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. 85453040 CLEARANT(Standard Characters, see http://tess2.gov.uspto.report/ImageAgent/ImageAgentProxy?getImage=85453040) 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 Veterinary preparations for companion animals in the treatment of weight loss, obesity, urine spraying, chronic pain, gastrointestinal disorders, neurodegenerative disorders, parasitic infestations, neurological disorders, anxiety, hypertension, dermatitis, cancer, anemia associated with chronic renal failure, fleas, pain associated with orthopedic and soft tissue surgery, chronic kidney disease, and emesis; preparations for destroying vermin, namely, insecticides for use with livestock and livestock premises; production improvement for livestock, namely, medicated feed and medicated water additives for livestock; diagnostic agents, preparations and substances to identify pathogens or residues of biological interest for veterinary use; veterinary preparations for destroying vermin, namely, insecticides for use with livestock and livestock premises; veterinary preparations for the treatment of parasitic infestations in food animals; veterinary preparations for the treatment of pain control in food animals; vaccines for food animals; preparations for food safety including anti-microbials for food safety and food animal processing; veterinary preparations for the treatment, control and symptomatic relief of infectious and metabolic diseases of livestock; dietary food supplements for livestock; antibacterial pharmaceuticals; respiratory diagnostic agents, preparations and substances to identify pathogens or residues of biological interest for veterinary use; preparations in the treatment of immunological, bacterial, viral and fungal disorders, infectious diseases, and inflammation and inflammatory disorders in food animals
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.

Proposed:
Tracked Text Description: Veterinary preparations for companion animals in the treatment of weight loss, obesity, urine spraying, chronic pain, gastrointestinal disorders, neurodegenerative disorders, parasitic infestations, neurological disorders, anxiety, hypertension, dermatitis, cancer, anemia associated with chronic renal failure, fleas, pain associated with orthopedic and soft tissue surgery, chronic kidney disease, and emesis; preparations for destroying vermin, namely, insecticides for use with livestock and livestock premises; production improvement for livestock, namely, medicated feed and medicated water additives for livestock; diagnostic agents, preparations and substances to identify pathogens or residues of biological interest for veterinary use; veterinary preparations for destroying vermin, namely, insecticides for use with livestock and livestock premises; veterinary preparations for the treatment of parasitic infestations in food animals; veterinary preparations for the treatment of pain control in food animals; vaccines for food animals; preparations for food safety including anti-microbials for food safety and food animal processing; preparations for food safety and food animal processing, namely, bacteriophage, antimicrobials and vaccines to reduce levels of food borne pathogens carried in or on livestock, poultry or meat and to inhibit microbial decomposition in food and animal feed; veterinary preparations for the treatment, control and symptomatic relief of infectious and metabolic diseases of livestock; dietary food supplements for livestock; antibacterial pharmaceuticals; respiratory diagnostic agents, preparations and substances to identify pathogens or residues of biological interest for veterinary use; preparations in the treatment of immunological, bacterial, viral and fungal disorders, infectious diseases, and inflammation and inflammatory disorders in food animalsClass 005 for Veterinary preparations for companion animals in the treatment of weight loss, obesity, urine spraying, chronic pain, gastrointestinal disorders, neurodegenerative disorders, parasitic infestations, neurological disorders, anxiety, hypertension, dermatitis, cancer, anemia associated with chronic renal failure, fleas, pain associated with orthopedic and soft tissue surgery, chronic kidney disease, and emesis; preparations for destroying vermin, namely, insecticides for use with livestock and livestock premises; production improvement for livestock, namely, medicated feed and medicated water additives for livestock; diagnostic agents, preparations and substances to identify pathogens or residues of biological interest for veterinary use; veterinary preparations for destroying vermin, namely, insecticides for use with livestock and livestock premises; veterinary preparations for the treatment of parasitic infestations in food animals; veterinary preparations for the treatment of pain control in food animals; vaccines for food animals; preparations for food safety and food animal processing, namely, bacteriophage, antimicrobials and vaccines to reduce levels of food borne pathogens carried in or on livestock, poultry or meat and to inhibit microbial decomposition in food and animal feed; veterinary preparations for the treatment, control and symptomatic relief of infectious and metabolic diseases of livestock; dietary food supplements for livestock; antibacterial pharmaceuticals; respiratory diagnostic agents, preparations and substances to identify pathogens or residues of biological interest for veterinary use; preparations in the treatment of immunological, bacterial, viral and fungal disorders, infectious diseases, and inflammation and inflammatory disorders in food animals
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.

SIGNATURE(S)
Response Signature
Signature: /reljr44/     Date: 08/06/2012
Signatory's Name: Robert E. Lee, Jr.
Signatory's Position: Assistant General Patent Counsel

Signatory's Phone Number: 317-276-9624

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: 85453040
Internet Transmission Date: Mon Aug 06 11:12:16 EDT 2012
TEAS Stamp: USPTO/ROA-XX.XX.XXX.XX-20120806111216890
925-85453040-49093986a7bcfb19328149f53dc
ae733ca-N/A-N/A-20120806102154082052