Response to Office Action

PTO Form 1957 (Rev 9/2005)

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

---

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. 85396621 ADVANTAGE(Standard Characters, see http://tess2.gov.uspto.report/ImageAgent/ImageAgentProxy?getImage=85396621) has been amended as follows:

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

Everest & Jennings, Inc. owned the original mark which has been stated as the basis for refusal to issue this new mark.  GF Health Products, Inc. purchased that company and all of its trademarks.  A true and correct copy of the relevant pages of the Asset Purchase Agreement and Trademark Assignment are attached in the Evidence section. 

The holder of that mark (the same being GF Health Products, Inc.) hereby states that it is willing to abandon that trademark if and only if the trademark may now be registered with GF Health Products, Inc.

We recognize that it might have been more efficient to file this as an assignment and renewal, but unfortunatelly the paralegal and attorney handling this on or our behalf did not do this and thus we are now in our current position.

EVIDENCE
Evidence in the nature of The Trademark Assignment Portion of the relevant Asset Purchase Agreement, whereby the trademark at issue is assigned from the original holder, Everest & Jennings, Inc. to GF Health Products, Inc. has been attached.
Original PDF file:
evi_6820819886-113107629_._DOCUMENTATION_DEMONSTRATING_OWNERSHIP_CHANGE_OF_TRADEMARK.pdf
Converted PDF file(s) ( 7 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Evidence-6
Evidence-7

SIGNATURE(S)
Response Signature
Signature: /Lori Kirschner/     Date: 12/29/2011
Signatory's Name: Lori Kirschner
Signatory's Position: Sr. VP HR & Administration

Signatory's Phone Number: 678-291-3344

The signatory has confirmed that he/she is not represented by either an authorized attorney or Canadian attorney/agent, and that he/she is either (1) the applicant or (2) a person(s) with legal authority to bind the applicant; and if an authorized U.S. attorney or Canadian attorney/agent previously represented him/her in this matter, either he/she has filed a signed revocation of power of attorney with the USPTO or the USPTO has granted the request of his/her prior representative to withdraw.

        
Serial Number: 85396621
Internet Transmission Date: Thu Dec 29 11:57:11 EST 2011
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XX-2011122911571162
8412-85396621-490fe3faba2ec4528113bb2fa5
3b7ef748-N/A-N/A-20111229113107629424