Response to Office Action

PTO Form 1957 (Rev 9/2005)

OMB No. 0651-0050 (Exp. 07/31/2017)

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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. 85392196 EVERCLEAN(Standard Characters, see http://tess2.gov.uspto.report/ImageAgent/ImageAgentProxy?getImage=85392196) has been amended as follows:

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

In response to the office action dated February 14, 2012 and further to a phone conference between Examining Attorney Kearney and Applicant’s undersigned attorney of record on or about March 26, 2012, Applicant hereby amends the goods claimed in the application to the following:

Laundry detergents; preparations for use in commercial laundries, namely, enzyme preparations, pH control preparations, softeners, and brighteners in international class 3.

Applicant believes this amendment resolves the issues raised by Examining Attorney Kearney and therefore respectfully requests the rejection of the Application be withdrawn.  If a telephone conference would advance the prosecution of this application, the Applicant’s undersigned attorney of record may be contacted at 502-562-7378.

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant hereby deletes the following class of goods/services from the application.
Class 001 for chemicals used in the textile care industry, namely, detergents for use in commercial laundries, cleansing scours, cleansing enzyme preparations, pH control preparations, fabric softeners, fabric brighteners, and specialty chemicals for use in commercial laundries

Applicant hereby adds the following class of goods/services to the application:
New: Class 003 (Original Class: 001 ) for laundry detergents; preparations for use in commercial laundries, namely, enzyme preparations, pH control preparations, softeners, and brighteners
Filing Basis: Section 1(a), Use in Commerce: The mark was first used at least as early as 09/01/1991 and first used in commerce at least as early as 09/01/1991 , and is now in use in such commerce.

SIGNATURE(S)
Response Signature
Signature: /Matthew A. Williams/     Date: 05/16/2012
Signatory's Name: Matthew A. Williams
Signatory's Position: Attorney of record, Kentucky bar member

Signatory's Phone Number: 502.589.5235

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: 85392196
Internet Transmission Date: Wed May 16 11:19:36 EDT 2012
TEAS Stamp: USPTO/ROA-XX.XX.XXX.XXX-2012051611193652
5788-85392196-490303bb16fe12614ceaa1eb47
9a515d03e-N/A-N/A-20120516110448381518