Priority Action

WINDY WAVERS

Exhart Environmental Systems, Inc.

Priority Action

UNITED STATES PATENT AND TRADEMARK OFFICE

SERIAL NO: 76/537743

APPLICANT: Exhart Environmental Systems, Inc.

CORRESPONDENT ADDRESS:

DONALD M. CISLO

CISLO & THOMAS, LLP

233 WILSHIRE BOULEVARD, SUITE 900

SANTA MONICA, CALIFORNIA 90401-1211

RETURN ADDRESS:

Commissioner for Trademarks

2900 Crystal Drive

Arlington, VA 22202-3514

ecom106@uspto.gov

MARK: WINDY WAVERS

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.

PRIORITY ACTION

OFFICE SEARCH: The examining attorney has searched the Office records and has found no similar registered or pending mark which would bar registration under Trademark Act Section 2(d), 15 U.S.C. Section 1052(d). TMEP section 704.02.

TO AVOID ABANDONMENT, WE MUST RECEIVE A PROPER RESPONSE TO THIS OFFICE ACTION WITHIN 6 MONTHS OF OUR MAILING OR E-MAILING DATE. This case will be given priority as an amended case if you respond to the requirements stated below within two months.

FOR INQUIRIES OR QUESTIONS ABOUT THIS OFFICE ACTION, PLEASE CONTACT THE ASSIGNED EXAMINING ATTORNEY.

Serial Number 76/537743

The following issues were discussed in communication with applicant’s attorney on 2-17-2004.

PRIOR REGISTRATION OF APPLICANT

If the applicant is the owner of Registration No. 2766423, the applicant must submit a claim of ownership. 37 C.F.R. Section 2.36; TMEP section 812.

Linda E. B. Mickleburgh

/lebm/

Examining Attorney

Law Office 106

703-308-9106 x222

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