| PTO Form 1966 (Rev 9/2002) |
| OMB Control #0651-0050 (Exp. 04/30/2006) |
| Input Field |
Entered |
| SERIAL NUMBER | 76037086 |
| MARK SECTION (no change) | |
| ARGUMENT(S) | |
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RESPONSE TO SUSPENSION INQUIRY Applicant responds to the Suspension Inquiry mailed on March 3, 2004. REMARKS The Examining Attorney has requested that Applicant respond to indicate the status of the cancellation proceeding, number 92031756, in which Applicant has petitioned to cancel registration number 1,679,031. The Examining Attorney had refused registration to this application, citing the aforementioned registration number 1,679,031 under section 2(d) of the Trademark Act. In response to the Examining Attorney's inquiry, Applicant states that it continues to prosecute the cancellation action. The cancellation proceeding has been suspended for various periods of time while the parties pursued a settlement, but is no longer suspended. The testimony period for the instant Applicant (Petitioner in the cancellation action) was set to expire on August 22, 2004. On August 13, 2004, Applicant filed a stipulated motion to extend its testimony period until September 22, 2004. Applicant is in the process of scheduling testimonial depositions and designating testimony prior to that date. Applicant requests that the instant application remain suspended pending the disposition of the cancellation action, and subject to Applicant's continuing right to offer additional responses to the Examining Attorney's refusal under section 2(d). |
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| SIGNATURE SECTION | |
| SIGNATURE | /scoal/ |
| SIGNATORY NAME | Adam Lindquist Scoville |
| SIGNATORY POSITION | Attorney-Faegre & Benson LLP |
| SIGNATORY DATE | 08/25/2004 |
| FILING INFORMATION SECTION | |
| SUBMIT DATE | Wed Aug 25 17:44:00 EDT 2004 |
| TEAS STAMP | USPTO/OA-XXXXXXXXXXX-2004 0825174400480144-76037086 -20088309b29b6952d943d238 cf5480d1dc-N-N-2004082517 4227021796 |
| PTO Form 1966 (Rev 9/2002) |
| OMB Control #0651-0050 (Exp. 04/30/2006) |
| Application serial no. 76037086 is amended as follows: | |
| Argument(s) | |
| In response to the substantive refusal(s), please note the following: | |
|
RESPONSE TO SUSPENSION INQUIRY Applicant responds to the Suspension Inquiry mailed on March 3, 2004. REMARKS The Examining Attorney has requested that Applicant respond to indicate the status of the cancellation proceeding, number 92031756, in which Applicant has petitioned to cancel registration number 1,679,031. The Examining Attorney had refused registration to this application, citing the aforementioned registration number 1,679,031 under section 2(d) of the Trademark Act. In response to the Examining Attorney's inquiry, Applicant states that it continues to prosecute the cancellation action. The cancellation proceeding has been suspended for various periods of time while the parties pursued a settlement, but is no longer suspended. The testimony period for the instant Applicant (Petitioner in the cancellation action) was set to expire on August 22, 2004. On August 13, 2004, Applicant filed a stipulated motion to extend its testimony period until September 22, 2004. Applicant is in the process of scheduling testimonial depositions and designating testimony prior to that date. Applicant requests that the instant application remain suspended pending the disposition of the cancellation action, and subject to Applicant's continuing right to offer additional responses to the Examining Attorney's refusal under section 2(d). |
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| Response Signature | |
| Signature: /scoal/ Date: 08/25/2004 | |
| Signatory's Name: Adam Lindquist Scoville | |
| Signatory's Position: Attorney-Faegre & Benson LLP | |
| Serial Number: 76037086 | |
| Internet Transmission Date: Wed Aug 25 17:44:00 EDT 2004 | |
| TEAS Stamp: USPTO/OA-XXXXXXXXXXX-2004082517440048014 4-76037086-20088309b29b6952d943d238cf548 0d1dc-N-N-20040825174227021796 |