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. 86136053 EZY DOSE (Stylized and/or with Design, see http://uspto.report/TM/86136053/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 010 for Medicine dosage spoons, droppers and oral syringes, infant medicine nursers, drinking cups for dispensing medications, pill and tablet crushers and cutters; specimen cups for medical use; syringes for medical use; applicator bottle used to dispense alcohol to the skin; medical diagnostic test strips, namely, pH test papers used to measure glucose levels; medical ear syringes; medical apparatus in the nature of syringe magnifiers to be used with medical syringes; lancets; nasal aspirators
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: Medicine dosage spoons, droppers and oral syringes, infant medicine nursers, drinking cups for dispensing medications, pill and tablet crushers and cutters; Medicine dosage spoons, droppers and oral syringes, sold empty, infant medicine nursers, drinking cups for dispensing medications, and pill and tablet crushers and cutters; specimen cups for medical use; syringes for medical use; applicator bottle used to dispense alcohol to the skin; medical apparatus, namely, applicator bottle used to dispense alcohol to the skin; medical diagnostic test strips, namely, pH test papers used to measure glucose levels; medical ear syringes; medical apparatus in the nature of syringe magnifiers to be used with medical syringes; lancets; nasal aspiratorsClass 010 for Medicine dosage spoons, droppers and oral syringes, sold empty, infant medicine nursers, drinking cups for dispensing medications, and pill and tablet crushers and cutters; specimen cups for medical use; syringes for medical use; medical apparatus, namely, applicator bottle used to dispense alcohol to the skin; medical ear syringes; medical apparatus in the nature of syringe magnifiers to be used with medical syringes; lancets; nasal aspirators
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.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 020 for Dispensers for pills or capsules, sold empty; plastic containers for storing and organizing medications and vitamins, sold empty; non-metal pill fob key chains; medical storage apparatus, namely, plastic pill dispensers, plastic pill containers, plastic pill medication cases, non-metal boxes for storing pills, each sold empty
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: Dispensers for pills or capsules, sold empty; Commercial dispensers for pills or capsules, sold empty; plastic containers for storing and organizing medications and vitamins, sold empty; plastic containers for storing and organizing medications and vitamins for commercial use, sold empty; non-metal pill fob key chains; medical storage apparatus, namely, plastic pill dispensers, plastic pill containers, plastic pill medication cases, non-metal boxes for storing pills, each sold empty; medical storage apparatus, namely, plastic pill dispensers, plastic pill containers, plastic pill medication cases, and non-metal plastic boxes for storing pills, each sold empty for commercial useClass 020 for Commercial dispensers for pills or capsules, sold empty; plastic containers for storing and organizing medications and vitamins for commercial use, sold empty; non-metal pill fob key chains; medical storage apparatus, namely, plastic pill dispensers, plastic pill containers, plastic pill medication cases, and non-metal plastic boxes for storing pills, each sold empty for commercial use
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.

Applicant hereby adds the following class of goods/services to the application:
New: Class 021 for Personal dispensers for pills or capsules for domestic use, sold empty; plastic containers for storing and organizing medications and vitamins for household use, sold empty; personal medical storage apparatus, namely, plastic pill dispensers, plastic containers for storing and organizing medications and vitamins, and non-metal boxes for storing pills, each sold empty for domestic and household use
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.

ADDITIONAL STATEMENTS
Disclaimer
No claim is made to the exclusive right to use DOSE apart from the mark as shown.


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

SIGNATURE(S)
Declaration Signature

DECLARATION: The signatory being warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. Section 1001, and that such willful false statements and the like may jeopardize the validity of the application or submission or any registration resulting therefrom, declares that, if the applicant submitted the application or amendment to allege use (AAU) unsigned, all statements in the application or AAU and this submission based on the signatory's own knowledge are true, and all statements in the application or AAU and this submission made on information and belief are believed to be true.

STATEMENTS FOR UNSIGNED SECTION 1(a) APPLICATION/AAU: If the applicant filed an unsigned application under 15 U.S.C. Section 1051(a) or AAU under 15 U.S.C. Section 1051(c), the signatory additionally believes that: the applicant is the owner of the trademark/service mark sought to be registered; the applicant or the applicant's related company or licensee is using the mark in commerce and has been using the mark in commerce as of the filing date of the application or AAU on or in connection with the goods/services in the application or AAU, and such use by the applicant's related company or licensee inures to the benefit of the applicant; the original specimen(s), if applicable, shows the mark in use in commerce as of the filing date of the application or AAU on or in connection with the goods/services in the application or AAU; and to the best of the signatory's knowledge and belief, no other person has the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services of such other person, to cause confusion or mistake, or to deceive.

STATEMENTS FOR UNSIGNED SECTION 1(b)/SECTION 44 APPLICATION: If the applicant filed an unsigned application under 15 U.S.C. Section 1051(b), Section 1126(d), and/or Section 1126(e), the signatory additionally believes that: the applicant is entitled to use the mark in commerce; the applicant has a bona fide intention and has had a bona fide intention as of the application filing date to use or use through the applicant's related company or licensee the mark in commerce on or in connection with the goods/services in the application; and to the best of the signatory's knowledge and belief, no other person has the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services of such other person, to cause confusion or mistake, or to deceive.

Signature: /Andrew S Ehard/      Date: 09/18/2014
Signatory's Name: Andrew S. Ehard
Signatory's Position: Attorney for Applicant
Signatory's Phone Number: 612.336.4602


Response Signature
Signature: /Andrew S. Ehard/     Date: 09/18/2014
Signatory's Name: Andrew S. Ehard
Signatory's Position: Attorney for Applicant

Signatory's Phone Number: 612.336.4602

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: 86136053
RAM Accounting Date: 09/18/2014
        
Serial Number: 86136053
Internet Transmission Date: Thu Sep 18 10:11:00 EDT 2014
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.XX-201409181011007
68827-86136053-500c0cf75d97e35754a7050b6
59c46e95f4273d986f3f194c3d983fc4e3595b-C
C-7656-20140918094534777669