Response to Office Action

KROGER

The Kroger Co. of Michigan

Response to Office Action

PTO Form 1957 (Rev 9/2005)
OMB No. 0651-0050 (Exp. 04/2009)

Response to Office Action


The table below presents the data as entered.

Input Field
Entered
SERIAL NUMBER 78777677
LAW OFFICE ASSIGNED LAW OFFICE 111
MARK SECTION (no change)
GOODS AND/OR SERVICES SECTION (current)
INTERNATIONAL CLASS 035
DESCRIPTION Retail gas station services featuring gasoline pumps
FILING BASIS Section 1(a)
        FIRST USE ANYWHERE DATE At least as early as 04/05/2006
        FIRST USE IN COMMERCE DATE At least as early as 04/05/2006
GOODS AND/OR SERVICES SECTION (proposed)
INTERNATIONAL CLASS 035
DESCRIPTION Retail gasoline supply services featuring gasoline pumps.
FILING BASIS Section 1(a)
        FIRST USE ANYWHERE DATE At least as early as 04/05/2006
        FIRST USE IN COMMERCE DATE At least as early as 04/05/2006
SIGNATURE SECTION
DECLARATION SIGNATURE /Michelle R. Watts/
SIGNATORY'S NAME Michelle R. Watts
SIGNATORY'S POSITION Attorney
DATE SIGNED 01/07/2007
RESPONSE SIGNATURE /Michelle R. Watts/
SIGNATORY'S NAME Michelle R. Watts
SIGNATORY'S POSITION Attorney
DATE SIGNED 01/07/2007
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Sun Jan 07 16:51:06 EST 2007
TEAS STAMP USPTO/ROA-XXX.XXX.XXX.XX-
20070107165106821306-7877
7677-360adf91898fa018a21b
381fd98dede7f0-N/A-N/A-20
070107164839623326



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. 78777677 has been 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 035 for Retail gas station services featuring gasoline pumps
Original Filing Basis: 1(a).
Proposed: Class 035 for Retail gasoline supply services featuring gasoline pumps.
Filing Basis: 1(a).

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: /Michelle R. Watts/      Date: 01/07/2007
Signatory's Name: Michelle R. Watts
Signatory's Position: Attorney

Response Signature
Signature: /Michelle R. Watts/     Date: 01/07/2007
Signatory's Name: Michelle R. Watts
Signatory's Position: Attorney
        
Serial Number: 78777677
Internet Transmission Date: Sun Jan 07 16:51:06 EST 2007
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.XX-200701071651068
21306-78777677-360adf91898fa018a21b381fd
98dede7f0-N/A-N/A-20070107164839623326



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