TEAS Response to Suspension Inquiry

ANIMAL PHARMACEUTICALS

ANIMAL PHARM CARE USA, INC.

Response to Suspension Inquiry or Letter of Suspension

PTO Form 1822 (Rev 11/2007)
OMB No. 0651-0050 (Exp. 07/31/2017)

Response to Suspension Inquiry or Letter of Suspension


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.
REGISTRATION MAINTENANCE DOCUMENT(S) FILED
Registration had been refused under Section 2(d) of the Trademark Act, 15 U.S.C. Section 1052(d), based on the cited registration(s). However, registration maintenance documents were due to be filed for the cited registration(s). It is now believed that these registration maintenance documents were not timely filed, and that the cited registration(s) will be canceled under Section 8 or expire under Section 9 and will no longer present a bar to registration under Section 2(d). Therefore, the applicant hereby requests removal of this application from suspension for further action by the examining attorney.
GOODS AND/OR SERVICES SECTION (current)
INTERNATIONAL CLASS 005
DESCRIPTION
Pet food; pet food in the form of soft chews, mini bites and crunchy bites; vitamin and dietary supplements for cats and dogs; vitamin and dietary supplements for cats and dogs in the form of soft chews, mini bites and crunchy bites; vitamin and dietary supplements for animals; animal treats; pet treats; dental treats for animals; dental treats; vitamin and dietary supplements for animals; pet shampoos, shampoos; deodorizers; pet deodorizers; deodorizing sprays; pet deodorizing sprays; pet ear cleansers; ear cleansers; liquid ear cleansers; liquid pet ear cleansers; ear cleansing products; ear cleansing products in liquid form; pet ear cleansing products; flea and tick shampoos; shampoos for skin infections, skin conditions and skin irritations; shampoos for animal skin infections, animal skin conditions and animal skin irritations; pet conditioners, conditioners; conditioners for skin infections, skin conditions and skin irritations; conditioners for animal skin infections, animal skin conditions and animal skin irritations; sprays for treating skin infections, skin conditions and skin irritations; sprays for treating animal skin infections, animal skin conditions and animal skin irritations; pet wipes; wipes; wipes for treating skin infections, skin conditions and skin irritations; wipes for treating animal skin infections, animal skin conditions and animal skin irritations; pet flushes; flushes; flushes for treating skin infections and skin conditions; flushes for treating animal skin infections and animal skin conditions; medicated flush for animals; buffering formulation for animals; animal alkaline buffering formulation that cleanses, dries and acts as a preparation for antibiotic therapy; anti-microbial, anti-bacterial and anti-fungal cleansing and drying solution for animals; alkalinity buffer formulation for animals; pet medications, pet otics, pet ear cleaners
FILING BASIS Section 1(a)
        FIRST USE ANYWHERE DATE At least as early as 12/31/2003
        FIRST USE IN COMMERCE DATE At least as early as 12/31/2003
GOODS AND/OR SERVICES SECTION (proposed)
INTERNATIONAL CLASS 005
TRACKED TEXT DESCRIPTION
Pet food; pet food in the form of soft chews, mini bites and crunchy bites; vitamin and dietary supplements for cats and dogs; vitamin and dietary supplements for cats and dogs in the form of soft chews, mini bites and crunchy bites; vitamin and dietary supplements for animals; animal treats; pet treats; dental treats for animals; dental treats; vitamin and dietary supplements for animals; pet shampoos; pet shampoos, shampoos; pet deodorizers; deodorizers; pet deodorizing sprays; pet ear cleansers; deodorizing sprays; liquid pet ear cleansers; pet ear cleansing products; flea and tick shampoos; ear cleansers; shampoos for animal skin infections, animal skin conditions and animal skin irritations; liquid ear cleansers; pet conditioners; conditioners for animal skin infections, animal skin conditions and animal skin irritations; ear cleansing products; sprays for treating animal skin infections, animal skin conditions and animal skin irritations; ear cleansing products in liquid form; pet wipes; wipes for treating animal skin infections, animal skin conditions and animal skin irritations; pet flushes; shampoos for skin infections, skin conditions and skin irritations; flushes for treating animal skin infections and animal skin conditions; medicated flush for animals; pet conditioners, conditioners; buffering formulation for animals; conditioners for skin infections, skin conditions and skin irritations; animal alkaline buffering formulation that cleanses, dries and acts as a preparation for antibiotic therapy. anti-microbial, anti-bacterial and anti-fungal cleansing and drying solution for animals; alkalinity buffer formulation for animals; sprays for treating skin infections, skin conditions and skin irritations; pet medications, pet otics, pet ear cleaners; wipes; wipes for treating skin infections, skin conditions and skin irritations; flushes; flushes for treating skin infections and skin conditions; animal alkaline buffering formulation that cleanses, dries and acts as a preparation for antibiotic therapy; anti-microbial, anti-bacterial and anti-fungal cleansing and drying solution for animals
FINAL DESCRIPTION
Pet food; pet food in the form of soft chews, mini bites and crunchy bites; vitamin and dietary supplements for cats and dogs; vitamin and dietary supplements for cats and dogs in the form of soft chews, mini bites and crunchy bites; vitamin and dietary supplements for animals; animal treats; pet treats; dental treats for animals; vitamin and dietary supplements for animals; pet shampoos; pet deodorizers; pet deodorizing sprays; pet ear cleansers; liquid pet ear cleansers; pet ear cleansing products; flea and tick shampoos; shampoos for animal skin infections, animal skin conditions and animal skin irritations; pet conditioners; conditioners for animal skin infections, animal skin conditions and animal skin irritations; sprays for treating animal skin infections, animal skin conditions and animal skin irritations; pet wipes; wipes for treating animal skin infections, animal skin conditions and animal skin irritations; pet flushes; flushes for treating animal skin infections and animal skin conditions; medicated flush for animals; buffering formulation for animals; animal alkaline buffering formulation that cleanses, dries and acts as a preparation for antibiotic therapy. anti-microbial, anti-bacterial and anti-fungal cleansing and drying solution for animals; alkalinity buffer formulation for animals; pet medications, pet otics, pet ear cleaners
FILING BASIS Section 1(a)
       FIRST USE ANYWHERE DATE At least as early as 12/31/2003
       FIRST USE IN COMMERCE DATE At least as early as 12/31/2003
ADDITIONAL STATEMENTS SECTION
SUPPLEMENTAL REGISTER The applicant seeks registration of the mark on the Supplemental Register (i.e., a change of the words 'Principal Register' to 'Supplemental Register').
SIGNATURE SECTION
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 12/08/2014
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Mon Dec 08 10:45:21 EST 2014
TEAS STAMP USPTO/RSI-XXX.X.XXX.XXX-2
0141208104521155995-86143
223-50012cf4820467eef6cbf
f12e7dd6fc64c6c4765d45fdc
fb8850a3514af820dcab-N/A-
N/A-20141208101602770707



PTO Form 1822 (Rev 11/2007)
OMB No. 0651-0050 (Exp. 07/31/2017)

Response to Suspension Inquiry or Letter of Suspension


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:
REGISTRATION MAINTENANCE DOCUMENT(S) FILED
Registration had been refused under Section 2(d) of the Trademark Act, 15 U.S.C. Section 1052(d), based on the cited registration(s). However, registration maintenance documents were due to be filed for the cited registration(s). It is now believed that these registration maintenance documents were not timely filed, and that the cited registration(s) will be canceled under Section 8 or expire under Section 9 and will no longer present a bar to registration under Section 2(d). Therefore, the applicant hereby requests removal of this application from suspension for further action by the examining attorney.

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 005 for Pet food; pet food in the form of soft chews, mini bites and crunchy bites; vitamin and dietary supplements for cats and dogs; vitamin and dietary supplements for cats and dogs in the form of soft chews, mini bites and crunchy bites; vitamin and dietary supplements for animals; animal treats; pet treats; dental treats for animals; dental treats; vitamin and dietary supplements for animals; pet shampoos, shampoos; deodorizers; pet deodorizers; deodorizing sprays; pet deodorizing sprays; pet ear cleansers; ear cleansers; liquid ear cleansers; liquid pet ear cleansers; ear cleansing products; ear cleansing products in liquid form; pet ear cleansing products; flea and tick shampoos; shampoos for skin infections, skin conditions and skin irritations; shampoos for animal skin infections, animal skin conditions and animal skin irritations; pet conditioners, conditioners; conditioners for skin infections, skin conditions and skin irritations; conditioners for animal skin infections, animal skin conditions and animal skin irritations; sprays for treating skin infections, skin conditions and skin irritations; sprays for treating animal skin infections, animal skin conditions and animal skin irritations; pet wipes; wipes; wipes for treating skin infections, skin conditions and skin irritations; wipes for treating animal skin infections, animal skin conditions and animal skin irritations; pet flushes; flushes; flushes for treating skin infections and skin conditions; flushes for treating animal skin infections and animal skin conditions; medicated flush for animals; buffering formulation for animals; animal alkaline buffering formulation that cleanses, dries and acts as a preparation for antibiotic therapy; anti-microbial, anti-bacterial and anti-fungal cleansing and drying solution for animals; alkalinity buffer formulation for animals; pet medications, pet otics, pet ear cleaners
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 12/31/2003 and first used in commerce at least as early as 12/31/2003, and is now in use in such commerce.

Proposed:
Tracked Text Description: Pet food; pet food in the form of soft chews, mini bites and crunchy bites; vitamin and dietary supplements for cats and dogs; vitamin and dietary supplements for cats and dogs in the form of soft chews, mini bites and crunchy bites; vitamin and dietary supplements for animals; animal treats; pet treats; dental treats for animals; dental treats; vitamin and dietary supplements for animals; pet shampoos; pet shampoos, shampoos; pet deodorizers; deodorizers; pet deodorizing sprays; pet ear cleansers; deodorizing sprays; liquid pet ear cleansers; pet ear cleansing products; flea and tick shampoos; ear cleansers; shampoos for animal skin infections, animal skin conditions and animal skin irritations; liquid ear cleansers; pet conditioners; conditioners for animal skin infections, animal skin conditions and animal skin irritations; ear cleansing products; sprays for treating animal skin infections, animal skin conditions and animal skin irritations; ear cleansing products in liquid form; pet wipes; wipes for treating animal skin infections, animal skin conditions and animal skin irritations; pet flushes; shampoos for skin infections, skin conditions and skin irritations; flushes for treating animal skin infections and animal skin conditions; medicated flush for animals; pet conditioners, conditioners; buffering formulation for animals; conditioners for skin infections, skin conditions and skin irritations; animal alkaline buffering formulation that cleanses, dries and acts as a preparation for antibiotic therapy. anti-microbial, anti-bacterial and anti-fungal cleansing and drying solution for animals; alkalinity buffer formulation for animals; sprays for treating skin infections, skin conditions and skin irritations; pet medications, pet otics, pet ear cleaners; wipes; wipes for treating skin infections, skin conditions and skin irritations; flushes; flushes for treating skin infections and skin conditions; animal alkaline buffering formulation that cleanses, dries and acts as a preparation for antibiotic therapy; anti-microbial, anti-bacterial and anti-fungal cleansing and drying solution for animalsClass 005 for Pet food; pet food in the form of soft chews, mini bites and crunchy bites; vitamin and dietary supplements for cats and dogs; vitamin and dietary supplements for cats and dogs in the form of soft chews, mini bites and crunchy bites; vitamin and dietary supplements for animals; animal treats; pet treats; dental treats for animals; vitamin and dietary supplements for animals; pet shampoos; pet deodorizers; pet deodorizing sprays; pet ear cleansers; liquid pet ear cleansers; pet ear cleansing products; flea and tick shampoos; shampoos for animal skin infections, animal skin conditions and animal skin irritations; pet conditioners; conditioners for animal skin infections, animal skin conditions and animal skin irritations; sprays for treating animal skin infections, animal skin conditions and animal skin irritations; pet wipes; wipes for treating animal skin infections, animal skin conditions and animal skin irritations; pet flushes; flushes for treating animal skin infections and animal skin conditions; medicated flush for animals; buffering formulation for animals; animal alkaline buffering formulation that cleanses, dries and acts as a preparation for antibiotic therapy. anti-microbial, anti-bacterial and anti-fungal cleansing and drying solution for animals; alkalinity buffer formulation for animals; pet medications, pet otics, pet ear cleaners
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 12/31/2003 and first used in commerce at least as early as 12/31/2003, and is now in use in such commerce.

ADDITIONAL STATEMENTS
Supplemental Register
The applicant seeks registration of the mark on the Supplemental Register (i.e., a change of the words 'Principal Register' to 'Supplemental Register').

Response Suspension Inquiry Signature
Signature: /Daniel S. Polley/     Date: 12/08/2014
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: Mon Dec 08 10:45:21 EST 2014
TEAS Stamp: USPTO/RSI-XXX.X.XXX.XXX-2014120810452115
5995-86143223-50012cf4820467eef6cbff12e7
dd6fc64c6c4765d45fdcfb8850a3514af820dcab
-N/A-N/A-20141208101602770707



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