TEAS Response to Suspension Inquiry

PTO Form 1822 (Rev 11/2007)

OMB No. 0651-0050 (Exp. 4/30/2009)

---

PTO Form 1822 (Rev 11/2007)

OMB No. 0651-0050 (Exp. 4/30/2009)

Response to Suspension Inquiry or Letter of Suspension

To the Commissioner for Trademarks:

Application serial no. 76425038 ANDINA has been amended as follows:

CANCELLATION PROCEEDING(S)
Cancellation No(s). 92043522 has/have been terminated. The applicant hereby requests removal of this application from suspension for further action by the examining attorney.
Comment(s)/Remark(s):

The current application was rejected on the ground that the mark of the application was confusingly similar to the mark of Registration No. 2,787,696.  Applicant filed a Petition for Cancellation of the 2,787,696 Registration and Cancellation Proceeding No. 92043522 was instituted.   On August 16, 2004, proceedings in this application were suspended pending the outcome of the cancellation proceeding.  On May 8, 2008, the TTAB issued an order entering judgment for applicant herein and canceling Registration No. 2,787,696.  Therefore, this application should now be in condition for allowance and publication. 

SIGNATURE(S)
Response Suspension Inquiry Signature
Signature: /robertrmallinckrodt/     Date: 05/15/2008
Signatory's Name: Robert R. Mallinckrodt
Signatory's Position: Attorney of record

The signatory has confirmed that he/she is an attorney who is a member in good standing of the bar of the highest court of a U.S. state, which includes the District of Columbia, Puerto Rico, and other federal territories and possessions; and he/she is currently the applicant's attorney or an associate thereof; and to the best of his/her knowledge, if prior to his/her appointment another U.S. attorney or a Canadian attorney/agent not currently associated with his/her company/firm previously represented the applicant in this matter: (1) the applicant has filed or is concurrently filing a signed revocation of or substitute power of attorney with the USPTO; (2) the USPTO has granted the request of the prior representative to withdraw; (3) the applicant has filed a power of attorney appointing him/her in this matter; or (4) the applicant's appointed U.S. attorney or Canadian attorney/agent has filed a power of attorney appointing him/her as an associate attorney in this matter.

        
Serial Number: 76425038
Internet Transmission Date: Thu May 15 13:47:34 EDT 2008
TEAS Stamp: USPTO/RSI-XX.XXX.XX.XXX-2008051513473479
1241-76425038-4204cc25997fcbcb507d36ef03
88d107e-N/A-N/A-20080515134513123281