Response to Office Action

PTO Form 1957 (Rev 9/2005)

OMB No. 0651-0050 (Exp. 04/30/2011)

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PTO Form 1957 (Rev 9/2005)

OMB No. 0651-0050 (Exp. 04/30/2011)

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 85007995 has been amended as follows:

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

By this Amendment, the Examining Attorney’s suggested description of the goods has been followed.  Class 3 has been added to include pumice stones, and Class 8 has been amended as noted.

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 008 for Manicure and pedicure implements, namely, buffers, pumice stones with and without a handle, callus removers and/or shavers; tweezers; eyebrow shapers; and eyelash curlers
Original Filing Basis:
Filing Basis: Section 1(b), Intent to Use: The applicant has 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. (15 U.S.C. Section 1051(b)).

Proposed:
Tracked Text Description: Manicure and pedicure implements, namely, buffers, pumice stones with and without a handle, callus removers and/or shavers; Manicure and pedicure implements, namely, nail buffers; callus cutters and rasps; eyebrow shapers; tweezers; and eyelash curlers; eyebrow curlers; electric and non-electric eyebrow hair trimmers.Class 008 for Manicure and pedicure implements, namely, nail buffers; callus cutters and rasps; tweezers; eyebrow curlers; electric and non-electric eyebrow hair trimmers.
Filing Basis: Section 1(b), Intent to Use: The applicant has 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. (15 U.S.C. Section 1051(b)).

Applicant hereby adds the following class of goods/services to the application:
New: Class 003 for Pumice stones.
Filing Basis: Section 1(b), Intent to Use: The applicant has 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. (15 U.S.C. Section 1051(b)).

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

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: /winthrop/     Date: 01/11/2011
Signatory's Name: H. W. Reick
Signatory's Position: Attorney of Record, Michigan Bar Member

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.

        
RAM Sale Number: 7844
RAM Accounting Date: 01/11/2011
        
Serial Number: 85007995
Internet Transmission Date: Tue Jan 11 10:31:00 EST 2011
TEAS Stamp: USPTO/ROA-XX.XX.XXX.XX-20110111103100478
552-85007995-47092f29c186084c33b17a2e765
78fb16b-CC-7844-20110111102039649516