PTO Form 1957 (Rev 9/2005) |
OMB No. 0651-0050 (Exp. 07/31/2017) |
Response to Office Action
The table below presents the data as entered.
Input Field
|
Entered
|
SERIAL NUMBER |
85340547 |
LAW OFFICE ASSIGNED |
LAW OFFICE 115 |
MARK SECTION |
MARK |
http://tess2.gov.uspto.report/ImageAgent/ImageAgentProxy?getImage=85340547 |
LITERAL ELEMENT |
TWISTER |
STANDARD CHARACTERS |
YES |
USPTO-GENERATED IMAGE |
YES |
MARK STATEMENT |
The mark consists of standard characters, without claim to any particular font style, size or color. |
GOODS AND/OR SERVICES SECTION (current) |
INTERNATIONAL CLASS |
031 |
DESCRIPTION |
Dog and Pet food treats |
FIRST USE ANYWHERE DATE |
At least as early as 07/01/2013 |
FIRST USE IN COMMERCE DATE |
At least as early as 07/01/2013 |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (proposed) |
INTERNATIONAL CLASS |
031 |
DESCRIPTION |
Dog and Pet food treats |
FIRST USE ANYWHERE DATE |
At least as early as 07/01/2013 |
FIRST USE IN COMMERCE DATE |
At least as early as 07/01/2013 |
STATEMENT TYPE |
"The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing
date of the application"[for an application based on Section 1(a), Use in Commerce] OR "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in
commerce prior either to the filing of the Amendment to Allege Use or expiration of the filing deadline for filing a Statement of Use" [for an application based on Section 1(b)
Intent-to-Use]. OR "The attached specimen is a true copy of the specimen that was originally submitted with the application, amendment to allege use, or statement of use" [for an
illegible specimen]. |
SPECIMEN
FILE NAME(S) |
\\TICRS\EXPORT16\IMAGEOUT 16\853\405\85340547\xml12 \ROA0002.JPG |
|
\\TICRS\EXPORT16\IMAGEOUT 16\853\405\85340547\xml12 \ROA0003.JPG |
SPECIMEN DESCRIPTION |
Product labels showing that the word "Jumbo" merely indicates the size of the treats as opposed to being part of the mark. Additional product
label shows "small" merely indicates size of the treats as opposed to being part of the mark. |
SIGNATURE SECTION |
DECLARATION SIGNATURE |
/mjh/ |
SIGNATORY'S NAME |
Mark J. Henderson |
SIGNATORY'S POSITION |
Attorney of record, California bar member |
SIGNATORY'S PHONE NUMBER |
3109485584 |
DATE SIGNED |
10/23/2013 |
RESPONSE SIGNATURE |
/mjh/ |
SIGNATORY'S NAME |
Mark J. Henderson |
SIGNATORY'S POSITION |
Attorney of record, California bar member |
SIGNATORY'S PHONE NUMBER |
3109485584 |
DATE SIGNED |
10/23/2013 |
AUTHORIZED SIGNATORY |
YES |
FILING INFORMATION SECTION |
SUBMIT DATE |
Wed Oct 23 17:42:08 EDT 2013 |
TEAS STAMP |
USPTO/ROA-XX.XX.XXX.XXX-2
0131023174208707913-85340
547-500a55d54939d6edc9dd5
a038f6e96c7e3030849ceed17
026e1e19ef76df2f733c9-N/A
-N/A-20131023173615932464 |
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.
85340547 TWISTER(Standard Characters, see http://tess2.gov.uspto.report/ImageAgent/ImageAgentProxy?getImage=85340547) 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 031 for Dog and Pet food treats
Original Filing Basis:
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was
entitled, to use the mark in commerce on or in connection with the identified goods/services in the application.
For a collective trademark, collective service mark, or collective membership
mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members
on or in connection with the identified goods/services/collective membership organization.
For a certification mark application: As of the application filing date, the applicant had a
bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will
not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that
meet the certification standards of the applicant.
In International Class 031, the mark was first used at least as early as 07/01/2013 and first used in commerce at least as early as 07/01/2013 .
Proposed: Class 031 for Dog and Pet food treats
Deleted Filing Basis: 1(b)
In International Class 031, the mark was first used at least as early as 07/01/2013 . and first used in commerce at least as early as 07/01/2013 .
Applicant hereby submits one(or more) specimen(s) for Class 031 . The specimen(s) submitted consists of Product labels showing that the word "Jumbo" merely indicates the size of the treats as opposed
to being part of the mark. Additional product label shows "small" merely indicates size of the treats as opposed to being part of the mark. .
"
The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing date of the application"[for an application based
on Section 1(a), Use in Commerce] OR "
The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce prior either to the filing of the Amendment to
Allege Use or expiration of the filing deadline for filing a Statement of Use"
[for an application based on Section 1(b) Intent-to-Use].
OR "The attached specimen is a true copy
of the specimen that was originally submitted with the application, amendment to allege use, or statement of use" [for an illegible specimen].
Specimen File1
Specimen File2
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: /mjh/ Date: 10/23/2013
Signatory's Name: Mark J. Henderson
Signatory's Position: Attorney of record, California bar member
Signatory's Phone Number: 3109485584
Response Signature
Signature: /mjh/ Date: 10/23/2013
Signatory's Name: Mark J. Henderson
Signatory's Position: Attorney of record, California bar member
Signatory's Phone Number: 3109485584
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: 85340547
Internet Transmission Date: Wed Oct 23 17:42:08 EDT 2013
TEAS Stamp: USPTO/ROA-XX.XX.XXX.XXX-2013102317420870
7913-85340547-500a55d54939d6edc9dd5a038f
6e96c7e3030849ceed17026e1e19ef76df2f733c
9-N/A-N/A-20131023173615932464