Response to Office Action

PTO Form 1957 (Rev 5/2006)

OMB No. 0651-0050 (Exp. 04/2009)

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PTO Form 1957 (Rev 5/2006)

OMB No. 0651-0050 (Exp. 04/2009)

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 78624759 has been amended as follows:

Additional Statements
"No claim is made to the exclusive right to use TIME CONTROL apart from the mark as shown."
The significance of words TIME CONTROL appearing in the mark refer to the protection provided by the goods against the effects of aging, not the timed-release action of the ingredients in the goods.
"TIME CONTROL appearing in the mark has no significance in the relevant trade or industry or as applied to the goods/services listed in the application, no geographical significance, nor any meaning in a foreign language."

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: /ANITAKYEUNG/      Date: 05/12/2006
Signatory's Name: Anita K.Yeung
Signatory's Position: Assistant General Counsel Trademark & Copyright

Response Signature

Signature: /ANITAKYEUNG/     Date: 05/12/2006
Signatory's Name: Anita K. Yeung
Signatory's Position: Assistant General Counsel Trademark & Copyright
        
Serial Number: 78624759
Internet Transmission Date: Fri May 12 13:07:17 EDT 2006
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.XXX-20060512130717
220803-78624759-3321393477f376778de74b96
a1612c1bbb-N/A-N/A-20060512125337504559