Offc Action Outgoing

SIX SIGMA VINEYARDS

Six Sigma Ranch, LLC

TRADEMARK APPLICATION NO. 76173926 - SIX SIGMA VINEYARDS - C39202/11724

To:	Six Sigma Ranch, LLC (nyuspto@bryancave.com)
Subject:	TRADEMARK APPLICATION NO. 76173926 - SIX SIGMA VINEYARDS - C39202/11724
Sent:	1/10/2006 10:55:35 AM
Sent As:	ECOM101@USPTO.GOV
Attachments:

UNITED STATES PATENT AND TRADEMARK OFFICE

SERIAL NO: 76/173926

APPLICANT: Six Sigma Ranch, LLC

*76173926*

CORRESPONDENT ADDRESS:

Todd Braverman

Bryan Cave LLP

1290 Avenue of the Americas

New York NY 10104

RETURN ADDRESS:

Commissioner for Trademarks

P.O. Box 1451

Alexandria, VA 22313-1451

MARK: SIX SIGMA VINEYARDS

CORRESPONDENT’S REFERENCE/DOCKET NO: C39202/11724

CORRESPONDENT EMAIL ADDRESS:

nyuspto@bryancave.com

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

RESPONSE TIME LIMIT: TO AVOID ABANDONMENT, THE OFFICE MUST RECEIVE A PROPER RESPONSE TO THIS OFFICE ACTION WITHIN 6 MONTHS OF THE MAILING OR E-MAILING DATE.

MAILING/E-MAILING DATE INFORMATION: If the mailing or e-mailing date of this Office action does not appear above, this information can be obtained by visiting the USPTO website at http://tarr.gov.uspto.report/, inserting the application serial number, and viewing the prosecution history for the mailing date of the most recently issued Office communication.

Serial Number 76/173926

The assigned trademark examining attorney has reviewed the statement of use and has determined the following:

Date of First Use Anywhere is After Date of First Use in Commerce

Applicant must amend the dates of use to specify a date of first use anywhere that is not later than the date of first use in commerce. Applicant must verify this corrected date of first use anywhere with a notarized affidavit or a signed declaration under 37 C.F.R. §2.20. 37 C.F.R. §2.71(c); TMEP §903.05.

The date of first use anywhere specified in the application is 11/24/2003. That date is after 11/13/2003, which was set forth as the date of first use in commerce. It is not possible for the date of first use anywhere to be later than the date of first use in commerce, because use in commerce by definition includes use anywhere. TMEP §903.04.

If the applicant has any questions or needs assistance in responding to this Office action, please telephone the assigned examining attorney.

/Katherine Stoides/

Trademark Examining Attorney

Law Office 101

(571) 272-9230

HOW TO RESPOND TO THIS OFFICE ACTION:

ONLINE RESPONSE: You may respond formally using the Office’s Trademark Electronic Application System (TEAS) Response to Office Action form (visit http://www.gov.uspto.report/teas/index.html and follow the instructions, but if the Office Action has been issued via email, you must wait 72 hours after receipt of the Office Action to respond via TEAS).
REGULAR MAIL RESPONSE: To respond by regular mail, your response should be sent to the mailing return address above and include the serial number, law office number and examining attorney’s name in your response.

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

VIEW APPLICATION DOCUMENTS ONLINE: Documents in the electronic file for pending applications can be viewed and downloaded online at http://portal.gov.uspto.report/external/portal/tow.

GENERAL TRADEMARK INFORMATION: For general information about trademarks, please visit the Office’s website at http://www.gov.uspto.report/main/trademarks.htm

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