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 |
86386574 |
LAW OFFICE ASSIGNED |
LAW OFFICE 107 |
MARK SECTION |
MARK |
http://uspto.report/TM/86386574/mark.png |
LITERAL ELEMENT |
VETBIOTEK |
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) |
Please see the actual argument text attached within the Evidence section. |
EVIDENCE SECTION |
EVIDENCE FILE NAME(S) |
ORIGINAL PDF FILE |
evi_7291242128-20150223215839050042_._VBT.14001_Textual_Response_to_OA.pdf |
CONVERTED PDF FILE(S)
(7 pages) |
\\TICRS\EXPORT16\IMAGEOUT16\863\865\86386574\xml4\ROA0002.JPG |
|
\\TICRS\EXPORT16\IMAGEOUT16\863\865\86386574\xml4\ROA0003.JPG |
|
\\TICRS\EXPORT16\IMAGEOUT16\863\865\86386574\xml4\ROA0004.JPG |
|
\\TICRS\EXPORT16\IMAGEOUT16\863\865\86386574\xml4\ROA0005.JPG |
|
\\TICRS\EXPORT16\IMAGEOUT16\863\865\86386574\xml4\ROA0006.JPG |
|
\\TICRS\EXPORT16\IMAGEOUT16\863\865\86386574\xml4\ROA0007.JPG |
|
\\TICRS\EXPORT16\IMAGEOUT16\863\865\86386574\xml4\ROA0008.JPG |
DESCRIPTION OF EVIDENCE FILE |
Applicant's response to the USPTO's descriptive refusal |
GOODS AND/OR SERVICES SECTION (current) |
INTERNATIONAL CLASS |
003 |
DESCRIPTION |
Non-medicated topical dermatological preparations, namely, shampoos, sprays, wipes, mousse and liquid flushes for animals;
non-medicated shampoo for animals; pet dry shampoos; non-medicated conditioners for animals; deodorants for animals; non-medicated grooming preparations for animals namely wipes; dental care products
for animals, namely, mouth rinses, toothpastes, chewable sticks, rawhides, food additives and non-medicated mouth water additives |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (proposed) |
INTERNATIONAL CLASS |
003 |
TRACKED TEXT DESCRIPTION |
Non-medicated topical dermatological preparations, namely, shampoos, sprays, wipes, mousse and liquid
flushes for animals; Non-medicated topical dermatological preparations, namely, shampoos, body sprays, wipes impregnated with skin cleanser, shampoos in the form
of a mouse; non-medicated shampoo for animals; pet dry shampoos; non-medicated conditioners for animals;
deodorants for animals; non-medicated grooming preparations for animals namely wipes; non-medicated
grooming preparations for animals namely, wipes impregnated with skin cleanser; dental care products for animals, namely, mouth rinses, toothpastes, chewable
sticks, rawhides, food additives and non-medicated mouth water additives; home non-medicated dental care products for animals, namely, mouth rinses,
toothpastes, chewable sticks in the nature of rawhides; non-medicated liquid flushes for animals; food additives and
non-medicated mouth water additives. |
FINAL DESCRIPTION |
Non-medicated topical dermatological preparations, namely, shampoos, body sprays, wipes impregnated with skin cleanser, shampoos in the
form of a mouse; non-medicated shampoo for animals; pet dry shampoos; non-medicated conditioners for animals; deodorants for animals; non-medicated grooming preparations for animals namely, wipes
impregnated with skin cleanser; home non-medicated dental care products for animals, namely, mouth rinses, toothpastes, chewable sticks in the nature of rawhides; non-medicated liquid flushes for
animals; food additives and non-medicated mouth water additives. |
FILING BASIS |
Section 1(b) |
SIGNATURE SECTION |
RESPONSE SIGNATURE |
/d/ |
SIGNATORY'S NAME |
Daniel R. Frijouf |
SIGNATORY'S POSITION |
attorney |
DATE SIGNED |
02/23/2015 |
AUTHORIZED SIGNATORY |
YES |
FILING INFORMATION SECTION |
SUBMIT DATE |
Mon Feb 23 22:03:14 EST 2015 |
TEAS STAMP |
USPTO/ROA-XX.XX.XXX.XXX-2
0150223220314153866-86386
574-530b67f2eaa2b2797cc44
b750669db052106c90ff6291a
0d9f93fbaa78e91b5-N/A-N/A
-20150223215839050042 |
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.
86386574 VETBIOTEK(Standard Characters, see http://uspto.report/TM/86386574/mark.png) has been amended as follows:
ARGUMENT(S)
In response to the substantive refusal(s), please note the following:
Please see the actual argument text attached within the Evidence section.
EVIDENCE
Evidence in the nature of Applicant's response to the USPTO's descriptive refusal has been attached.
Original PDF file:
evi_7291242128-20150223215839050042_._VBT.14001_Textual_Response_to_OA.pdf
Converted PDF file(s) ( 7 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Evidence-6
Evidence-7
CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 003 for Non-medicated topical dermatological preparations, namely, shampoos, sprays, wipes, mousse and liquid flushes for animals; non-medicated shampoo for animals; pet dry
shampoos; non-medicated conditioners for animals; deodorants for animals; non-medicated grooming preparations for animals namely wipes; dental care products for animals, namely, mouth rinses,
toothpastes, chewable sticks, rawhides, food additives and non-medicated mouth water additives
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: Non-medicated topical dermatological preparations, namely, shampoos, sprays, wipes, mousse and liquid flushes for animals;
Non-medicated topical dermatological preparations, namely, shampoos, body sprays, wipes impregnated with skin cleanser, shampoos in the form of a mouse;
non-medicated shampoo for animals;
pet dry shampoos;
non-medicated conditioners for animals;
deodorants for animals;
non-medicated grooming preparations for animals namely wipes;
non-medicated grooming
preparations for animals namely, wipes impregnated with skin cleanser;
dental care products for animals, namely, mouth rinses, toothpastes, chewable sticks,
rawhides, food additives and non-medicated mouth water additives;
home non-medicated dental care products for animals, namely, mouth rinses, toothpastes,
chewable sticks in the nature of rawhides;
non-medicated liquid flushes for animals;
food additives and non-medicated
mouth water additives.Class 003 for Non-medicated topical dermatological preparations, namely, shampoos, body sprays, wipes impregnated with skin cleanser, shampoos in the form of a mouse;
non-medicated shampoo for animals; pet dry shampoos; non-medicated conditioners for animals; deodorants for animals; non-medicated grooming preparations for animals namely, wipes impregnated with
skin cleanser; home non-medicated dental care products for animals, namely, mouth rinses, toothpastes, chewable sticks in the nature of rawhides; non-medicated liquid flushes for animals; food
additives and non-medicated mouth water additives.
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: /d/ Date: 02/23/2015
Signatory's Name: Daniel R. Frijouf
Signatory's Position: attorney
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: 86386574
Internet Transmission Date: Mon Feb 23 22:03:14 EST 2015
TEAS Stamp: USPTO/ROA-XX.XX.XXX.XXX-2015022322031415
3866-86386574-530b67f2eaa2b2797cc44b7506
69db052106c90ff6291a0d9f93fbaa78e91b5-N/
A-N/A-20150223215839050042