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. 85461535 NATURASIL (Stylized and/or with Design, see http://tess2.gov.uspto.report/ImageAgent/ImageAgentProxy?getImage=85461535) 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 supplements; dietay and nutritional supplements; lysine supplements; medicated skin care preparations; medicated preparations for use in the treatment of acne, athlete's foot, cherry angiomas, candida, eczema, jock itch, internal parasites, molluscum infections, nail fungus, neuropathy pain; ringworm, scabies, skin scars, shingles, skin tags, stretch marks, tinea versicolor, warts and insect bites; nail fungus soap; tinea veriscolor soap; sulfur soap; medicated preparations for pets, namely for treating ringworm, mange, dog warts; vitamins for dogs; herbal flea dips; pet shampoos; sulfur dip for pets
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 00/00/2005 and first used in commerce at least as early as 00/00/2005 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Herbal supplements; dietay and nutritional supplements; dietary and nutritional supplements; lysine supplements; lysine preparations; medicated skin care preparations; medicated preparations for use in the treatment of acne, athlete's foot, cherry angiomas, candida, eczema, jock itch, internal parasites, molluscum infections, nail fungus, neuropathy pain; medicated skin and body care preparations for use in the treatment of acne, athlete's foot, cherry angiomas, candida, eczema, jock itch, internal parasites, molluscum infections, nail fungus, neuropathy pain, ringworm, scabies, skin scars, shingles, skin tags, stretch marks, tinea versicolor, warts and insect bites; ringworm, scabies, skin scars, shingles, skin tags, stretch marks, tinea versicolor, warts and insect bites; nail fungus treatment preparations; nail fungus soap; pharmaceutical preparations for pets, namely for use in treating ringworm, mange and dog warts; tinea veriscolor soap; vitamins for dogs; sulfur soap; herbal flea dips for cats and dogs; medicated preparations for pets, namely for treating ringworm, mange, dog warts; medicated pet shampoos; medicated sulfur dips for the treatment of skin disorders in pets; herbal flea dips; pet shampoos; sulfur dip for petsClass 005 for Herbal supplements; dietary and nutritional supplements; lysine preparations; medicated skin care preparations; medicated skin and body care preparations for use in the treatment of acne, athlete's foot, cherry angiomas, candida, eczema, jock itch, internal parasites, molluscum infections, nail fungus, neuropathy pain, ringworm, scabies, skin scars, shingles, skin tags, stretch marks, tinea versicolor, warts and insect bites; nail fungus treatment preparations; pharmaceutical preparations for pets, namely for use in treating ringworm, mange and dog warts; vitamins for dogs; herbal flea dips for cats and dogs; medicated pet shampoos; medicated sulfur dips for the treatment of skin disorders in pets
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 00/00/2005 and first used in commerce at least as early as 00/00/2005 , and is now in use in such commerce.
Applicant hereby adds the following class of goods/services to the application:
New: Class 003 for Nail fungus soap; tinea veriscolor soap; sulfur soap for the treatment of skin disorders; non-medicated pet shampoo
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 00/00/2005 and first used in commerce at least as early as 00/00/2005 , and is now in use in such commerce.

ADDITIONAL STATEMENTS
Miscellaneous Statement
It is respectfully submitted that the specimens presently of record support use of the mark for goods in both Classes 3 and 5. The dates of use are the same for both Classes, so no additional Declaration is required.


FEE(S)
Fee(s) in the amount of $325 is being submitted.

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: /Mark Harrison/      Date: 05/01/2012
Signatory's Name: Mark Harrison
Signatory's Position: Attorney of Record, D.C. Bar Member
Signatory's Phone Number: 202-344-4019


Response Signature
Signature: /Mark Harrison/     Date: 05/01/2012
Signatory's Name: Mark Harrison
Signatory's Position: Attorney of Record, D.C. Bar Member

Signatory's Phone Number: 202-344-4019

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.

        
RAM Sale Number: 12538
RAM Accounting Date: 05/01/2012
        
Serial Number: 85461535
Internet Transmission Date: Tue May 01 13:13:44 EDT 2012
TEAS Stamp: USPTO/ROA-XXX.XXX.XX.XXX-201205011313445
23447-85461535-49056b6ead9fa0f5f012f658e
c9a4951d9-DA-12538-20120501123404813477