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. 78810777 has been amended as follows:
Argument(s)
In response to the substantive refusal(s), please note the following:

Applicant's mark is not confusingly similar to the registered "T-LITE QUICK START" mark.  The registered mark contains the registrant's dominant house mark "T-LITE," which significantly distinguishes that mark from Applicant's mark.  Because of registrant's use of its dominant house mark, the respective marks have differing amounts of words and syllables, do not look similar and do not sound similar.  Thus, confusion is not likely.

Further, the respective goods and services are non-competing and sufficiently dissimilar to prevent confusion.  Registrant uses its mark for dietary supplements.  As you can see in this amendement to the application, and from the attached specimens, Applicant limits its use of its mark to instructional materials and training with respect to its weight management programs.  Applicant does not use its mark in connection with dietary supplements, or any type of meal replacements, foods or beverages.  Therefore, there is no likelihood of confusion.

Classification and Listing of Goods/Services

Applicant hereby amends the following class of goods/services in the application as follows:
Current: Class 016 for Printed matter, namely, instructional materials in relation to weight management, obesity management, diet, nutrition, health and exercise; food and beverages, namely, meal replacements, including, low calorie, low fat shakes, entrees and puddings; education and training in relation to weight management, obesity management, diet, nutrition, health and exercise
Original Filing Basis: 1(a).
Proposed: Class 016 for Printed matter, namely, instructional materials in relation to weight management, obesity management, diet, nutrition, health and exercise
Filing Basis: 1(a).
Section 1(a), 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, 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 07/00/2001 and first used in commerce at least as early as 07/00/2001, and is now in use in such commerce.
Applicant hereby submits a new specimen for Class 016.
The specimen(s) submitted consists of instructional materials.
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 File1

Applicant hereby adds the following class of goods/services to the application:
New:
Class 041 for education services, namely, mentoring and training in the field of weight management, obesity management, diet, nutrition, health and exercise
Section 1(a), 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, 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 07/00/2001 and first used in commerce at least as early as 07/00/2001, and is now in use in such commerce.
Applicant hereby submits a specimen for Class 041.
The specimen(s) submitted consists of program materials.
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 File1

Fees
Fee(s) in the amount of $325 is being submitted.


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: /tek/      Date: 12/01/2006
Signatory's Name: Thomas E. Kenney
Signatory's Position: Attorney

Response Signature
Signature: /tek/     Date: 12/01/2006
Signatory's Name: Thomas E. Kenney
Signatory's Position: Attorney
        
RAM Sale Number: 1318
RAM Accounting Date: 12/01/2006
        
Serial Number: 78810777
Internet Transmission Date: Fri Dec 01 10:19:08 EST 2006
TEAS Stamp: USPTO/ROA-XX.X.X.XX-20061201101908457429
-78810777-340af7c73d0f78d691e751c1aa9c8a
c9ed6-CC-1318-20061201095728979384