Response to Office Action

PTO Form 1957 (Rev 9/2005)

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

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PTO Form 1957 (Rev 9/2005)

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

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 78763028 has been amended as follows:
Argument(s)
In response to the substantive refusal(s), please note the following:

The USPTO has denied this application on the basis that there is a likelihood of consusion with the mark in U.S. Registration No. 1046221.  However, the cited mark was recently cancelled by the TTAB in response to a petition to cancel filed by this applicant.  Given that the cited mark has now been cancelled, there can be no likelihood of confusion. 

Evidence
Evidence in the nature of Order Re: Cancellation of Cited Mark has been attached.
Original PDF file:
evi_7110610433-002336063_._2006_11_27_15_55_15.pdf
Converted PDF file(s) (1 page)
Evidence-1

Classification and Listing of Goods/Services

Applicant hereby amends the following class of goods/services in the application as follows:
Current: Class 005 for Dermatological pharmaceutical products: pharmaceutical preparations for use in dermatology; skin lotions; treating skin disorders (including, but not limited to acne, rhytids, hyperpigmentation and hypopigmentation); pharmaceutical products and preparations to prevent stretch marks; for chloasma; wounds; hydrating the skin (including during pregnancy); pharmaceutical astringents; antibacterials and anti-infectives; homeopathic pharmaceuticals; plant extracts for medical and pharmaceutical purposes (including almond oil)
Original Filing Basis: 1(b).
Proposed: Class 005 for Dermatological pharmaceutical products namely; pharmaceutical preparations for use in dermatology; skin lotions; dermatological pharmaceutical preparations for treating skin disorders; pharmaceutical products and preparations to prevent stretch marks, for the treatment of chloasma, for wounds, and for hydrating the skin; pharmaceutical astringents; antibacterial pharmaceuticals and anti-infectives; homeopathic pharmaceuticals for use in the treatment of skin disorders; plant extracts for medical and pharmaceutical purposes.
Filing Basis: 1(b).
Additional Statements

"Applicant claims ownership of U.S. Registration Number(s) 2932593."

Declaration Signature
I hereby elect to bypass the submission of a signed declaration, because I believe a declaration is not required by the rules of practice. I understand that the examining attorney could still, upon later review, require a signed declaration.
Response Signature
Signature: /Brandon M. Tesser/     Date: 11/30/2006
Signatory's Name: Brandon M. Tesser
Signatory's Position: Attorney for Applicant
        
Serial Number: 78763028
Internet Transmission Date: Fri Dec 01 00:43:21 EST 2006
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XX-2006120100432124
7067-78763028-340e6fdc72c6c735173d37a85b
2e72fc-N/A-N/A-20061201002336063465