Offc Action Outgoing

X SPORT

BRAINSTORMPRODUCTS, LLC

TRADEMARK APPLICATION NO. 76382361 - X SPORT - N/A

UNITED STATES DEPARTMENT OF COMMERCE

To:	X Concepts, LLC (nparrett@xconcepts.com)
Subject:	TRADEMARK APPLICATION NO. 76382361 - X SPORT - N/A
Sent:	3/2/04 2:59:13 PM
Sent As:	ECom106
Attachments:

UNITED STATES PATENT AND TRADEMARK OFFICE

SERIAL NO: 76/382361

APPLICANT: X Concepts, LLC

CORRESPONDENT ADDRESS:

NANCY H. PARRETT, ESQ.

X CONCEPTS, LLC

975 SOUTH ANDREASEN DRIVE

ESCONDIDO CA 92029

RETURN ADDRESS:

Commissioner for Trademarks

2900 Crystal Drive

Arlington, VA 22202-3514

MARK: X SPORT

CORRESPONDENT’S REFERENCE/DOCKET NO: N/A

CORRESPONDENT EMAIL ADDRESS:

nparrett@xconcepts.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

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 76/382361

The assigned examining attorney has reviewed the statement of use filed on 3/31/03 and has determined the following.

Applicant must submit (1) a substitute specimen showing the mark as it is used in commerce on the goods or on packaging for the goods, and (2) a statement that “the substitute specimen was in use in commerce prior to the expiration of the time allowed applicant for filing a statement of use,” verified with a notarized affidavit or a signed declaration under 37 C.F.R. §2.20. 37 C.F.R. §§2.56, 2.59(b)(2) and 2.88(b)(2); TMEP §§904.09 and 1109.09(b).

The current specimen of record comprises packaging for a kite and is unacceptable as evidence of actual trademark use because it is very dark and illegible. The mark cannot be seen. Examples of acceptable specimens for goods are tags, labels, instruction manuals, containers, photographs that show the mark on the goods or packaging, or displays associated with the goods at their point of sale. TMEP §§904.04 et seq.

/G. Mayerschoff/

Trademark Attorney, LO-106

Hrs. 8:30 am- 6pm

703- 308- 9106 x118

Fax- 703- 746-8106

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 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.