Offc Action Outgoing

TREASURY PERSPECTIVES

BANK OF AMERICA CORPORATION

Offc Action Outgoing

UNITED STATES DEPARTMENT OF COMMERCE

UNITED STATES PATENT AND TRADEMARK OFFICE

SERIAL NO: 76/500598

APPLICANT: FleetBoston Financial Corporation

CORRESPONDENT ADDRESS:

MICHELLE A. MASSICOTTE, ESQ.

HINCKLEY ALLEN & SNYDER LLP

28 STATE STREET

BOSTON, MASSACHUSETTS 02109-1775

RETURN ADDRESS:

Commissioner for Trademarks

2900 Crystal Drive

Arlington, VA 22202-3514

MARK: TREASURY PERSPECTIVES

CORRESPONDENT’S REFERENCE/DOCKET NO: 49590/118345

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 76/500598

This letter responds to the applicant’s communication filed on March 8, 2004.

The disclaimer has been made of record and the recitation of services is deemed acceptable.

Although this is a combined application for goods in three classes, the proposed amendment to allege use included a fee for only two classes. The amendment to allege use must include the prescribed fee. 37 C.F.R. §2.76(b)(3). The fee for filing an amendment to allege use is $100.00 per class. 37 C.F.R. §2.6(a)(2); TMEP §1104.09(g).

Therefore, the applicant may do one of the following: (1) pay an additional fee of $100.00 for each class not covered by the amount already paid, (2) amend the application to abandon classes for which the prescribed fee is not paid, (3) withdraw the amendment to allege use, (4) file a request to divide, or (5) set forth in the application which goods and services should proceed under one basis or the other. The Office will not refund any fee for filing an amendment to allege use which is withdrawn.

If applicant includes Class 36 in the amendment to allege use, then it must comply with the requirements pertaining to an amendment to allege use filing including specimens, dates of use, signed declaration in addition to the prescribed fee.

Further action awaits response to the above.

/Raul Cordova/

Trademark Examining Attorney

Law Office 114

703-308-9114 ext. 136

Rightfax 703-746-6429

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 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.