Offc Action Outgoing

BRAND PLAN

Deskey Associates, Inc.

Offc Action Outgoing

UNITED STATES DEPARTMENT OF COMMERCE

UNITED STATES PATENT AND TRADEMARK OFFICE

SERIAL NO: 76/454497

APPLICANT: Deskey Associates, Inc.

CORRESPONDENT ADDRESS:

TODD WENGROVSKY

LAW OFFICES OF TODD WENGROVSKY, PLLC

285 SOUTHFIELD ROAD, BOX 585

CALVERTON, NEW YORK 11933

RETURN ADDRESS:

Commissioner for Trademarks

2900 Crystal Drive

Arlington, VA 22202-3514

ecom108@uspto.gov

MARK: BRAND PLAN

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 76/454497

This letter responds to the applicant’s communication filed on June 4, 2003.

The amendments to recitation of services and disclaimer of Brand have been entered in the record.

The proposed amendment to seek registration on the Supplemental Register is unacceptable. An application filed under Trademark Act Section 1(b), 15 U.S.C. §1051(b), on the basis of a bona fide intent to use the mark in commerce, may not be amended to the Supplemental Register until the applicant files an acceptable amendment to allege use under 37 C.F.R. §2.76 or an acceptable statement of use under 37 C.F.R. §2.88. 37 C.F.R. §2.47(c); TMEP §§815.02, 816.02 and 1102.03.

If the applicant timely files an acceptable amendment to allege use or statement of use and an amendment to the Supplemental Register, the effective filing date of the application is the date on which the amendment to allege use or statement of use was filed. 37 C.F.R. §2.75(b); TMEP §§206.01, 816.02 and 1102.03. A new search of the Office records for references would be done at that time.

If the applicant has any questions or needs assistance in responding to this Office action, please telephone the assigned examining attorney.

/Amos T. Matthews/

Examining Attorney

Law Office 108

(703) 308-9108 ext. 293

(703) 746-8108 (fax)

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.