Offc Action Outgoing

BABY BACH

The Baby Einstein Company, LLC

Offc Action Outgoing

UNITED STATES DEPARTMENT OF COMMERCE

UNITED STATES PATENT AND TRADEMARK OFFICE

SERIAL NO: 76/452733

APPLICANT: The Baby Einstein Company, LLC

CORRESPONDENT ADDRESS:

MEI-LAN STARK

THE WALT DISNEY COMPANY

500 SOUTH BUENA VISTA STREET

BURBANK, CA 91521-0633

RETURN ADDRESS:

Commissioner for Trademarks

2900 Crystal Drive

Arlington, VA 22202-3514

ecom112@uspto.gov

MARK: BABY BACH

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 76/452733

This letter responds to the applicant's communication filed on August 11, 2003. The amendment to the identification of goods is acceptable.

The examining attorney has carefully reviewed the applicant’s response and has determined that the following issues are outstanding and thus required.

Ownership of Prior Registrations

If the applicant is the owner of Registration Nos. 2648992 and 2607780, the applicant must submit a claim of ownership. 37 C.F.R. Section 2.36; TMEP section 812.

The claim may take the following form:

The applicant is the owner of U.S. Registration Nos. 2648992 and 2607780.

Telephone or Electronic Response Suggested

PLEASE NOTE: All of the issues raised can be resolved by telephone or via electronic mail. The applicant may telephone the examining attorney or submit an e-mail, instead of submitting a written response, to expedite the application.

/D. Beryl Gardner/

D. Beryl Gardner

Examining Attorney - Law Office 112

www.gov.uspto.report/teas/index.html (file responses)

beryl.gardner@uspto.gov (submit questions only)

703-308-9112 x180

410-997-6378

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.