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 |
87061856 |
LAW OFFICE ASSIGNED |
LAW OFFICE 115 |
MARK SECTION |
MARK |
http://tmng-al.gov.uspto.report/resting2/api/img/87061856/large |
LITERAL ELEMENT |
VETALITY |
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 (001)(current) |
INTERNATIONAL CLASS |
001 |
DESCRIPTION |
non-medical behavior modification sprays, namely, on-animal and household behavior modification sprays for dogs and cats |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (001)(proposed) |
INTERNATIONAL CLASS |
001 |
TRACKED TEXT DESCRIPTION |
non-medical behavior modification sprays, namely, on-animal and household behavior modification sprays
for dogs and cats; non-medical household behavior modification sprays for dogs and cats, namely, chemical sprays used to aid in housebreaking dogs and
cats |
FINAL DESCRIPTION |
non-medical household behavior modification sprays for dogs and cats, namely, chemical sprays used to aid in housebreaking dogs and
cats |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (003)(current) |
INTERNATIONAL CLASS |
003 |
DESCRIPTION |
flea and tick control for dogs and cats, namely, flea and tick household spray |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (003)(proposed) |
INTERNATIONAL CLASS |
003 |
TRACKED TEXT DESCRIPTION |
flea and tick control for dogs and cats, namely, flea and tick household spray; flea and tick control for dogs and cats, namely, flea and tick household repellent sprays |
FINAL DESCRIPTION |
flea and tick control for dogs and cats, namely, flea and tick household repellent sprays |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (005)(current) |
INTERNATIONAL CLASS |
005 |
DESCRIPTION |
flea and tick control for dogs and cats, namely, topical and spot-on treatment for fleas and ticks, flea and tick pet shampoo, and flea
and tick collars; vitamin and mineral pet supplements; and anti-itch, sore skin, and wound care ointments |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (005)(proposed) |
INTERNATIONAL CLASS |
005 |
TRACKED TEXT DESCRIPTION |
flea and tick control for dogs and cats, namely, topical and spot-on treatment for fleas and ticks, flea
and tick pet shampoo, and flea and tick collars; flea and tick control for dogs and cats, namely, topical and spot-on powders for treatment of fleas and ticks,
flea and tick shampoo for pets, and flea and tick collars; vitamin and mineral pet supplements; and anti-itch, sore skin, and wound
care ointments; and anti-itch, sore skin, and wound care antibiotic ointments |
FINAL DESCRIPTION |
flea and tick control for dogs and cats, namely, topical and spot-on powders for treatment of fleas and ticks, flea and tick shampoo
for pets, and flea and tick collars; vitamin and mineral pet supplements; and anti-itch, sore skin, and wound care antibiotic ointments |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (018)(no change) |
ADDITIONAL STATEMENTS SECTION |
SIGNIFICANCE OF MARK |
Vetality appearing in the mark has no significance nor is it a term of art in the relevant trade or industry or as used in connection with
the goods/services/collective membership organization listed in the application, or any geographical significance. |
SIGNATURE SECTION |
RESPONSE SIGNATURE |
/Grayson J. Derrick/ |
SIGNATORY'S NAME |
Grayson J. Derrick |
SIGNATORY'S POSITION |
Attorney of record, NE bar member |
SIGNATORY'S PHONE NUMBER |
402-344-055 |
DATE SIGNED |
12/22/2016 |
AUTHORIZED SIGNATORY |
YES |
FILING INFORMATION SECTION |
SUBMIT DATE |
Thu Dec 22 11:21:25 EST 2016 |
TEAS STAMP |
USPTO/ROA-XXX.XXX.XX.XXX-
20161222112125241422-8706
1856-57087e9379c224f12342
bf2965e8f09cda98339e233c7
530bc55b1e55c685bc-N/A-N/
A-20161222111403406581 |
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.
87061856 VETALITY(Standard Characters, see http://tmng-al.gov.uspto.report/resting2/api/img/87061856/large) 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 001 for non-medical behavior modification sprays, namely, on-animal and household behavior modification sprays for dogs and cats
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-medical behavior modification sprays, namely, on-animal and household behavior modification sprays for dogs and cats;
non-medical household behavior modification sprays for dogs and cats, namely, chemical sprays used to aid in housebreaking dogs and catsClass 001 for non-medical
household behavior modification sprays for dogs and cats, namely, chemical sprays used to aid in housebreaking dogs and cats
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.
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 003 for flea and tick control for dogs and cats, namely, flea and tick household spray
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: flea and tick control for dogs and cats, namely, flea and tick household spray;
flea and tick
control for dogs and cats, namely, flea and tick household repellent spraysClass 003 for flea and tick control for dogs and cats, namely, flea and tick household repellent sprays
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.
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 005 for flea and tick control for dogs and cats, namely, topical and spot-on treatment for fleas and ticks, flea and tick pet shampoo, and flea and tick collars; vitamin and
mineral pet supplements; and anti-itch, sore skin, and wound care ointments
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: flea and tick control for dogs and cats, namely, topical and spot-on treatment for fleas and ticks, flea and tick pet shampoo, and flea
and tick collars;
flea and tick control for dogs and cats, namely, topical and spot-on powders for treatment of fleas and ticks, flea and tick shampoo for pets,
and flea and tick collars;
vitamin and mineral pet supplements;
and anti-itch, sore skin, and wound care ointments;
and anti-itch, sore skin, and wound care antibiotic ointmentsClass 005 for flea and tick control for dogs and cats, namely, topical and spot-on powders for treatment of
fleas and ticks, flea and tick shampoo for pets, and flea and tick collars; vitamin and mineral pet supplements; and anti-itch, sore skin, and wound care antibiotic ointments
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.
ADDITIONAL STATEMENTS
Significance of wording, letter(s), or numeral(s)
Vetality appearing in the mark has no significance nor is it a term of art in the relevant trade or industry or as used in connection with the goods/services/collective membership organization listed
in the application, or any geographical significance.
SIGNATURE(S)
Response Signature
Signature: /Grayson J. Derrick/ Date: 12/22/2016
Signatory's Name: Grayson J. Derrick
Signatory's Position: Attorney of record, NE bar member
Signatory's Phone Number: 402-344-055
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: 87061856
Internet Transmission Date: Thu Dec 22 11:21:25 EST 2016
TEAS Stamp: USPTO/ROA-XXX.XXX.XX.XXX-201612221121252
41422-87061856-57087e9379c224f12342bf296
5e8f09cda98339e233c7530bc55b1e55c685bc-N
/A-N/A-20161222111403406581