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. 85141290 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 Pet shampoo, cleansers, lotions and skin and coat care products
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 12/01/2005 and first used in commerce at least as early as 12/01/2005, and is now in use in such commerce.

Proposed:
Tracked Text Description: Pet shampoo, cleansers, lotions and skin and coat care products; Non-medicated grooming preparations, namely pet shampoo, cleansers, lotions and skin and coat care productsClass 003 for Non-medicated grooming preparations, namely pet shampoo, cleansers, lotions and skin and coat care products
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 12/01/2005 and first used in commerce at least as early as 12/01/2005, 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 Dietary supplements for pets and nutritional supplements for arthritic pets; veterinary preparations for use as a calming aid; dietary stool deodorizer
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 12/01/2005 and first used in commerce at least as early as 12/01/2005, and is now in use in such commerce.

Proposed:
Tracked Text Description: Dietary supplements for pets and nutritional supplements for arthritic pets; veterinary preparations for use as a calming aid; veterinary preparations for pets for use as a calming aid; dietary stool deodorizer; veterinary preparation, namely dietary stool deodorizer for use in petsClass 005 for Dietary supplements for pets and nutritional supplements for arthritic pets; veterinary preparations for pets for use as a calming aid; veterinary preparation, namely dietary stool deodorizer for use in pets
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 12/01/2005 and first used in commerce at least as early as 12/01/2005, and is now in use in such commerce.
ADDITIONAL STATEMENTS
Disclaimer
No claim is made to the exclusive right to use VET apart from the mark as shown.

SIGNATURE(S)
Response Signature
Signature: /Colin C. Holley/     Date: 01/14/2011
Signatory's Name: Colin C. Holley
Signatory's Position: Attorney of Record, California 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.

        
Serial Number: 85141290
Internet Transmission Date: Fri Jan 14 19:10:18 EST 2011
TEAS Stamp: USPTO/ROA-XX.XX.XXX.XXX-2011011419101870
8576-85141290-4702b1eac33ad4e92c26f9fa6a
bbcb9cd3-N/A-N/A-20110114184739068876