Offc Action Outgoing

AMBIANCE

LOVER'S LANE I.P., LTD.

Offc Action Outgoing

UNITED STATES DEPARTMENT OF COMMERCE

UNITED STATES PATENT AND TRADEMARK OFFICE

SERIAL NO: 76/399161

APPLICANT: Ambiance, Inc.

CORRESPONDENT ADDRESS:

WAYNE D. PORTER, JR.

RANKIN, HILL, PORTER & CLARK LLP

700 HUNTINGTON BUILDING

925 EUCLID AVENUE

CLEVELAND OHIO 4415-1405

RETURN ADDRESS:

Commissioner for Trademarks

2900 Crystal Drive

Arlington, VA 22202-3513

ecom103@uspto.gov

MARK: AMBIANCE

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 76/399161

This letter responds to the applicant’s communication filed on January 15, 2003.

The applicant submitted a new drawing page, submitted new specimens and claimed ownership of Registration Nos. 1682305; 2320391; 2137100 and 1852729. The amendment to the drawing page and new specimens are acceptable and has been made of record. However, the applicant should note the following informality.

Ownership of Claimed Registrations

The applicant has claimed ownership of Registration Nos. 2320391 and 1852729. However, the records of the Patent and Trademark Office show ownership in an entity other than the applicant. If the registered marks claimed have been assigned to the applicant, the applicant may record the assignment with the Assignment Branch of this Office and provide the examining attorney with the reel and frame numbers at which the assignment is recorded. TMEP §812.01.

In the alternative, the applicant may submit evidence of the assignment of the marks to the applicant. This evidence may consist of (1) documents evidencing the chain of title or (2) an explanation, in an affidavit or supported by a declaration under 37 C.F.R. §2.20, of the chain of title (specifying each party in the chain, the nature of each conveyance, and the relevant dates).

If the applicant is not the owner of the cited registrations, the applicant must delete its claim of ownership.

Stephanie M. Davis, Esq.

Examining Trademark Attorney

Law Office 103

703.308.9103 ext. 210 - voice

703.746.8103 - facsimile

ecom103@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.