Response to Office Action

PTO Form 1957 (Rev 5/2006)

OMB No. 0651-0050 (Exp. 04/2009)

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PTO Form 1957 (Rev 5/2006)

OMB No. 0651-0050 (Exp. 04/2009)

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 76173926 has been amended as follows:
Argument(s)
In response to the substantive refusal(s), please note the following:
The Examining Attorney has advised that the use date information provided for the goods in International Class 25 that was included with the Statement of Use is unacceptable because the first use anywhere date is later than the first use in commerce date.   Applicant respectfully advises the Examining Attorney that the use date information was inadvertently transposed when the Statement of Use was electronically filed and confirms that the first use anywhere date for the Class 25 goods is November 13, 2003, and that the first use in commerce date is November 24, 2003.    A supporting Declaration attesting to this is included with this response, as required.   Applicant respectfully requests that the use date information be corrected in the application and the Statement of Use be accepted.


Declaration Signature
If the applicant is seeking registration under Section 1(b) and/or Section 44 of the Trademark Act, the applicant had a bona fide intention to use or use through the applicant's related company or licensee the mark in commerce on or in connection with the identified goods and/or services as of the filing date of the application. 37 C.F.R. Secs. 2.34(a)(2)(i); 2.34 (a)(3)(i); and 2.34(a)(4)(ii). If the applicant is seeking registration under Section 1(a) of the Trademark Act, the mark was in use in commerce on or in connection with the goods or services listed in the application as of the application filing date. 37 C.F.R. Secs. 2.34(a)(1)(i). 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 if the original application was submitted unsigned, that all statements in the original application and this submission made of the declaration signer's knowledge are true; and all statements in the original application and this submission made on information and belief are believed to be true.

Signature: /Kaj Ahlmann/      Date: 01/11/2006
Signatory's Name: Kaj Ahlmann
Signatory's Position: President, Six Sigma Ranch LLC

Response Signature

Signature: /Todd Braverman/     Date: 01/11/2006
Signatory's Name: Todd Braverman
Signatory's Position: Counsel to Applicant
        
Serial Number: 76173926
Internet Transmission Date: Wed Jan 11 08:36:44 EST 2006
TEAS Stamp: USPTO/ROA-XXX.XX.X.XX-200601110836442939
22-76173926-3201f545814507fc28cf47056fb2
93d4771-N/A-N/A-20060111082607575371