Response to Office Action

PTO Form 1957 (Rev 9/2005)

OMB No. 0651-0050 (Exp. 07/31/2017)

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PTO Form 1957 (Rev 9/2005)

OMB No. 0651-0050 (Exp. 07/31/2017)

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 79110885 AQUABEADS(Standard Characters, see http://tess2.gov.uspto.report/ImageAgent/ImageAgentProxy?getImage=79110885) has been amended as follows:

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

This is in response to the Office Action in this application.

A.                The Office Action

The Examining Attorney searched the Office records and found no similar registered or pending mark that would bar registration under Trademark Act Section 2(d).

However, the Examining Attorney refused registration stating that additional information is required about applicant’s entity type and country of incorporation, and the goods subject to this application. A claim of ownership for a prior registration has also been required. In response, applicant respectfully requests reconsideration of the rejection in view of the clarifications and remarks provided below.

B.                 Entity Type and Country of Incorporation/Organization

The Examining Attorney refused registration stating that Applicant must specify its form of business or type of legal entity and its national citizenship or foreign country of organization or incorporation.

In response, applicant wishes to clarify and make of records with this application that Applicant is organized as a corporation under Japanese Law.

C.                 Owner of Prior Registration

In her Office Action, the Examining Attorney indicated that if applicant owns U.S. Registration No. 4115384, then applicant should submit for the application record, a claim of ownership of the registration. The remark is appreciated and applicant submits that it is the owner of U.S. Registration No. 4115384.

D.                Additional Information

In refusing registration, the Trademark Examining Attorney stated that, in order to permit proper examination of the application, applicant must submit additional product information about the goods.  It was further stated that the requested product information should include fact sheets, instruction manuals, and/or advertisements.

In response, Applicant is submitting and making of records with this application, additional information required to permit proper examination.

E.                 Attorney of Record

Please amend the application to recognize Robert P. Michal and Paolo A. Strino of Lucas and Mercanti LLP as attorneys of record for this matter.

F.                  Conclusion

In view of the foregoing, it is respectfully submitted that the application is now in condition for publication, and reconsideration and publication is requested.

EVIDENCE
Evidence in the nature of Additional information about applicant's goods has been attached.
JPG file(s):
Evidence-1
Evidence-2
Evidence-3
Original PDF file:
evi_6461926-175846324_._Additional_Info._A.pdf
Converted PDF file(s) ( 4 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Original PDF file:
evi_6461926-175846324_._44464-45-TM_add_infor_B.pdf
Converted PDF file(s) ( 1 page)
Evidence-1
Original PDF file:
evi_6461926-175846324_._44464-45-TM_add_infor_C.pdf
Converted PDF file(s) ( 1 page)
Evidence-1

APPLICANT AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: EPOCH COMPANY LTD. having an address of
      1-12-3 Komagata,
      ,
      Japan

Proposed: EPOCH COMPANY LTD., a corporation of Japan, having an address of
      1-12-3 Komagata,
      Japan

ATTORNEY ADDRESS
Applicant proposes to amend the following:
Proposed:
Robert P. Michal of Lucas and Mercanti LLP, having an address of
15th Floor 475 Park Avenue South New York, New York 10016
United States
info@lmiplaw.com
(212) 661-8000
(212) 661-8002
The attorney docket/reference number is 44464-45-TM .


CORRESPONDENCE ADDRESS CHANGE
Applicant proposes to amend the following:
Current:
MIZUNO KIYOSHI
3F, MARUCHU-NIHONBASHI BLDG.,
10-14 NIHONBASHI TOMIZAWACHO
TOKYO 103-0006
JP

Proposed:
Robert P. Michal of Lucas and Mercanti LLP, having an address of
15th Floor 475 Park Avenue South New York, New York 10016
United States
info@lmiplaw.com
(212) 661-8000
(212) 661-8002
The docket/reference number is 44464-45-TM .



ADDITIONAL STATEMENTS
Claim of Active Prior Registration(s)
The applicant claims ownership of U.S. Registration Number(s) 4115384.


SIGNATURE(S)
Response Signature
Signature: /RPM/     Date: 10/22/2012
Signatory's Name: Robert P. Michal
Signatory's Position: Attorney for Applicant

Signatory's Phone Number: (212) 661-8000

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.

Mailing Address:    Robert P. Michal
   Lucas and Mercanti LLP
   15th Floor
   475 Park Avenue South
   New York, New York 10016
        
Serial Number: 79110885
Internet Transmission Date: Mon Oct 22 18:27:50 EDT 2012
TEAS Stamp: USPTO/ROA-XX.XX.X.XX-2012102218275080562
7-79110885-49079a27afc5288627b87b3e15e7e
669351-N/A-N/A-20121022175846324484