Response to Office Action

ANIMAL PHARMACEUTICALS

ANIMAL PHARM CARE USA, INC.

Response to Office Action

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 86143223
LAW OFFICE ASSIGNED LAW OFFICE 112
MARK SECTION
MARK http://uspto.report/TM/86143223/mark.png
LITERAL ELEMENT ANIMAL PHARMACEUTICALS
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.
ARGUMENT(S)

Applicant has inserted a Section 2(f) claim to overcome the Examining Attorney's Section 2(e)(1) refusal and the disclaimer requirement.

With respect to the Section 2(d) refusal, the cited '651 Registration appears to have not had its required Section 8 made and should be cancelled by the PTO. Additionally, the owner of such registration (Jason Braun) is Applicant's President.

 

ADDITIONAL STATEMENTS SECTION
SECTION 2(f) Claim of Acquired Distinctiveness, based on Five or More Years' Use The mark has become distinctive of the goods/services through the applicant's substantially exclusive and continuous use in commerce that the U.S. Congress may lawfully regulate for at least the five years immediately before the date of this statement.
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 /Daniel S. Polley/
SIGNATORY'S NAME Daniel S. Polley
SIGNATORY'S POSITION Attorney of record, Florida bar member
SIGNATORY'S PHONE NUMBER 561-347-5955
DATE SIGNED 08/27/2014
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Wed Aug 27 22:14:52 EDT 2014
TEAS STAMP USPTO/ROA-XXX.X.XXX.XXX-2
0140827221452169762-86143
223-500ff23f06e7e3621e658
d5f991f5c70d96d2c67a21da3
14a757bbad65cf1f70fd-N/A-
N/A-20140827220850904661



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. 86143223 ANIMAL PHARMACEUTICALS(Standard Characters, see http://uspto.report/TM/86143223/mark.png) has been amended as follows:

ARGUMENT(S)
In response to the substantive refusal(s), please note the following:

Applicant has inserted a Section 2(f) claim to overcome the Examining Attorney's Section 2(e)(1) refusal and the disclaimer requirement.

With respect to the Section 2(d) refusal, the cited '651 Registration appears to have not had its required Section 8 made and should be cancelled by the PTO. Additionally, the owner of such registration (Jason Braun) is Applicant's President.

 



ADDITIONAL STATEMENTS
SECTION 2(f) Claim of Acquired Distinctiveness, based on Five or More Years' Use
The mark has become distinctive of the goods/services through the applicant's substantially exclusive and continuous use in commerce that the U.S. Congress may lawfully regulate for at least the five years immediately before the date of this statement.


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: /Daniel S. Polley/     Date: 08/27/2014
Signatory's Name: Daniel S. Polley
Signatory's Position: Attorney of record, Florida bar member

Signatory's Phone Number: 561-347-5955

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: 86143223
Internet Transmission Date: Wed Aug 27 22:14:52 EDT 2014
TEAS Stamp: USPTO/ROA-XXX.X.XXX.XXX-2014082722145216
9762-86143223-500ff23f06e7e3621e658d5f99
1f5c70d96d2c67a21da314a757bbad65cf1f70fd
-N/A-N/A-20140827220850904661



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