitute Specimen The Examining Attorney did not accept the specimen of record and requested Applicant to submit a substitute specimen showing the mark as it is used in commerce on the goods or on packaging for the goods, along with a signed, verified statement that the "substitute specimen" was in use in commerce at least as early as the filing date of the application. Further to the Examining Attorney's requirement, Applicant submits herewith a substitute specimen showing Applicant's mark as used on Applicant's goods. The substitute specimen was in use in commerce at least as early as the application filing date. 37 C.F.R. §2.59(a). Applicant encloses herewith: (1) a substitute specimen in the form of a photograph of a soft drink can; and (2) declaration signed by Danielle Klausner, Attorney for Applicant, in support of this specimen. Search of the Office Records Applicant acknowledges that the Examining Attorney searched the Office records and found no similar registered mark that would bar registration under Trademark Act Section 2(d). CONCLUSION In view of the foregoing amendment and remarks, Applicant respectfully requests the Examining Attorney to reconsider and withdraw the refusal to register. Applicant has responded to all outstanding requirements, and that its application is in condition for publication. The Examining Attorney is requested to telephone the undersigned if the Examining Attorney has any questions or if there are any additional issues that can be addressed by an Examining Attorney's amendment. Please charge Deposit Account No. 11-1410 for any fees that may be required.
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| Classification and Listing of Goods/Services | |
| Applicant hereby amends the following class of goods/services in the application as follows: | |
| Current: Class 032 for Fruit juice drinks, soft drinks, carbonated soft drinks and soft drinks enhanced with vitamins, minerals, nutrients, amino acids and/or herbs, aerated water, soda water and seltzer water | |
| Original Filing Basis: 1(a). | |
| Proposed: Class 032 for Fruit juice drinks, soft drinks, carbonated soft drinks and soft drinks enhanced with vitamins, minerals, nutrients, amino acids and/or herbs, aerated water, soda water and seltzer water | |
| Section 1(a), Use in Commerce: The mark was first used at least as early as 04/00/1998 and first used in commerce at least as early as 04/00/1998, and is now in use in such commerce. | |
| Applicant hereby submits a specimen for Class 032. | |
| The specimen(s) submitted consists of photograph of mark as shown on soft drink can . |
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| 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 | |
| Additional Statements | |
| No claim is made to the exclusive right to use "NATURAL SODA" apart from the mark as shown. | |
| Declaration Signature |
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| If the applicant is seeking registration under Section 1(b) and/or Section 44 of the Trademark Act, the applicant 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). 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 or services listed in the application as of the application filing date. 37 C.F.R. Secs. 2.34(a)(1)(i). 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: /Danielle Klausner/ Date: 08/12/2005 | |
| Signatory's Name: Danielle Klausner | |
| Signatory's Position: Attorney for Applicant | |
| Response Signature | |
| Signature: /Danielle Klausner/ Date: 08/12/2005 | |
| Signatory's Name: Danielle Klausner | |
| Signatory's Position: Attorney for Applicant | |
| Serial Number: 78449493 | |
| Internet Transmission Date: Fri Aug 12 22:28:18 EDT 2005 | |
| TEAS Stamp: USPTO/OA-XXXXXXXXXXX-2005081222281822529 3-78449493-2006a4ce71b1765746f9b9c02b286 952aa-N-N-20050812222603952483 |
