| 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 |
86485068 |
| LAW OFFICE ASSIGNED |
LAW OFFICE 114 |
| MARK SECTION |
| MARK |
http://tmng-al.gov.uspto.report/resting2/api/img/86485068/large |
| LITERAL ELEMENT |
THOMAS |
| 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) |
|
REMARKS:
The Examiner has required a disclaimer of the word LABS however the mark for this application is THOMAS and not THOMAS LABS and thus the disclaimer requirement is not applicable to the mark
THOMAS.
Also as required by the Examiner the identification of services in Class 35 has been reworded to read "On-line retail store services and mail order catalog services both featuring pet
supplies."
Two substitute specimens are being provided as required by the Examiner showing the mark THOMAS on the product Pet-A-Zyme Total Health and Pet-A-Zyme Allergy. Each of these specimens were in
use prior to the filing date of the application.
It is believed that Applicant has complied with all of the Examiner's requirements and thus this application is now in condition for being approved for publication and the same is respectfully
requested.
|
| GOODS AND/OR SERVICES SECTION (005)(current) |
| INTERNATIONAL CLASS |
005 |
| DESCRIPTION |
Dietary supplements for pets, birds, and fish |
| FILING BASIS |
Section 1(a) |
| FIRST USE ANYWHERE DATE |
At least as early as 00/00/1978 |
| FIRST USE IN COMMERCE DATE |
At least as early as 00/00/1978 |
| GOODS AND/OR SERVICES SECTION (005)(proposed) |
| INTERNATIONAL CLASS |
005 |
| DESCRIPTION |
Dietary supplements for pets, birds, and fish |
| FILING BASIS |
Section 1(a) |
| FIRST USE ANYWHERE DATE |
At least as early as 00/00/1978 |
| FIRST USE IN COMMERCE DATE |
At least as early as 00/00/1978 |
| STATEMENT TYPE |
"The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing
date of the application"[for an application based on Section 1(a), Use in Commerce] OR "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in
commerce prior either to the filing of the Amendment to Allege Use or expiration of the filing deadline for filing a Statement of Use" [for an application based on Section 1(b)
Intent-to-Use]. OR "The attached specimen is a true copy of the specimen that was originally submitted with the application, amendment to allege use, or statement of use" [for an
illegible specimen]. |
| SPECIMEN FILE NAME(S) |
| ORIGINAL PDF FILE |
SPU0-672171744-20150916143148599485_._Thomas_Labs_Mark_THOMAS_and_THOMAS_LABS__New_Specimens.pdf |
CONVERTED PDF FILE(S)
(4 pages) |
\\TICRS\EXPORT16\IMAGEOUT16\864\850\86485068\xml4\ROA0002.JPG |
| |
\\TICRS\EXPORT16\IMAGEOUT16\864\850\86485068\xml4\ROA0003.JPG |
| |
\\TICRS\EXPORT16\IMAGEOUT16\864\850\86485068\xml4\ROA0004.JPG |
| |
\\TICRS\EXPORT16\IMAGEOUT16\864\850\86485068\xml4\ROA0005.JPG |
| SPECIMEN DESCRIPTION |
webpage showing the mark THOMAS on the products Pet-A-Zyme Total Health and Pet-A-Zyme Allergy. |
| GOODS AND/OR SERVICES SECTION (035)(current) |
| INTERNATIONAL CLASS |
035 |
| DESCRIPTION |
| On-line store services and mail order catalog services both featuring pet supplies |
| FILING BASIS |
Section 1(a) |
| FIRST USE ANYWHERE DATE |
At least as early as 00/00/1978 |
| FIRST USE IN COMMERCE DATE |
At least as early as 00/00/1978 |
| GOODS AND/OR SERVICES SECTION (035)(proposed) |
| INTERNATIONAL CLASS |
035 |
| TRACKED TEXT DESCRIPTION |
On-line store services and mail order catalog services both featuring pet supplies; On-line retail store services and mail order catalog services both featuring pet supplies |
| FINAL DESCRIPTION |
| On-line retail store services and mail order catalog services both featuring pet supplies |
| FILING BASIS |
Section 1(a) |
| FIRST USE ANYWHERE DATE |
At least as early as 00/00/1978 |
| FIRST USE IN COMMERCE DATE |
At least as early as 00/00/1978 |
| SIGNATURE SECTION |
| ORIGINAL PDF FILE |
HS_672171744-134724293_._Thomas_Labs__Declaration_Signature_Page.pdf |
CONVERTED PDF FILE(S)
(1 page) |
\\TICRS\EXPORT16\IMAGEOUT16\864\850\86485068\xml4\ROA0006.JPG |
| SIGNATORY'S NAME |
Bob L. Brady |
| SIGNATORY'S POSITION |
GM |
| RESPONSE SIGNATURE |
/Bruce W. McKee/ |
| SIGNATORY'S NAME |
Bruce W. McKee |
| SIGNATORY'S POSITION |
Attorney of Record |
| DATE SIGNED |
09/17/2015 |
| AUTHORIZED SIGNATORY |
YES |
| FILING INFORMATION SECTION |
| SUBMIT DATE |
Thu Sep 17 13:55:17 EDT 2015 |
| TEAS STAMP |
USPTO/ROA-XX.XXX.XXX.X-20
150917135517014264-864850
68-540ce8b2b2873cc2bc926a
8262bb487fb078e06b20e0b38
b885f86c86e694e2a-N/A-N/A
-20150917134724293496 |
| 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.
86485068 THOMAS(Standard Characters, see http://tmng-al.gov.uspto.report/resting2/api/img/86485068/large) has been amended as follows:
ARGUMENT(S)
In response to the substantive refusal(s), please note the following:
REMARKS:
The Examiner has required a disclaimer of the word LABS however the mark for this application is THOMAS and not THOMAS LABS and thus the disclaimer requirement is not applicable to the mark
THOMAS.
Also as required by the Examiner the identification of services in Class 35 has been reworded to read "On-line retail store services and mail order catalog services both featuring pet
supplies."
Two substitute specimens are being provided as required by the Examiner showing the mark THOMAS on the product Pet-A-Zyme Total Health and Pet-A-Zyme Allergy. Each of these specimens were in
use prior to the filing date of the application.
It is believed that Applicant has complied with all of the Examiner's requirements and thus this application is now in condition for being approved for publication and the same is respectfully
requested.
CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 005 for Dietary supplements for pets, birds, and fish
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 00/00/1978 and first used in commerce at least as early as 00/00/1978 , and
is now in use in such commerce.
Proposed: Class 005 for Dietary supplements for pets, birds, and fish
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 00/00/1978 and first used in commerce at least as early as 00/00/1978 , and
is now in use in such commerce.
Applicant hereby submits one(or more) specimen(s) for Class 005 . The specimen(s) submitted consists of webpage showing the mark THOMAS on the products Pet-A-Zyme Total Health and Pet-A-Zyme Allergy.
.
"
The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing date of the application"[for an application based
on Section 1(a), Use in Commerce] OR "
The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce prior either to the filing of the Amendment to
Allege Use or expiration of the filing deadline for filing a Statement of Use"
[for an application based on Section 1(b) Intent-to-Use].
OR "The attached specimen is a true copy
of the specimen that was originally submitted with the application, amendment to allege use, or statement of use" [for an illegible specimen].
Original PDF file:
SPU0-672171744-20150916143148599485_._Thomas_Labs_Mark_THOMAS_and_THOMAS_LABS__New_Specimens.pdf
Converted PDF file(s) ( 4 pages)
Specimen File1
Specimen File2
Specimen File3
Specimen File4
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 035 for On-line store services and mail order catalog services both featuring pet supplies
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 00/00/1978 and first used in commerce at least as early as 00/00/1978 , and
is now in use in such commerce.
Proposed:
Tracked Text Description: On-line store services and mail order catalog services both featuring pet supplies;
On-line retail
store services and mail order catalog services both featuring pet suppliesClass 035 for On-line retail store services and mail order catalog services both featuring pet supplies
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 00/00/1978 and first used in commerce at least as early as 00/00/1978 , and
is now in use in such commerce.
SIGNATURE(S)
Declaration Signature
Original PDF file:
HS_672171744-134724293_._Thomas_Labs__Declaration_Signature_Page.pdf
Converted PDF file(s) (1 page)
Signature File1
Signatory's Name: Bob L. Brady
Signatory's Position: GM
Response Signature
Signature: /Bruce W. McKee/ Date: 09/17/2015
Signatory's Name: Bruce W. McKee
Signatory's Position: Attorney of Record
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 owner's/holder'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 owner/holder in this matter: (1) the owner/holder 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 owner/holder has filed a power of
attorney appointing him/her in this matter; or (4) the owner's/holder'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: 86485068
Internet Transmission Date: Thu Sep 17 13:55:17 EDT 2015
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.X-20150917135517014
264-86485068-540ce8b2b2873cc2bc926a8262b
b487fb078e06b20e0b38b885f86c86e694e2a-N/
A-N/A-20150917134724293496
