Offc Action Outgoing

MODAL POINT

Prosticks.com Limited

Offc Action Outgoing

UNITED STATES DEPARTMENT OF COMMERCE

UNITED STATES PATENT AND TRADEMARK OFFICE

SERIAL NO: 76/044238

APPLICANT: Gohedge Asset Management Limited

CORRESPONDENT ADDRESS:

GUY D. YALE

ALIX, YALE & RISTAS, LLP

750 MAIN STREET

HARTFORD, CONNECTICUT 06103

RETURN ADDRESS:

Commissioner for Trademarks

2900 Crystal Drive

Arlington, VA 22202-3513

ecom114@uspto.gov

MARK: MODAL POINT

CORRESPONDENT’S REFERENCE/DOCKET NO: N/A

CORRESPONDENT EMAIL ADDRESS:

Please provide in all correspondence:

1. Filing date, serial number, mark and

applicant's name.

2. Date of this Office Action.

3. Examining Attorney's name and

Law Office number.

4. Your telephone number and e-mail address.

OFFICE ACTION

TO AVOID ABANDONMENT, WE MUST RECEIVE A PROPER RESPONSE TO THIS OFFICE ACTION WITHIN 6 MONTHS OF OUR MAILING OR E-MAILING DATE.

Serial Number 76/044238

This letter responds to the applicant’s communication filed on December 26, 2002. The refusal to register the mark on the Principal Register pursuant to Section 2(e)(1) of the Trademark Act is CONTINUED. The amendment of the applicant’s name has been entered into the record. However, the amendment to the Supplemental Register has raised a new issue on which the examining attorney has determined the following:

The examining attorney refuses registration on the Supplemental Register because the proposed mark is not in lawful use in commerce. Trademark Act Section 23, 15 U.S.C. §1091; TMEP § 1102.03.

An applicant who relies on a bona fide intention to use the mark in commerce under §1(b) may not seek registration on the Supplemental Register until the applicant has submitted an amendment to allege use that meets the minimum filing requirements of 37 C.F.R. §2.76(e) or a statement of use that meets the minimum filing requirements of 37 C.F.R. §2.88(e). 37 C.F.R. §§2.47(c) and 2.75(b).

Although the examining attorney has refused registration, the applicant may respond to the refusal to register by submitting evidence and arguments in support of registration.

/Tricia McDermott Thompkins/

Trademark Examining Attorney

(703) 308-9114 x263

(703) 746-8114 (fax)

ecom@114@uspto.gov

How to respond to this Office Action:

To respond formally using the Office’s Trademark Electronic Application System (TEAS), visit http://www.gov.uspto.report/teas/index.html and follow the instructions.

To respond formally via E-mail, visit http://www.gov.uspto.report/web/trademarks/tmelecresp.htm and follow the instructions.

To respond formally via regular mail, your response should be sent to the mailing Return Address listed above and include the serial number, law office and examining attorney’s name on the upper right corner of each page of your response.

To check the status of your application at any time, visit the Office’s Trademark Applications and Registrations Retrieval (TARR) system at http://tarr.gov.uspto.report/

For general and other useful information about trademarks, you are encouraged to visit the Office’s web site at http://www.gov.uspto.report/main/trademarks.htm

FOR INQUIRIES OR QUESTIONS ABOUT THIS OFFICE ACTION, PLEASE CONTACT THE ASSIGNED EXAMINING ATTORNEY.