Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number.
PTO Form 1957 (Rev 10/2011) |
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 |
87112225 |
LAW OFFICE ASSIGNED |
LAW OFFICE 111 |
MARK SECTION |
MARK |
http://uspto.report/TM/87112225/mark.png |
LITERAL ELEMENT |
ROLLING FARMACY |
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. |
GOODS AND/OR SERVICES SECTION (003)(no change) |
GOODS AND/OR SERVICES SECTION (005)(current) |
INTERNATIONAL CLASS |
005 |
DESCRIPTION |
kits comprising essential oil based blends for relieving cold and flu symptoms, headaches and stomach upsets and for aiding in
digestion |
FILING BASIS |
Section 1(a) |
FIRST USE ANYWHERE DATE |
At least as early as 01/00/2016 |
FIRST USE IN COMMERCE DATE |
At least as early as 01/00/2016 |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
1792365 |
FOREIGN APPLICATION COUNTRY |
Canada |
FOREIGN FILING DATE |
07/20/2016 |
GOODS AND/OR SERVICES SECTION (005)(proposed) |
INTERNATIONAL CLASS |
005 |
TRACKED TEXT DESCRIPTION |
kits comprising essential oil based blends for relieving cold and flu symptoms, headaches and stomach
upsets and for aiding in digestion; kits comprising aromatherapy oil based blends for relieving cold and flu symptoms, headaches and stomach upsets and for aiding
in digestion |
FINAL DESCRIPTION |
kits comprising aromatherapy oil based blends for relieving cold and flu symptoms, headaches and stomach upsets and for aiding in
digestion |
FILING BASIS |
Section 1(a) |
FIRST USE ANYWHERE DATE |
At least as early as 01/00/2016 |
FIRST USE IN COMMERCE DATE |
At least as early as 01/00/2016 |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
1792365 |
FOREIGN APPLICATION COUNTRY |
Canada |
FOREIGN FILING DATE |
07/20/2016 |
INTENT TO
PERFECT 44(d)
|
At this time, the applicant does NOT intend to rely on Section 44(e) as a basis for registration, but wishes only to assert a valid claim of
priority. The application should not be suspended to await the submission of the foreign registration. |
PAYMENT SECTION |
NUMBER OF CLASSES |
1 |
APPLICATION FOR REGISTRATION PER CLASS |
275 |
TOTAL FEES DUE |
275 |
SIGNATURE SECTION |
RESPONSE SIGNATURE |
/treitzel/ |
SIGNATORY'S NAME |
Tanya M. Reitzel |
SIGNATORY'S POSITION |
Agent of record |
SIGNATORY'S PHONE NUMBER |
604-687-7432 |
DATE SIGNED |
11/29/2016 |
AUTHORIZED SIGNATORY |
YES |
FILING INFORMATION SECTION |
SUBMIT DATE |
Tue Nov 29 18:55:08 EST 2016 |
TEAS STAMP |
USPTO/ROA-XX.XXX.XX.X-201
61129185508353822-8711222
5-5701858be5954e89cfe33a9
da7d0bd4b964f5ce59ef21a91
e2e0e61026bd2972f-CC-6206
-20161129184409714849 |
Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number.
PTO Form 1957 (Rev 10/2011) |
OMB No. 0651-0050 (Exp 07/31/2017) |
Response to Office Action
To the Commissioner for Trademarks:
Application serial no.
87112225 ROLLING FARMACY(Standard Characters, see http://uspto.report/TM/87112225/mark.png) has been amended as follows:
CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 005 for kits comprising essential oil based blends for relieving cold and flu symptoms, headaches and stomach upsets and for aiding in digestion
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 01/00/2016 and first used in commerce at least as early as 01/00/2016 , and
is now in use in such commerce.
Filing Basis: Section 44(d), Priority based on foreign filing: 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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority
based upon a foreign application.
For a certification 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, 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 or services that meet the certification standards of the applicant, and the
applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on[ Canada application number 1792365 filed 07/20/2016]. 15 U.S.C.Section 1126(d), as amended.
Proposed:
Tracked Text Description: kits comprising essential oil based blends for relieving cold and flu symptoms, headaches and stomach upsets and for aiding in
digestion;
kits comprising aromatherapy oil based blends for relieving cold and flu symptoms, headaches and stomach upsets and for aiding in digestionClass
005 for kits comprising aromatherapy oil based blends for relieving cold and flu symptoms, headaches and stomach upsets and for aiding in digestion
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 01/00/2016 and first used in commerce at least as early as 01/00/2016 , and
is now in use in such commerce.
Filing Basis: Section 44(d), Priority based on foreign filing: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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority
based upon a foreign application.
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, 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 or services that meet the certification standards of the
applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on [ Canada application number 1792365 filed 07/20/2016]. 15 U.S.C.Section
1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant does NOT intend to rely on Section 44(e) as a basis for registration, but wishes only to assert a valid claim of priority. The application should
not be suspended to await the submission of the foreign registration.
FEE(S)
Fee(s) in the amount of $275 is being submitted.
SIGNATURE(S)
Response Signature
Signature: /treitzel/ Date: 11/29/2016
Signatory's Name: Tanya M. Reitzel
Signatory's Position: Agent of record
Signatory's Phone Number: 604-687-7432
The signatory has confirmed that he/she is a Canadian attorney/agent, or an associate thereof, who represents an owner/holder located in Canada; that he/she is either registered with the USPTO and in
good standing as a patent agent under 37 C.F.R. §11.6(c) or he/she has been granted reciprocal recognition under 37 C.F.R. §11.14(c) by the USPTO's Office of Enrollment and Discipline; and, that to
the best of his/her knowledge, if prior to his/her appointment another Canadian attorney/agent or a U.S. attorney 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 Canadian attorney/agent or U.S.
attorney has filed a power of attorney appointing him/her as an associate attorney in this matter.
RAM Sale Number: 87112225
RAM Accounting Date: 11/30/2016
Serial Number: 87112225
Internet Transmission Date: Tue Nov 29 18:55:08 EST 2016
TEAS Stamp: USPTO/ROA-XX.XXX.XX.X-201611291855083538
22-87112225-5701858be5954e89cfe33a9da7d0
bd4b964f5ce59ef21a91e2e0e61026bd2972f-CC
-6206-20161129184409714849