| PTO Form 1957 (Rev 9/2005) |
| OMB No. 0651-0050 (Exp. 07/31/2017) |
Response to Office Action
The table below presents the data as entered.
Input Field
|
Entered
|
| SERIAL NUMBER |
86025887 |
| LAW OFFICE ASSIGNED |
LAW OFFICE 107 |
| MARK SECTION |
| MARK |
http://uspto.report/TM/86025887/mark.png |
| LITERAL ELEMENT |
CVS PHARMACY |
| STANDARD CHARACTERS |
YES |
| USPTO-GENERATED IMAGE |
YES |
| MARK STATEMENT |
The mark consists of standard characters, without claim to any particular font style, size or color. |
| GOODS AND/OR SERVICES SECTION (003)(no change) |
| GOODS AND/OR SERVICES SECTION (005)(no change) |
| GOODS AND/OR SERVICES SECTION (006)(current) |
| INTERNATIONAL CLASS |
006 |
| DESCRIPTION |
Metal identification bracelets for medical purposes |
| FILING BASIS |
Section 1(a) |
| FIRST USE ANYWHERE DATE |
At least as early as 01/07/1995 |
| FIRST USE IN COMMERCE DATE |
At least as early as 01/07/1995 |
| GOODS AND/OR SERVICES SECTION (006)(proposed) |
| INTERNATIONAL CLASS |
006 |
| DESCRIPTION |
Metal identification bracelets for medical purposes |
| FILING BASIS |
Section 1(a) |
| FIRST USE ANYWHERE DATE |
At least as early as 05/24/2008 |
| FIRST USE IN COMMERCE DATE |
At least as early as 05/24/2008 |
| STATEMENT TYPE |
"The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing
date of the application"[for an application based on Section 1(a), Use in Commerce] OR "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in
commerce prior either to the filing of the Amendment to Allege Use or expiration of the filing deadline for filing a Statement of Use" [for an application based on Section 1(b)
Intent-to-Use]. OR "The attached specimen is a true copy of the specimen that was originally submitted with the application, amendment to allege use, or statement of use" [for an
illegible specimen]. |
| SPECIMEN FILE NAME(S) |
| ORIGINAL PDF FILE |
SPU2-102013161-20140905114439934790_._CVS_PHARMACY_Class_6_Specimen.pdf |
CONVERTED PDF FILE(S)
(2 pages) |
\\TICRS\EXPORT16\IMAGEOUT16\860\258\86025887\xml8\ROA0002.JPG |
| |
\\TICRS\EXPORT16\IMAGEOUT16\860\258\86025887\xml8\ROA0003.JPG |
| SPECIMEN DESCRIPTION |
website printout depicting use of the mark in connection with identification bracelets |
| GOODS AND/OR SERVICES SECTION (008)(no change) |
| GOODS AND/OR SERVICES SECTION (009)(no change) |
| GOODS AND/OR SERVICES SECTION (010)(no change) |
| GOODS AND/OR SERVICES SECTION (011)(current) |
| INTERNATIONAL CLASS |
011 |
| DESCRIPTION |
Humidifiers |
| FILING BASIS |
Section 1(a) |
| FIRST USE ANYWHERE DATE |
At least as early as 01/21/1997 |
| FIRST USE IN COMMERCE DATE |
At least as early as 01/21/1997 |
| GOODS AND/OR SERVICES SECTION (011)(proposed) |
| INTERNATIONAL CLASS |
011 |
| DESCRIPTION |
Humidifiers |
| FILING BASIS |
Section 1(a) |
| FIRST USE ANYWHERE DATE |
At least as early as 09/15/2001 |
| FIRST USE IN COMMERCE DATE |
At least as early as 09/15/2001 |
| STATEMENT TYPE |
"The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing
date of the application"[for an application based on Section 1(a), Use in Commerce] OR "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in
commerce prior either to the filing of the Amendment to Allege Use or expiration of the filing deadline for filing a Statement of Use" [for an application based on Section 1(b)
Intent-to-Use]. OR "The attached specimen is a true copy of the specimen that was originally submitted with the application, amendment to allege use, or statement of use" [for an
illegible specimen]. |
| SPECIMEN FILE NAME(S) |
| ORIGINAL PDF FILE |
SPU6-102013161-20140905114439934790_._CVS_Pharmacy_Class_11_Specimen.pdf |
CONVERTED PDF FILE(S)
(2 pages) |
\\TICRS\EXPORT16\IMAGEOUT16\860\258\86025887\xml8\ROA0004.JPG |
| |
\\TICRS\EXPORT16\IMAGEOUT16\860\258\86025887\xml8\ROA0005.JPG |
| SPECIMEN DESCRIPTION |
website printout depicting use of the mark in connection with a humidifier |
| GOODS AND/OR SERVICES SECTION (020)(current) |
| INTERNATIONAL CLASS |
020 |
| DESCRIPTION |
| Foam toe separators for use in pedicures; bath chairs as bath safety products adapted for use by the physically disabled; foot care
implements in the nature of foot rests; foot care implements in the nature of foam toe separators for use in pedicures |
| FILING BASIS |
Section 1(a) |
| FIRST USE ANYWHERE DATE |
At least as early as 01/07/1995 |
| FIRST USE IN COMMERCE DATE |
At least as early as 01/07/1995 |
| GOODS AND/OR SERVICES SECTION (020)(proposed) |
| INTERNATIONAL CLASS |
020 |
| DESCRIPTION |
| Foam toe separators for use in pedicures; bath chairs as bath safety products adapted for use by the physically disabled; foot care
implements in the nature of foot rests; foot care implements in the nature of foam toe separators for use in pedicures |
| FILING BASIS |
Section 1(a) |
| FIRST USE ANYWHERE DATE |
At least as early as 12/06/2008 |
| FIRST USE IN COMMERCE DATE |
At least as early as 12/06/2008 |
| STATEMENT TYPE |
"The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing
date of the application"[for an application based on Section 1(a), Use in Commerce] OR "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in
commerce prior either to the filing of the Amendment to Allege Use or expiration of the filing deadline for filing a Statement of Use" [for an application based on Section 1(b)
Intent-to-Use]. OR "The attached specimen is a true copy of the specimen that was originally submitted with the application, amendment to allege use, or statement of use" [for an
illegible specimen]. |
| SPECIMEN FILE NAME(S) |
| ORIGINAL PDF FILE |
SPU7-102013161-20140905114439934790_._CVS_Pharmacy_Class_20_Specimen.pdf |
CONVERTED PDF FILE(S)
(2 pages) |
\\TICRS\EXPORT16\IMAGEOUT16\860\258\86025887\xml8\ROA0006.JPG |
| |
\\TICRS\EXPORT16\IMAGEOUT16\860\258\86025887\xml8\ROA0007.JPG |
| SPECIMEN DESCRIPTION |
website printout depicting use of the mark in connection with a toe separator |
| GOODS AND/OR SERVICES SECTION (021)(current) |
| INTERNATIONAL CLASS |
021 |
| DESCRIPTION |
| Oral hygiene devices, namely, toothbrushes, toothbrush heads, dental floss, dental flossers, dental floss picks featuring a brush, and
dental care kits consisting primarily of toothbrushes and toothpaste; personal dispensers for pills or capsules for domestic use; cotton balls; foot brushes; dental tape |
| FILING BASIS |
Section 1(a) |
| FIRST USE ANYWHERE DATE |
At least as early as 01/07/1995 |
| FIRST USE IN COMMERCE DATE |
At least as early as 01/07/1995 |
| GOODS AND/OR SERVICES SECTION (021)(proposed) |
| INTERNATIONAL CLASS |
021 |
| DESCRIPTION |
| Oral hygiene devices, namely, toothbrushes, toothbrush heads, dental floss, dental flossers, dental floss picks featuring a brush, and
dental care kits consisting primarily of toothbrushes and toothpaste; personal dispensers for pills or capsules for domestic use; cotton balls; foot brushes; dental tape |
| FILING BASIS |
Section 1(a) |
| FIRST USE ANYWHERE DATE |
At least as early as 01/07/1995 |
| FIRST USE IN COMMERCE DATE |
At least as early as 01/07/1995 |
| STATEMENT TYPE |
"The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing
date of the application"[for an application based on Section 1(a), Use in Commerce] OR "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in
commerce prior either to the filing of the Amendment to Allege Use or expiration of the filing deadline for filing a Statement of Use" [for an application based on Section 1(b)
Intent-to-Use]. OR "The attached specimen is a true copy of the specimen that was originally submitted with the application, amendment to allege use, or statement of use" [for an
illegible specimen]. |
SPECIMEN
FILE NAME(S) |
\\TICRS\EXPORT16\IMAGEOUT 16\860\258\86025887\xml8\ ROA0008.JPG |
| SPECIMEN DESCRIPTION |
image of a toothbrush depicting use of the mark |
| GOODS AND/OR SERVICES SECTION (024)(no change) |
| GOODS AND/OR SERVICES SECTION (025)(no change) |
| SIGNATURE SECTION |
| DECLARATION SIGNATURE |
The filing Attorney has elected not to submit the signed declaration, believing no supporting declaration is required under the Trademark
Rules of Practice. |
| RESPONSE SIGNATURE |
/maria a scungio/ |
| SIGNATORY'S NAME |
Maria A. Scungio |
| SIGNATORY'S POSITION |
Attorney of record, New York bar member |
| SIGNATORY'S PHONE NUMBER |
2129122909 |
| DATE SIGNED |
09/05/2014 |
| AUTHORIZED SIGNATORY |
YES |
| FILING INFORMATION SECTION |
| SUBMIT DATE |
Fri Sep 05 12:32:15 EDT 2014 |
| TEAS STAMP |
USPTO/ROA-XX.XX.XX.XXX-20
140905123215833536-860258
87-500a45b568fbcdbbf86819
e574365d4f5e711f0f851f31a
0975b80ea4ebe5b6-N/A-N/A-
20140905114439934790 |
| 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.
86025887 CVS PHARMACY(Standard Characters, see http://uspto.report/TM/86025887/mark.png) 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 006 for Metal identification bracelets for medical 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 01/07/1995 and first used in commerce at least as early as 01/07/1995 , and
is now in use in such commerce.
Proposed: Class 006 for Metal identification bracelets for medical 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 05/24/2008 and first used in commerce at least as early as 05/24/2008 , and
is now in use in such commerce.
Applicant hereby submits one(or more) specimen(s) for Class 006 . The specimen(s) submitted consists of website printout depicting use of the mark in connection with identification bracelets .
"
The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing date of the application"[for an application based
on Section 1(a), Use in Commerce] OR "
The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce prior either to the filing of the Amendment to
Allege Use or expiration of the filing deadline for filing a Statement of Use"
[for an application based on Section 1(b) Intent-to-Use].
OR "The attached specimen is a true copy
of the specimen that was originally submitted with the application, amendment to allege use, or statement of use" [for an illegible specimen].
Original PDF file:
SPU2-102013161-20140905114439934790_._CVS_PHARMACY_Class_6_Specimen.pdf
Converted PDF file(s) ( 2 pages)
Specimen File1
Specimen File2
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 011 for Humidifiers
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 01/21/1997 and first used in commerce at least as early as 01/21/1997 , and
is now in use in such commerce.
Proposed: Class 011 for Humidifiers
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 09/15/2001 and first used in commerce at least as early as 09/15/2001 , and
is now in use in such commerce.
Applicant hereby submits one(or more) specimen(s) for Class 011 . The specimen(s) submitted consists of website printout depicting use of the mark in connection with a humidifier .
"
The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing date of the application"[for an application based
on Section 1(a), Use in Commerce] OR "
The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce prior either to the filing of the Amendment to
Allege Use or expiration of the filing deadline for filing a Statement of Use"
[for an application based on Section 1(b) Intent-to-Use].
OR "The attached specimen is a true copy
of the specimen that was originally submitted with the application, amendment to allege use, or statement of use" [for an illegible specimen].
Original PDF file:
SPU6-102013161-20140905114439934790_._CVS_Pharmacy_Class_11_Specimen.pdf
Converted PDF file(s) ( 2 pages)
Specimen File1
Specimen File2
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 020 for Foam toe separators for use in pedicures; bath chairs as bath safety products adapted for use by the physically disabled; foot care implements in the nature of foot
rests; foot care implements in the nature of foam toe separators for use in pedicures
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 01/07/1995 and first used in commerce at least as early as 01/07/1995 , and
is now in use in such commerce.
Proposed: Class 020 for Foam toe separators for use in pedicures; bath chairs as bath safety products adapted for use by the physically disabled; foot care implements in the nature of foot
rests; foot care implements in the nature of foam toe separators for use in pedicures
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 12/06/2008 and first used in commerce at least as early as 12/06/2008 , and
is now in use in such commerce.
Applicant hereby submits one(or more) specimen(s) for Class 020 . The specimen(s) submitted consists of website printout depicting use of the mark in connection with a toe separator .
"
The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing date of the application"[for an application based
on Section 1(a), Use in Commerce] OR "
The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce prior either to the filing of the Amendment to
Allege Use or expiration of the filing deadline for filing a Statement of Use"
[for an application based on Section 1(b) Intent-to-Use].
OR "The attached specimen is a true copy
of the specimen that was originally submitted with the application, amendment to allege use, or statement of use" [for an illegible specimen].
Original PDF file:
SPU7-102013161-20140905114439934790_._CVS_Pharmacy_Class_20_Specimen.pdf
Converted PDF file(s) ( 2 pages)
Specimen File1
Specimen File2
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 021 for Oral hygiene devices, namely, toothbrushes, toothbrush heads, dental floss, dental flossers, dental floss picks featuring a brush, and dental care kits consisting
primarily of toothbrushes and toothpaste; personal dispensers for pills or capsules for domestic use; cotton balls; foot brushes; dental tape
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 01/07/1995 and first used in commerce at least as early as 01/07/1995 , and
is now in use in such commerce.
Proposed: Class 021 for Oral hygiene devices, namely, toothbrushes, toothbrush heads, dental floss, dental flossers, dental floss picks featuring a brush, and dental care kits consisting
primarily of toothbrushes and toothpaste; personal dispensers for pills or capsules for domestic use; cotton balls; foot brushes; dental tape
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 01/07/1995 and first used in commerce at least as early as 01/07/1995 , and
is now in use in such commerce.
Applicant hereby submits one(or more) specimen(s) for Class 021 . The specimen(s) submitted consists of image of a toothbrush depicting use of the mark .
"
The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing date of the application"[for an application based
on Section 1(a), Use in Commerce] OR "
The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce prior either to the filing of the Amendment to
Allege Use or expiration of the filing deadline for filing a Statement of Use"
[for an application based on Section 1(b) Intent-to-Use].
OR "The attached specimen is a true copy
of the specimen that was originally submitted with the application, amendment to allege use, or statement of use" [for an illegible specimen].
Specimen File1
SIGNATURE(S)
Declaration Signature
I hereby elect to bypass the submission of a signed declaration, because I believe a declaration is not required by the rules of practice. I understand that the examining attorney could still, upon
later review, require a signed declaration.
Response Signature
Signature: /maria a scungio/ Date: 09/05/2014
Signatory's Name: Maria A. Scungio
Signatory's Position: Attorney of record, New York bar member
Signatory's Phone Number: 2129122909
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: 86025887
Internet Transmission Date: Fri Sep 05 12:32:15 EDT 2014
TEAS Stamp: USPTO/ROA-XX.XX.XX.XXX-20140905123215833
536-86025887-500a45b568fbcdbbf86819e5743
65d4f5e711f0f851f31a0975b80ea4ebe5b6-N/A
-N/A-20140905114439934790
