Response to Office Action

PTO Form 1957 (Rev 9/2005)

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

---

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. 79037910 has been amended as follows:

ARGUMENT(S)
In response to the substantive refusal(s), please note the following:

REMARKS

This is in response to the Office Action dated January 3, 2008.

The Examining Attorney has continued and maintained theconfusing similarity refusal based on U.S. Trademark Registration No. 2,675,862 for THE BULLDOG SHOP with respect to only certain goods.  Additionally, the Examining Attorney has objected to Applicant's amended identification of goods under the mark.

AMENDED IDENTIFICATION OF GOODS

Applicant has, elsewhere in this electronic reply, amended the identification of goods under the mark, and thus the identification is now in proper form.  In view of this amendment, which also takes the confusing similarity refusal into consideration by deleting the goods upon which it was based, Applicant submits that its mark is not likely to be confused with Registrant's mark, as the proposed goods under the mark as filed with this response are different than those services under Registrant's mark.

CONCLUSION

In view of the foregoing, Applicant respectfully requests that the Examining Attorney withdraw the confusing similarity refusal, accept the amended identification of goods and allow the mark to proceed for publication purposes.

Respectfully Submitted,

J. Matthew Pritchard, Reg. No. 46,228

Attorney of Record

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 003 for Non-medicated toiletries; body deodorant, anti-perspirants, shower gel; body wash, facial cleanser, facial scrub; facial wash, hand wash, soaps; non-medicated skincare preparations; body mist spray; spot sticks, namely, non-medicated acne treatment preparations; skin moisturisers; body lotion, body moisturiser, facial moisturiser; shaving gel, shaving oil, shaving cream, shaving foam, shaving spritz, shaving soap, after-shave; after-shave gel, after-shave balm; hair removal preparations and creams, depilatory preparations, depilatory wax; hair care preparations; shampoo, conditioner, hair gel, hair wax, hair spritz, hairspray; perfumery; eau de toilette; essential oils; cosmetics; dentifrices; lip balm; moustache wax; cosmetic kits; sunscreen preparations
Original Filing Basis:
Filing Basis Section 66(a), Request for Extension of Protection to the United States. Section 66(a) of the Trademark Act, 15 U.S.C. §1141f.

Proposed: Class 003 for Non-medicated toiletries; body deodorant, anti-perspirants, shower gel; body wash, facial cleanser, facial scrub; facial wash, hand wash, soaps; non-medicated skincare preparations; body mist spray; spot sticks, namely, non-medicated acne treatment preparations; skin moisturisers; body lotion, body moisturiser, facial moisturiser; shaving gel, shaving oil, shaving cream, shaving foam, shaving spritz, shaving soap, after-shave; after-shave gel, after-shave balm; hair removal preparations and creams, depilatory preparations, depilatory wax; shampoo, conditioner, perfumery; eau de toilette; essential oils; dentifrices; lip balm; moustache wax; sunscreen preparations

Filing Basis Section 66(a), Request for Extension of Protection to the United States. Section 66(a) of the Trademark Act, 15 U.S.C. §1141f.

SIGNATURE(S)
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: /JMP/     Date: 06/17/2008
Signatory's Name: J. Matthew Pritchard, Reg. No. 46,228; 1084-074654
Signatory's Position: Attorney of Record

The signatory has confirmed that he/she is an attorney who is a member in good standing of the bar of the highest court of a U.S. state, which includes the District of Columbia, Puerto Rico, and other federal territories and possessions; and he/she is currently the applicant's attorney or an associate thereof; and to the best of his/her knowledge, if prior to his/her appointment another U.S. attorney or a Canadian attorney/agent not currently associated with his/her company/firm previously represented the applicant in this matter: (1) the applicant has filed or is concurrently filing a signed revocation of or substitute power of attorney with the USPTO; (2) the USPTO has granted the request of the prior representative to withdraw; (3) the applicant has filed a power of attorney appointing him/her in this matter; or (4) the applicant's appointed U.S. attorney or Canadian attorney/agent has filed a power of attorney appointing him/her as an associate attorney in this matter.

        
Serial Number: 79037910
Internet Transmission Date: Tue Jun 17 14:04:20 EDT 2008
TEAS Stamp: USPTO/ROA-XX.XX.XXX.XXX-2008061714042056
7395-79037910-420f759561c9ac8b69c4d05989
f801c5d-N/A-N/A-20080617140158095685