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. 86047055 DOLO-FEED(Standard Characters, see http://tess2.gov.uspto.report/ImageAgent/ImageAgentProxy?getImage=86047055) has been amended as follows:

ADDITIONAL STATEMENTS
Miscellaneous Statement
Applicant uses the mark in conjunction with the sale of animal feed supplements. These supplements are sold by Applicant in bulk (e.g., large quantities measured in tons). Applicant does not sell these supplements in smaller quantities. More specifically, Applicant does not sell these goods in smaller packaging or containers which bear labels; rather Applicant transports and sells the goods in bulk, making it impracticable to place the mark on the goods (and therefore impracticable to submit any alternative specimen). ---- The Examiner contends that the specimen submitted displays the mark as DOLO-FEED #12 whereas the applied-for-mark is DOLO-FEED without "#12" and, therefore, the mark in the drawing is not a substantially exact representation of the mark on the specimen. Applicant respectfully disagrees with the foregoing contention. In this case, the specimen, a product ticket, is produced in such a manner that all elements on the ticket use the same the font and are in the same font size. This is, in part, as the specimen is a receipt or product ticket, it is not a label or packaging which uses varying fonts, colors, or graphics. The trademark happens to be used on the ticket in the section which also identifies the size of the product. The line entry in that section has two components: (i) the trademark product name and (ii) the size. While these may be in the same font, it is clear to one purchasing the goods that the word(s) DOLO-FEED relate to the product and the #12 relates to the size.


SIGNATURE(S)
Response Signature
Signature: /anthony tacconi/     Date: 01/20/2014
Signatory's Name: Anthony Tacconi
Signatory's Position: Attorney of record, Virginia bar member

Signatory's Phone Number: (804) 658-1108

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: 86047055
Internet Transmission Date: Mon Jan 20 17:50:15 EST 2014
TEAS Stamp: USPTO/ROA-XX.XX.XXX.XXX-2014012017501571
2373-86047055-500453533d740ff8cbc9750a8b
e75cc0d0283f48d45e96707c50662156484cd7-N
/A-N/A-20140120174715394927