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 |
86140417 |
LAW OFFICE ASSIGNED |
LAW OFFICE 113 |
MARK SECTION |
MARK FILE NAME |
http://uspto.report/TM/86140417/mark.png |
LITERAL ELEMENT |
COLGATE |
STANDARD CHARACTERS |
NO |
USPTO-GENERATED IMAGE |
NO |
GOODS AND/OR SERVICES SECTION (003)(current) |
INTERNATIONAL CLASS |
003 |
DESCRIPTION |
Oral care preparations; cosmetic oral care preparations; oral care products; toothpaste; mouthwash; dental rinses; dentifrices;
tooth-whitening preparations |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (003)(proposed) |
INTERNATIONAL CLASS |
003 |
TRACKED TEXT DESCRIPTION |
Oral care preparations; Toothpaste; cosmetic oral care preparations; mouthwash; oral care products; non-medicated dental
rinses; dentifrices; tooth-whitening preparations; dental rinses; a
professional tooth whitening system consisting of whitening preparations, syringes and mouth trays; an applicator cartridge pen pre-filled with a tooth
whitening preparation |
FINAL DESCRIPTION |
Toothpaste; mouthwash; non-medicated dental rinses; dentifrices; tooth-whitening preparations; a professional tooth whitening system
consisting of whitening preparations, syringes and mouth trays; an applicator cartridge pen pre-filled with a tooth whitening preparation |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (005)(current) |
INTERNATIONAL CLASS |
005 |
DESCRIPTION |
Medicated oral care preparations; medicines for dental purposes; medicated oral care products; medicated toothpaste; medicated
mouthwash; medicated dental rinses; a professional tooth whitening system consisting of whitening preparations, syringes and mouth trays; pre-filled dental trays for applying dental compositions to
teeth; dental lacquer |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (005)(proposed) |
INTERNATIONAL CLASS |
005 |
TRACKED TEXT DESCRIPTION |
Medicated oral care preparations; Medicines for dental purposes;
medicated oral care products, namely, dental varnish for use by dentists; medicated oral care products; medicated toothpaste; medicated mouthwash; medicated dental rinses; pre-filled dental trays for applying
dental compositions to teeth; a professional tooth whitening system consisting of whitening preparations, syringes and mouth trays; dental lacquer |
FINAL DESCRIPTION |
Medicines for dental purposes; medicated oral care products, namely, dental varnish for use by dentists; medicated toothpaste;
medicated mouthwash; medicated dental rinses; pre-filled dental trays for applying dental compositions to teeth; dental lacquer |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (010)(class deleted) |
GOODS AND/OR SERVICES SECTION (021)(current) |
INTERNATIONAL CLASS |
021 |
DESCRIPTION |
Oral care products; toothbrushes; electric toothbrushes; dental floss; interdental cleaners; dental applicator brushes |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (021)(proposed) |
INTERNATIONAL CLASS |
021 |
TRACKED TEXT DESCRIPTION |
Oral care products; Toothbrushes; electric
toothbrushes; dental floss; interdental cleaners; dental applicator brushes |
FINAL DESCRIPTION |
Toothbrushes; electric toothbrushes; dental floss; interdental cleaners |
FILING BASIS |
Section 1(b) |
SIGNATURE SECTION |
RESPONSE SIGNATURE |
/Allison Strickland Ricketts/ |
SIGNATORY'S NAME |
Allison Strickland Ricketts |
SIGNATORY'S POSITION |
Attorney of Record |
SIGNATORY'S PHONE NUMBER |
212-813-5900 |
DATE SIGNED |
09/22/2014 |
AUTHORIZED SIGNATORY |
YES |
FILING INFORMATION SECTION |
SUBMIT DATE |
Mon Sep 22 13:11:33 EDT 2014 |
TEAS STAMP |
USPTO/ROA-XX.XXX.XXX.X-20
140922131133965240-861404
17-500d86b124af8b6b52d8d1
d8f618acbe43da9dc0a2fc2ee
ec5c396c8cca7b136c-N/A-N/
A-20140919104830160563 |
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.
86140417 COLGATE (Stylized and/or with Design, see http://uspto.report/TM/86140417/mark.png) has been amended as follows:
CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant hereby deletes the following class of goods/services from the application.
Class 010 for Dental apparatus and instruments; apparatus for care of teeth, gums and mouth; an applicator cartridge pen pre-filled with a tooth whitening preparation; syringes for applying dental
preparations
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 003 for Oral care preparations; cosmetic oral care preparations; oral care products; toothpaste; mouthwash; dental rinses; dentifrices; tooth-whitening preparations
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: Oral care preparations;
Toothpaste;
cosmetic oral care
preparations;
mouthwash;
oral care products;
non-medicated dental rinses;
dentifrices;
tooth-whitening preparations;
dental rinses;
a professional tooth whitening
system consisting of whitening preparations, syringes and mouth trays;
an applicator cartridge pen pre-filled with a tooth whitening preparationClass 003
for Toothpaste; mouthwash; non-medicated dental rinses; dentifrices; tooth-whitening preparations; a professional tooth whitening system consisting of whitening preparations, syringes and mouth
trays; an applicator cartridge pen pre-filled with a tooth whitening preparation
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 005 for Medicated oral care preparations; medicines for dental purposes; medicated oral care products; medicated toothpaste; medicated mouthwash; medicated dental rinses; a
professional tooth whitening system consisting of whitening preparations, syringes and mouth trays; pre-filled dental trays for applying dental compositions to teeth; dental lacquer
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: Medicated oral care preparations;
Medicines for dental purposes;
medicated oral care products, namely, dental varnish for use by dentists;
medicated oral care products;
medicated
toothpaste;
medicated mouthwash;
medicated dental rinses;
pre-filled dental trays for applying dental compositions to
teeth;
a professional tooth whitening system consisting of whitening preparations, syringes and mouth trays;
dental
lacquerClass 005 for Medicines for dental purposes; medicated oral care products, namely, dental varnish for use by dentists; medicated toothpaste; medicated mouthwash; medicated dental
rinses; pre-filled dental trays for applying dental compositions to teeth; dental lacquer
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 021 for Oral care products; toothbrushes; electric toothbrushes; dental floss; interdental cleaners; dental applicator brushes
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: Oral care products;
Toothbrushes;
electric toothbrushes;
dental floss;
interdental cleaners;
dental applicator brushesClass 021 for Toothbrushes; electric toothbrushes; dental
floss; interdental cleaners
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: /Allison Strickland Ricketts/ Date: 09/22/2014
Signatory's Name: Allison Strickland Ricketts
Signatory's Position: Attorney of Record
Signatory's Phone Number: 212-813-5900
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: 86140417
Internet Transmission Date: Mon Sep 22 13:11:33 EDT 2014
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.X-20140922131133965
240-86140417-500d86b124af8b6b52d8d1d8f61
8acbe43da9dc0a2fc2eeec5c396c8cca7b136c-N
/A-N/A-20140919104830160563