Response to Office Action

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Response to Office Action

PTO Form 1957 (Rev 8/2005)
OMB Control #0651-0050 (Exp. 04/30/2006)

Response to Office Action


The table below presents the data as entered.

Input Field
Entered
SERIAL NUMBER 76399294
MARK SECTION (no change)
ARGUMENT(S)

The Assignment recorded with the U.S. Patent and Trademark Office on May 6, 2005 at Reel 2849, Frame 0097 was incorrect.  As such, a corrective Assignment, which corrects the conveying party, receiving party and execution date on the recordation sheet and assigns the mark from Newell Operating Company to Mirro Operating Company LLC was recorded with the U.S. Patent and Trademark Office on August 27, 2004 at Reel 2931, Frame 0304.  However, the U.S. Patent and Trademark Office failed to record the Assignment for Application Serial No. 76/399,294, even though this mark was included with the Schedule attached to the Recordation Form Cover Sheet.  Accordingly, the corrective assignment was re-recorded on September 2, 2005 at Reel 003152, Frame 0340.  The Execution Date of the corrective Assignment is April 9, 2004, which is prior to the filing of the Statement of Use.  Accordingly, Applicant submits that the chain of title is not broken and the rejection set forth in the Office Action has been overcome.  Reconsideration is respectfully requested.

GOODS AND/OR SERVICES SECTION (no change)
SIGNATURE SECTION
RESPONSE SIGNATURE /cmi/
SIGNATORY NAME Clare M. Iery
SIGNATORY POSITION Attorney
SIGNATURE DATE 09/02/2005
FILING INFORMATION SECTION
SUBMIT DATE Fri Sep 02 13:37:25 EDT 2005
TEAS STAMP USPTO/OA-XXXXXXXXXXX-2005
0902133725775147-76399294
-200d6aa32ad1ba789437fb0b
8a2ed3e7bd-N-N-2005090213
3714991802



PTO Form 1957 (Rev 8/2005)
OMB Control #0651-0050 (Exp. 04/30/2006)

Response to Office Action


To the Commissioner for Trademarks:

Application serial no. 76399294 is amended as follows:    
        
Argument(s)
In response to the substantive refusal(s), please note the following:

The Assignment recorded with the U.S. Patent and Trademark Office on May 6, 2005 at Reel 2849, Frame 0097 was incorrect.  As such, a corrective Assignment, which corrects the conveying party, receiving party and execution date on the recordation sheet and assigns the mark from Newell Operating Company to Mirro Operating Company LLC was recorded with the U.S. Patent and Trademark Office on August 27, 2004 at Reel 2931, Frame 0304.  However, the U.S. Patent and Trademark Office failed to record the Assignment for Application Serial No. 76/399,294, even though this mark was included with the Schedule attached to the Recordation Form Cover Sheet.  Accordingly, the corrective assignment was re-recorded on September 2, 2005 at Reel 003152, Frame 0340.  The Execution Date of the corrective Assignment is April 9, 2004, which is prior to the filing of the Statement of Use.  Accordingly, Applicant submits that the chain of title is not broken and the rejection set forth in the Office Action has been overcome.  Reconsideration is respectfully requested.

        
        
Response Signature
        
Signature: /cmi/     Date: 09/02/2005
Signatory's Name: Clare M. Iery
Signatory's Position: Attorney
        
        
        
Serial Number: 76399294
Internet Transmission Date: Fri Sep 02 13:37:25 EDT 2005
TEAS Stamp: USPTO/OA-XXXXXXXXXXX-2005090213372577514
7-76399294-200d6aa32ad1ba789437fb0b8a2ed
3e7bd-N-N-20050902133714991802




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