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. 85138639 has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 003 for Wipes impregnated with a skin cleanser; pre-moistened toweletes; cotton for cosmetic purposes; cotton sticks for cosmetic purposes
Original Filing Basis:
Filing Basis: 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 00/00/2010 and first used in commerce at least as early as 00/00/2010, and is now in use in such commerce.

Proposed:
Tracked Text Description: Wipes impregnated with a skin cleanser; pre-moistened toweletes; pre-moistened cosmetic towelettes; cotton for cosmetic purposes; cotton sticks for cosmetic purposesClass 003 for Wipes impregnated with a skin cleanser; pre-moistened cosmetic towelettes; cotton for cosmetic purposes; cotton sticks for cosmetic purposes
Filing Basis: 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 00/00/2001 and first used in commerce at least as early as 00/00/2001, and is now in use in such commerce.
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 005 for Medicated pre-moistened towelettes; pre-moistened towelettes with disinfecting preparations used for sanitary purposes; cotton for medical purposes; applicators for medical purposes; adhesive tape for medical purposes
Original Filing Basis:
Filing Basis: 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 00/00/2010 and first used in commerce at least as early as 00/00/2010, and is now in use in such commerce.

Proposed:
Tracked Text Description: Medicated pre-moistened towelettes; pre-moistened towelettes with disinfecting preparations used for sanitary purposes; cotton for medical purposes; applicators for medical purposes; applicators for medical purposes for use in applying ointments and liquids to the skin; adhesive tape for medical purposes; burn dressings; cotton sticks for medical purposesClass 005 for Medicated pre-moistened towelettes; pre-moistened towelettes with disinfecting preparations used for sanitary purposes; cotton for medical purposes; applicators for medical purposes for use in applying ointments and liquids to the skin; adhesive tape for medical purposes; burn dressings; cotton sticks for medical purposes
Filing Basis: 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 00/00/2001 and first used in commerce at least as early as 00/00/2001, and is now in use in such commerce.
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 010 for Burn sheets; surgical caps, gowns, masks, scrub suits and shoe covers; speculums; surgical sponges; surgical towels; surgical dissectors; tongue depressors; breathing system comprising oval mouthpiece and extended plastic tube for use by patients undergoing medical and spa treatments; cotton sticks for medical purposes
Original Filing Basis:
Filing Basis: 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 00/00/2010 and first used in commerce at least as early as 00/00/2010, and is now in use in such commerce.

Proposed:
Tracked Text Description: Burn sheets; Surgical caps, gowns, masks, scrub suits and shoe covers; speculums; surgical sponges; surgical abdominal towels for medical use; surgical towels; surgical dissectors; tongue depressors; portable breathing device comprising an oval mouthpiece and extended plastic tube; breathing system comprising oval mouthpiece and extended plastic tube for use by patients undergoing medical and spa treatments; cotton sticks for medical purposesClass 010 for Surgical caps, gowns, masks, scrub suits and shoe covers; speculums; surgical sponges; surgical abdominal towels for medical use; surgical dissectors; tongue depressors; portable breathing device comprising an oval mouthpiece and extended plastic tube
Filing Basis: 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 00/00/1991 and first used in commerce at least as early as 00/00/1991, and is now in use in such commerce.
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 024 for Disposable bed linens; disposable blankets; textile wash cloths; disposable towelettes; towels, namely, thermal wraps in the nature of towels used to maintain body heat during full body treatments
Original Filing Basis:
Filing Basis: 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 00/00/2010 and first used in commerce at least as early as 00/00/2010, and is now in use in such commerce.

Proposed:
Tracked Text Description: Disposable bed linens; disposable blankets; disposable bed blankets; textile wash cloths; disposable towelettes; disposable towels; towels, namely, thermal wraps in the nature of towels used to maintain body heat during full body treatmentsClass 024 for Disposable bed linens; disposable bed blankets; textile wash cloths; disposable towels; towels, namely, thermal wraps in the nature of towels used to maintain body heat during full body treatments
Filing Basis: 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 00/00/2001 and first used in commerce at least as early as 00/00/2001, and is now in use in such commerce.
SIGNATURE(S)
Declaration Signature
If the applicant is seeking registration under Section 1(b) and/or Section 44 of the Trademark Act, the applicant has 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); and/or the applicant has had a bona fide intention to exercise legitimate control over the use of the mark in commerce by its members. 37 C.F. R. Sec. 2.44. 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 and/or services listed in the application as of the application filing date or as of the date of any submitted allegation of use. 37 C.F.R. Secs. 2.34(a)(1)(i); and/or the applicant has exercised legitimate control over the use of the mark in commerce by its members. 37 C.F.R. Sec. 2.44. 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. Section 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. Section 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: /stephen j quigley/      Date: 05/02/2011
Signatory's Name: Stephen J. Quigley
Signatory's Position: Attorney in the firm Ostrolenk Faber LLP, attorneys of record for Applicant

Response Signature
Signature: /stephen j quigley/     Date: 05/02/2011
Signatory's Name: Stephen J. Quigley
Signatory's Position: Attorney in the firm Ostrolenk Faber LLP, attorneys of record for Applicant

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: 85138639
Internet Transmission Date: Mon May 02 09:48:16 EDT 2011
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.XX-201105020948161
57336-85138639-480fa383f521d6d6981dfbebb
b9f9f6d36-N/A-N/A-20110502092358734852