Offc Action Outgoing

NOTHROW

TWIN BEGINNINGS LLC

Offc Action Outgoing

UNITED STATES DEPARTMENT OF COMMERCE

UNITED STATES PATENT AND TRADEMARK OFFICE

SERIAL NO: 76/294137

APPLICANT: Scanlan, Karla

CORRESPONDENT ADDRESS:

AMY E. RINALDO

KOHN & ASSOCIATES

30500 NORTHWESTERN HWY STE 410

FARMINGTON HILLS MI 48334-3179

RETURN ADDRESS:

Commissioner for Trademarks

2900 Crystal Drive

Arlington, VA 22202-3514

ecom108@uspto.gov

MARK: NOTHROW

CORRESPONDENT’S REFERENCE/DOCKET NO: 3162.00003

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 76/294137

The Office has reassigned this application to the undersigned examining attorney.

The assigned examining attorney has reviewed the statement of use filed on April 3, 2003 and has determined the following.

MARK DIFFERS ON DRAWING AND SPECIMEN

The drawing displays the mark as NOTHROW. However, this differs from the display of the mark on the specimen, where it appears as NO THROW. The applicant must either:

(1) submit a new drawing of the mark that agrees with the specimen; or

(2) submit a substitute specimen that shows use of the mark shown in the drawing.

The applicant may not amend the drawing if the amendment would materially alter the character of the mark. 37 C.F.R. §2.72(b); TMEP §§807.14, 807.14(a) and 807.14(a)(i).

If a substitute specimen is submitted, the applicant must verify, with an affidavit or a declaration under 37 C.F.R. §2.20, that the substitute specimen was in use in commerce prior to the expiration of the time allowed to the applicant for filing a statement of use. 37 C.F.R. §§2.59(b) and 2.72(b); TMEP §904.09.

/Mary Rossman/

Mary Rossman, Trademark Attorney

Law Office 108; 703 308 9108 x 298

ecom108@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.