throbber
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
`
`LAW OFFICE ASSIGNED
`
`MARK SECTION (current)
`
`MARK FILE NAME
`
`LITERAL ELEMENT
`
`STANDARD CHARACTERS
`
`USPTO-GENERATED IMAGE
`
`COLOR(S) CLAIMED
`(If applicable)
`
`DESCRIPTION OF THE MARK
`(and Color Location, if applicable)
`
`MARK SECTION (proposed)
`
`MARK FILE NAME
`
`LITERAL ELEMENT
`
`STANDARD CHARACTERS
`
`USPTO-GENERATED IMAGE
`
`COLOR MARK
`
`COLOR(S) CLAIMED
`(If applicable)
`
`DESCRIPTION OF THE MARK
`(and Color Location, if applicable)
`
`86468054
`
`LAW OFFICE 115
`
`http://tsdr.uspto.gov/img/86468054/large
`
`VETERINARY STRENGTH LINIMENT DRAW IT OUT ANTI-
`INFLAMMATORY FAST PAIN RELIEF
`
`NO
`
`NO
`
`The color(s) red yellow black grey white is/are claimed as a feature of the mark.
`
`The mark consists of Wording" Veterinary Strength Liniment Draw It Out" above a
`diamond encompassing the state of Texas with three (3) Running Horses across the
`center. The bottom to sides of diamond read "Anti-Inflammatory" & "Fast Pain
`Relief".
`
`\\TICRS\EXPORT16\IMAGEOUT 16\864\680\86468054\xml5\ ROA0002.JPG
`
`DRAW IT OUT ANTI-INFLAMMATORY FAST PAIN RELIEF
`
`NO
`
`NO
`
`YES
`
`The color(s) white, black, red, and yellow is/are claimed as a feature of the mark.
`
`The mark consists of the wording DRAW IT OUT in red with black shadow and a
`white border placed in front of the top corner of a gray diamond with a black border.
`A white diamond appears in each of the left, right and bottom corners of the black
`border. The wording ANTI-INFLAMMATORY appears in white in the bottom left-
`hand border and the wording FAST PAIN RELIEF appears in white in the bottom
`right-hand border. Encompassed within the gray diamond is a yellow map of the
`State of Texas with a black and white border behind three black horses outlined in
`white.
`
`PIXEL COUNT ACCEPTABLE
`
`PIXEL COUNT
`
`GOODS AND/OR SERVICES SECTION (current)
`
`INTERNATIONAL CLASS
`
`DESCRIPTION
`
`YES
`
`800 x 704
`
`005
`
`Herbal topical creams, gels, salves, sprays, powder, balms, liniment and ointments for the relief of aches and pain
`
`FILING BASIS
`
`Section 1(a)
`
`

`

`        FIRST USE ANYWHERE DATE
`
`        FIRST USE IN COMMERCE DATE
`
`At least as early as 10/01/2014
`
`At least as early as 10/01/2014
`
`GOODS AND/OR SERVICES SECTION (proposed)
`
`INTERNATIONAL CLASS
`
`TRACKED TEXT DESCRIPTION
`
`005
`
`Herbal topical creams, gels, salves, sprays, powder, balms, liniment and ointments for the relief of aches and pain; Herbal topical creams, gels,
`salves, sprays, powder, balms, liniment and ointments for the relief of aches and pain for veterinary purposes
`
`FINAL DESCRIPTION
`
`Herbal topical creams, gels, salves, sprays, powder, balms, liniment and ointments for the relief of aches and pain for veterinary purposes
`
`FILING BASIS
`
`       FIRST USE ANYWHERE DATE
`
`       FIRST USE IN COMMERCE DATE
`
`Section 1(a)
`
`At least as early as 10/01/2014
`
`At least as early as 10/01/2014
`
`       STATEMENT TYPE
`
`       SPECIMEN
`       FILE NAME(S)
`
`"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].
`
`\\TICRS\EXPORT16\IMAGEOUT 16\864\680\86468054\xml5\ ROA0003.JPG
`
`       SPECIMEN DESCRIPTION
`
`product label
`
`ADDITIONAL STATEMENTS SECTION
`
`DISCLAIMER
`
`NEW ATTORNEY SECTION
`
`NAME
`
`FIRM NAME
`
`STREET
`
`CITY
`
`STATE
`
`ZIP/POSTAL CODE
`
`COUNTRY
`
`PHONE
`
`FAX
`
`EMAIL
`
`No claim is made to the exclusive right to use ANTI-INFLAMMATORY, FAST
`PAIN RELIEF and the pictorial representation of the State of Texas apart from the
`mark as shown.
`
`Christopher J. Day
`
`Law Office of Christopher Day
`
`9977 North 90th Street, Suite 155
`
`Scottsdale
`
`Arizona
`
`85258
`
`United States
`
`602-258-4440
`
`602-258-4441
`
`chris@daylawfirm.com
`
`AUTHORIZED EMAIL COMMUNICATION
`
`Yes
`
`CORRESPONDENCE SECTION
`
`SELECT EQUINE MERCANTILE
`SELECT EQUINE MERCANTILE
`
`

`

`77
`
`98 SANDLIN LN
`SPRINGTOWN
`Texas (TX)
`US
`76082
`
`Christopher J. Day
`
`Law Office of Christopher Day
`
`9977 North 90th Street, Suite 155
`
`Scottsdale
`
`Arizona
`
`85258
`
`United States
`
`602-258-4440
`
`602-258-4441
`
`chris@daylawfirm.com
`
`ORIGINAL ADDRESS
`
`NEW CORRESPONDENCE SECTION
`
`NAME
`
`FIRM NAME
`
`STREET
`
`CITY
`
`STATE
`
`ZIP/POSTAL CODE
`
`COUNTRY
`
`PHONE
`
`FAX
`
`EMAIL
`
`AUTHORIZED EMAIL COMMUNICATION
`
`Yes
`
`SIGNATURE SECTION
`
`       ORIGINAL PDF FILE
`
`       CONVERTED PDF FILE(S)
`       (1 page)
`
`SIGNATORY'S NAME
`
`SIGNATORY'S POSITION
`
`SIGNATORY'S PHONE NUMBER
`
`RESPONSE SIGNATURE
`
`SIGNATORY'S NAME
`
`SIGNATORY'S POSITION
`
`SIGNATORY'S PHONE NUMBER
`
`DATE SIGNED
`
`AUTHORIZED SIGNATORY
`
`FILING INFORMATION SECTION
`
`SUBMIT DATE
`
`TEAS STAMP
`
`HS_1747960152-122607703_._ENT_DRAW_IT_OUT_ANTI-
`INFLAMMATORY_FAST_PAIN_RELIEF_signature.pdf
`
`\\TICRS\EXPORT16\IMAGEOUT16\864\680\86468054\xml5\ROA0004.JPG
`
`Jon Conklin
`
`Owner
`
`n/a
`
`/Christopher J. Day/
`
`Christopher J. Day
`
`Attorney of record, Arizona bar member
`
`602-258-4440
`
`04/10/2015
`
`YES
`
`Fri Apr 10 13:58:46 EDT 2015
`
`USPTO/ROA-XXX.XX.XX.XXX-2
`0150410135846358131-86468
`054-530f7703db20662cee525
`3492967b42922ff3c6df744a5
`acf848987e543a8c6-N/A-N/A
`-20150410135749312829
`
`

`

`PTO Form 1957 (Rev 9/2005)
`
`OMB No. 0651-0050 (Exp. 07/31/2017)
`
`To the Commissioner for Trademarks:
`
`Response to Office Action
`
`Application serial no. 86468054 VETERINARY STRENGTH LINIMENT DRAW IT OUT ANTI-INFLAMMATORY FAST PAIN RELIEF
`(Stylized and/or with Design, see http://tsdr.uspto.gov/img/86468054/large) has been amended as follows:
`
`MARK
`Applicant proposes to amend the mark as follows:
`Current: VETERINARY STRENGTH LINIMENT DRAW IT OUT ANTI-INFLAMMATORY FAST PAIN RELIEF (Stylized and/or with
`Design, see http://tsdr.uspto.gov/img/86468054/large)
`Proposed: DRAW IT OUT ANTI-INFLAMMATORY FAST PAIN RELIEF (Stylized and/or with Design, see mark)
`The color(s) white, black, red, and yellow is/are claimed as a feature of the mark.
`The mark consists of the wording DRAW IT OUT in red with black shadow and a white border placed in front of the top corner of a gray
`diamond with a black border. A white diamond appears in each of the left, right and bottom corners of the black border. The wording ANTI-
`INFLAMMATORY appears in white in the bottom left-hand border and the wording FAST PAIN RELIEF appears in white in the bottom right-
`hand border. Encompassed within the gray diamond is a yellow map of the State of Texas with a black and white border behind three black
`horses outlined in white.
`
`CLASSIFICATION AND LISTING OF GOODS/SERVICES
`Applicant proposes to amend the following class of goods/services in the application:
`Current: Class 005 for Herbal topical creams, gels, salves, sprays, powder, balms, liniment and ointments for the relief of aches and pain
`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 10/01/2014 and first used in commerce at least as early as 10/01/2014 , and is now in use in such commerce.
`
`Proposed:
`Tracked Text Description: Herbal topical creams, gels, salves, sprays, powder, balms, liniment and ointments for the relief of aches and pain;
`Herbal topical creams, gels, salves, sprays, powder, balms, liniment and ointments for the relief of aches and pain for veterinary purposes
`
`Class 005 for Herbal topical creams, gels, salves, sprays, powder, balms, liniment and ointments for the relief of aches and pain for veterinary
`purposes
`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 10/01/2014 and first used in commerce at least as early as 10/01/2014 , 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 product label .
`"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 File1
`
`ATTORNEY ADDRESS
`Applicant proposes to amend the following:
`Proposed:
`Christopher J. Day of Law Office of Christopher Day, having an address of
`9977 North 90th Street, Suite 155 Scottsdale, Arizona 85258
`United States
`chris@daylawfirm.com
`602-258-4440
`602-258-4441
`
`CORRESPONDENCE ADDRESS CHANGE
`Applicant proposes to amend the following:
`Current:
`SELECT EQUINE MERCANTILE
`
`

`

`SELECT EQUINE MERCANTILE
`
`77
`
`98 SANDLIN LN
`SPRINGTOWN
`Texas (TX)
`US
`76082
`
`Proposed:
`Christopher J. Day of Law Office of Christopher Day, having an address of
`9977 North 90th Street, Suite 155 Scottsdale, Arizona 85258
`United States
`chris@daylawfirm.com
`602-258-4440
`602-258-4441
`
`ADDITIONAL STATEMENTS
`Disclaimer
`No claim is made to the exclusive right to use ANTI-INFLAMMATORY, FAST PAIN RELIEF and the pictorial representation of the State of
`Texas apart from the mark as shown.
`
`SIGNATURE(S)
`Declaration Signature
`Original PDF file:
`HS_1747960152-122607703_._ENT_DRAW_IT_OUT_ANTI-INFLAMMATORY_FAST_PAIN_RELIEF_signature.pdf
`Converted PDF file(s) (1 page)
`Signature File1
`Signatory's Name: Jon Conklin
`Signatory's Position: Owner
`Signatory's Phone Number: n/a
`
`Response Signature
`Signature: /Christopher J. Day/     Date: 04/10/2015
`Signatory's Name: Christopher J. Day
`Signatory's Position: Attorney of record, Arizona bar member
`
`Signatory's Phone Number: 602-258-4440
`
`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.
`
`Mailing Address:    Christopher J. Day
`   Law Office of Christopher Day
`   9977 North 90th Street, Suite 155
`   Scottsdale, Arizona 85258
`
`Serial Number: 86468054
`Internet Transmission Date: Fri Apr 10 13:58:46 EDT 2015
`TEAS Stamp: USPTO/ROA-XXX.XX.XX.XXX-2015041013584635
`8131-86468054-530f7703db20662cee52534929
`67b42922ff3c6df744a5acf848987e543a8c6-N/
`A-N/A-20150410135749312829
`
`        
`

`

`

`

`__.:__._
`
`

`

`Experience Draw it Out today!
`
`AS A WRAP — Soak wrap in 30% Draw it Out
`to 70% water. Wrap affected areas, keeping
`wrap moist. Overnight application is
`recommended. Remaining mixture can be
`used to keep wrap moist using a spray bottle
`or syringe.
`
`SEVERE CONDITION WRAP — Soak wrap in
`50% Draw It Out to 50% water. Wrap
`affected areas, keeping wrap moist.
`Remaining mixture can be used to keep
`wrap moist using a spray bottle or syringe.
`Recommended time: 36-48 hours.
`
`PRE & POST EVENT/COMPETITION —
`Soak wrap and keep moist.
`
`TRANSPORT APPLICATIOk
`Soak wrap and keep moist.
`
`E
`‘
`
`Wrap can be secured with vet wrap.
`
`GREAT FOR:
`
`Reining - Barrels - Roping - Eventing -
`Cutting - Team Penning - Hunter Jumpers -
`Western Pleasure — Mounting Shooting
`
`VETERINARY STRENGTH
`
`Wrap/Soak
`Horses & Other Animals
`
`Pre 8r Post Event Application
`Transport Application
`
`DESIGNED WITH YOUR HORSE IN MIND
`
`NATURAL MINERALS ‘
`EXTERNAL USEONL‘i’,
`
`C0 NC ENTRATE
`32 fluid 02/94633 ml
`
`VETERINARY STRENGTH LINIMENT
`"HM
`CONCENTRATE
`
`DIRECTIONS — SHAKE WELL BEFORE
`USING.
`
`Normal Mixture: 30% Draw It Out; 70%
`Water. Use cold water if injury is within 2—3
`hours, otherwise use hot/warm water.
`
`Enhanced Mixture: 50% Draw it Out;
`50% Water.
`
`CONTAINS — Water, Sodium, Chloride,
`Magnesium, Sulfate, Potassium and
`Trace Mineral Blend.
`
`To Order. Questions, Call:
`817-668-5836 or 940-784-3942
`www.drawitoutusa.com
`www.texasequinemercantile.com
`Manufactured for Texas Equine Mercantile
`MADE IN THE USA
`
`53$5
`
`
`
`
`
`
`
`
`
`
`
`
`82294 00015
`
`
`
`
`
`4
`
`l
`
`

`

`Applicant:
`Mark:
`
`Select Equine Mercantile
`VE TERINAR Y S TRENGTH LlNlMENT DRA W lT OUT ANTl-lNFLAMMA TORY FAST
`PAIN RELIEF
`Serial Number: 86468054
`
`Declaration
`(Substitute Specimen Declaration)
`
`The undersigned, being hereby warned that willful false statements and the like so made are
`punishable by fine or imprisonment, or both, under 18 U.S.C. 1001, and that such willful false
`statements may jeopardize the validity of the application or any resulting registration, declares
`that he/she is properly authorized to execute this application on behalf of the applicant; he/she
`believes the applicant to be the owner of the trademark service mark sought to be registered,
`or, if the application is being filed under 15 U.S.C. 1051 (b), he/she believes applicant to be
`entitled to use such mark in commerce; to the best of his/her knowledge and belief no other
`person, firm, corporation, or association has the right to use the mark in commerce, either in
`the identical form thereof or in such near resemblance thereto as to be likely, when used on or
`in connection with the goods/services of such other person, to cause confusion, or to cause
`mistake, or to deceive; that the substitute specimen submitted herewith was in use in
`commerce in association with the goods at least as early as the filing date of this
`application; that the facts set forth in this application are true and that all statements made of
`his/her own knowledge are true and all statements made on information and belief are believed
`to be true.
`
`Jon Conklin
`
`04/01 /1 5
`
`(Date)
`
`

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