Response to Office Action

CERTIFIED

Aquarius Ltd.

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 78580182
MARK SECTION (no change)
GOODS AND/OR SERVICES SECTION (1st class)(current)
INTERNATIONAL CLASS 018
DESCRIPTION Luggage
FILING BASIS Section 1(b)
GOODS AND/OR SERVICES SECTION (1st class)(proposed)
INTERNATIONAL CLASS 018
DESCRIPTION luggage: backpacks
FILING BASIS Section 1(b)
GOODS AND/OR SERVICES SECTION (2nd class)(current)
INTERNATIONAL CLASS 025
DESCRIPTION Belts
FILING BASIS Section 1(b)
GOODS AND/OR SERVICES SECTION (2nd class)(proposed)
INTERNATIONAL CLASS 025
DESCRIPTION Belts
FILING BASIS Section 1(a)
        FIRST USE ANYWHERE DATE 10/01/2001
        FIRST USE IN COMMERCE DATE 10/01/2001
SIGNATURE SECTION
DECLARATION SIGNATURE /sandyschonwald/
SIGNATORY NAME Sandy Schonwald
SIGNATORY POSITION President
SIGNATURE DATE 10/18/2005
RESPONSE SIGNATURE /elissataykowski/
SIGNATORY NAME Elissa Taykowski
SIGNATORY POSITION Import Manager
SIGNATURE DATE 10/18/2005
FILING INFORMATION SECTION
SUBMIT DATE Tue Oct 18 14:30:40 EDT 2005
TEAS STAMP USPTO/OA-XXXXXXXXXX-20051
018143040025176-78580182-
2006c363b8d7ab19e59483e68
03ed7b-N-N-20051018142921
105046



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. 78580182 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 018 for Luggage
Original Filing Basis: 1(b).
Proposed: Class 018 for luggage: backpacks
Applicant hereby amends the following class of goods/services in the application as follows:
Current: Class 025 for Belts
Original Filing Basis: 1(b).
Proposed: Class 025 for Belts
Deleted Filing Basis: 1(b)
New/Additional Basis:
Section 1(a), Use in Commerce: Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, or the applicant's predecessor in interest used the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 10/01/2001 and first used in commerce at least as early as 10/01/2001, and is now in use in such commerce.
        
Declaration Signature
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: /sandyschonwald/      Date: 10/18/2005
Signatory's Name: Sandy Schonwald
Signatory's Position: President
        
Response Signature
        
Signature: /elissataykowski/     Date: 10/18/2005
Signatory's Name: Elissa Taykowski
Signatory's Position: Import Manager
        
        
        
Serial Number: 78580182
Internet Transmission Date: Tue Oct 18 14:30:40 EDT 2005
TEAS Stamp: USPTO/OA-XXXXXXXXXX-20051018143040025176
-78580182-2006c363b8d7ab19e59483e6803ed7
b-N-N-20051018142921105046




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