Offc Action Outgoing

BOGGY CREEK

Entrepreneurial Marketing, Inc.

Offc Action Outgoing

UNITED STATES DEPARTMENT OF COMMERCE

UNITED STATES PATENT AND TRADEMARK OFFICE

SERIAL NO: 76/353685

APPLICANT: Entrepreneurial Marketing, Inc.

CORRESPONDENT ADDRESS:

BEN LIVINGSTON

ENTREPRENEURIAL MARKETING, INC.

525 BARKER ROAD

READYVILLE,TENNESSEE 37149

RETURN ADDRESS:

Commissioner for Trademarks

2900 Crystal Drive

Arlington, VA 22202-3514

ecom108@uspto.gov

MARK: BOGGY CREEK

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 76/353685

This letter responds to the applicant’s communication filed on March 12, 2003. The amended identification of goods has been entered into the record and remains unacceptable for the following reasons. The final refusal is continued.

Identification of Goods

The amended identification identifies duplicate goods, namely, shirts and caps. The amended identification states: shirts, caps, and outerwear, namely, shirts, pants, caps, fleece sweatshirts, and pullovers and jackets. It is unclear what types of shirts and pants are considered outerwear. Are these wind-resistant shirts and pants? In any case, the identification remains unacceptable. Therefore, the FINAL requirement to amend the identification is continued. The applicant must adopt the following, if accurate:

Class 25 – shirts, caps, pants, fleece sweatshirts and pullovers, and jackets.

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

/Andrea D. Saunders/

Trademark Attorney

Law Office 108

703-308-9108 x229

703-746-8108 (fax)

ecom108@uspto.gov (formal responses only)

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.