TEAS Request Reconsideration after FOA

PTO Form (Rev 4/2000)

OMB No. 0651-.... (Exp. 08/31/2004)

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PTO Form (Rev 4/2000)

OMB No. 0651-.... (Exp. 08/31/2004)

Request for Reconsideration after Final Action

To the Commissioner for Trademarks:

Application serial no. 85149061 has been amended as follows:

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

Pursuant to the comments and suggestions of the Examiner, Applicant has revised the list of goods for International Class 24 to be more specific and add proper adjectives to avoid potential overlap with other classes.  Applicant has also bifurcated that portion of the description of goods pertaining to the newly manufactured semi-finished and finished goods to help distinguish between those that belong to one group or the other and those that belong to both.  Applicant believes the currently proposed list of goods addressess all of the concerns of the Examiner.  Additionally, Applicant wishes to express their appreciation for the guidance provided by the Examiner in the Request for Reconsideration Denial.

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 024 for Odor absorbtion treatments in the form of applied coatings and topical sprays sold as an integral component of textiles and fabrics, namely, wovens and non-woven textiles and fabrics sold in bulk and stock form for use in the manufacture of clothing and household furnishings; odor absorbtion treatments in the form of applied coatings and topical sprays sold as an integral component of newly manufactured semi-finished and finished goods and articles of manufacture made with cloth, fabrics and textiles, namely, fabric upholstery, bed linens, bath linens, table linens, flat sheets, fitted sheets, fabric pillow case liners, fabric matteress pads, bed skirts, curtains, draperies, fabric, valances, fabric table runners, fabric place mats, shams, pillow cases, pillow shams, comforters, bed blankets, baby blankes, outdoor blankets, lap blankes, pet blankets, and blanket throws
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: Odor absorbtion treatments in the form of applied coatings and topical sprays sold as an integral component of textiles and fabrics, namely, wovens and non-woven textiles and fabrics sold in bulk and stock form for use in the manufacture of clothing and household furnishings; Odor absorbtion treatments in the form of applied coatings and topical sprays sold as an integral component of textiles and fabrics, namely, woven and non-woven cloths and fabrics sold in bulk and stock form for use in the manufacture of clothing and household furnishings; odor absorbtion treatments in the form of applied coatings and topical sprays sold as an integral component of newly manufactured semi-finished and finished goods and articles of manufacture made with cloth, fabrics and textiles, namely, fabric upholstery, bed linens, bath linens, table linens, flat sheets, fitted sheets, fabric pillow case liners, fabric matteress pads, bed skirts, curtains, draperies, fabric, valances, fabric table runners, fabric place mats, shams, pillow cases, pillow shams, comforters, bed blankets, baby blankes, outdoor blankets, lap blankes, pet blankets, and blanket throws; odor absorbtion treatments in the form of applied coatings and topical sprays sold as an integral component of newly manufactured semi-finished goods and articles of manufacture made with cloth, fabrics and textiles, namely, fabric upholstery, fabric mattress pads, curtains, and draperies; odor absorbtion treatments in the form of applied coatings and topical sprays sold as an integral component of newly manufactured finished goods and articles of manufacture made with cloth, fabrics and textiles, namely, chair and couch covers, bed linens, bath linens, table linens, flat bed sheets, fitted bed sheets, fabric pillow case liners, fabric mattress pads, bed skirts, curtains, draperies, fabric valances, fabric table runners, fabric place mats, shams, pillow cases, pillow shams, comforters, bed blankets, baby blankets, outdoor blankets, lap blankets, pet blankets, and blanket throwsClass 024 for Odor absorbtion treatments in the form of applied coatings and topical sprays sold as an integral component of textiles and fabrics, namely, woven and non-woven cloths and fabrics sold in bulk and stock form for use in the manufacture of clothing and household furnishings; odor absorbtion treatments in the form of applied coatings and topical sprays sold as an integral component of newly manufactured semi-finished goods and articles of manufacture made with cloth, fabrics and textiles, namely, fabric upholstery, fabric mattress pads, curtains, and draperies; odor absorbtion treatments in the form of applied coatings and topical sprays sold as an integral component of newly manufactured finished goods and articles of manufacture made with cloth, fabrics and textiles, namely, chair and couch covers, bed linens, bath linens, table linens, flat bed sheets, fitted bed sheets, fabric pillow case liners, fabric mattress pads, bed skirts, curtains, draperies, fabric valances, fabric table runners, fabric place mats, shams, pillow cases, pillow shams, comforters, bed blankets, baby blankets, outdoor blankets, lap blankets, pet blankets, and blanket throws
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)).

SIGNATURE(S)
Request for Reconsideration Signature
Signature: /EKWII/     Date: 11/05/2011
Signatory's Name: Edward K Welch
Signatory's Position: Attorney of record, Massachusetts 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.

The applicant is not filing a Notice of Appeal in conjunction with this Request for Reconsideration.

        
Serial Number: 85149061
Internet Transmission Date: Sat Nov 05 14:13:05 EDT 2011
TEAS Stamp: USPTO/RFR-XX.XXX.XXX.XXX-201111051413056
64979-85149061-480c24a479b10c254af19bea4
ccb5efc49-N/A-N/A-20111105135146366695