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. 85443589 GAS RELIEF(Standard Characters, see http://tess2.gov.uspto.report/ImageAgent/ImageAgentProxy?getImage=85443589) 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 005 for Herbal tea; dietary supplement; herbal supplement; herbal tea for medicinal purposes
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 03/05/2012 and first used in commerce at least as early as 03/05/2012 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Herbal tea; Dietary supplement; herbal supplement; herbal tea for medicinal purposesClass 005 for Dietary supplement; herbal supplement; herbal tea for medicinal purposes
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 03/05/2012 and first used in commerce at least as early as 03/05/2012 , and is now in use in such commerce.
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 030 for Herbal tea; herbal tea preparations
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 03/05/2012 and first used in commerce at least as early as 03/05/2012 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Herbal tea; herbal tea preparations; herbal tea preparations, namely, blends in the nature of dried herbs and herbal extracts, and herbal tea preparations, namely, mixes in the nature of concentrates, syrups or powders used in the preparation of tea based beveragesClass 030 for Herbal tea; herbal tea preparations, namely, blends in the nature of dried herbs and herbal extracts, and herbal tea preparations, namely, mixes in the nature of concentrates, syrups or powders used in the preparation of tea based beverages
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 03/05/2012 and first used in commerce at least as early as 03/05/2012 , and is now in use in such commerce.
ADDITIONAL STATEMENTS
Supplemental Register
The applicant seeks registration of the mark on the Supplemental Register (i.e., a change of the words 'Principal Register' to 'Supplemental Register').


SIGNATURE(S)
Response Signature
Signature: /Tami L. Wahl/     Date: 04/30/2012
Signatory's Name: Tami L. Wahl
Signatory's Position: Attorney of Record, Texas SBN 24003127

Signatory's Phone Number: 7078246717

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: 85443589
Internet Transmission Date: Mon Apr 30 18:23:57 EDT 2012
TEAS Stamp: USPTO/ROA-XX.XX.XXX.XX-20120430182357164
278-85443589-490e464dd16453022ab1d6f5ac2
8b879fb2-N/A-N/A-20120430180908918123