Notation to File

APNEOPLASTY

Apneon, Inc

RE: 76/556710 APNEOPLASTY Dear Ms. Tran: As to #1, it depends how the mark is used on line. If you're going to advertise the goods on line, be sure that you show the mark in close connection with a picture of the goods, and provide ordering information also, e.g., telephone number, address, etc. I can't say for sure whether this will be sufficient until I see your specimen but those are some things to keep in mind. It would be easier for you if you could show use of the mark on a label actually placed on the goods or on packaging for the goods. If there's any question about the specimen of use, I would recommend that you consider filing both a Statement of Use and an Extension of Time to File a Statement of Use. That way, if there's any problem with the Statement of Use, you have extra time. Many applicants do this, however, there is an extra fee involved. The Intent to Use Division can explain that to you. As to #2, once the Statement of Use is approved, it usually takes about 6 to 8 weeks to receive a Certificate of Registration. The trademark isn't actually registered until the Certificate of Registration is issued. I will be leaving shortly for the holidays. I hope that the above answers your questions, and that you enjoy the holidays. -----Original Message----- From: Uyen Tran [mailto:uyen@apneon.com] Sent: Thursday, December 23, 2004 2:26 PM To: Clarke, Nancy Subject: RE: 76/556710 APNEOPLASTY Dear Ms. Clarke: It was very pleasant speaking with you this morning. I have two other questions that I'm hoping to get some answers on: 1) Would posting this mark online be sufficient? 2) Also, after the Statement of Use is approved, does that mean that our trademark is registered? Thank you so much for your help. Happy holidays to you and your loved ones as well. Uyen Tran Apneon, Inc. 20370 Town Center Lane, Suite 254 Cupertino, CA 95014, USA Tel: (408) 865-0267 Email: utran@apneon.com -----Original Message----- From: Clarke, Nancy [mailto:Nancy.Clarke@USPTO.GOV] Sent: Thursday, December 23, 2004 11:15 AM To: uyen@apneon.com Subject: FW: 786556710 APNEOPLASTY

NOTE TO THE FILE

SERIAL NUMBER:            76556710

DATE:                                12/23/2004

NAME:                               NClarke

NOTE:

From: Clarke, Nancy
Sent: Thursday, December 23, 2004 2:36 PM
To: 'Uyen Tran'
Subject: RE: 76/556710 APNEOPLASTY

Dear Ms. Tran:

As to #1, it depends how the mark is used on line. If you're going to advertise the goods on line, be sure that you show the mark in close connection with a picture of the goods, and provide ordering information also, e.g., telephone number, address, etc. I can't say for sure whether this will be sufficient until I see your specimen but those are some things to keep in mind. It would be easier for you if you could show use of the mark on a label actually placed on the goods or on packaging for the goods.

If there's any question about the specimen of use, I would recommend that you consider filing both a Statement of Use and an Extension of Time to File a Statement of Use. That way, if there's any problem with the Statement of Use, you have extra time. Many applicants do this, however, there is an extra fee involved. The Intent to Use Division can explain that to you.

As to #2, once the Statement of Use is approved, it usually takes about 6 to 8 weeks to receive a Certificate of Registration. The trademark isn't actually registered until the Certificate of Registration is issued.

I will be leaving shortly for the holidays. I hope that the above answers your questions, and that you enjoy the holidays.

-----Original Message-----
From: Uyen Tran [mailto:uyen@apneon.com]
Sent: Thursday, December 23, 2004 2:26 PM
To: Clarke, Nancy
Subject: RE: 76/556710 APNEOPLASTY

Dear Ms. Clarke:

It was very pleasant speaking with you this morning. I have two other questions that I'm hoping to get some answers on:

1)       Would posting this mark online be sufficient?

2)       Also, after the Statement of Use is approved, does that mean that our trademark is registered?

Thank you so much for your help. Happy holidays to you and your loved ones as well.

Uyen Tran

Apneon, Inc.

20370 Town Center Lane, Suite 254

Cupertino, CA 95014, USA

Tel: (408) 865-0267

Email: utran@apneon.com

-----Original Message-----
From: Clarke, Nancy [mailto:Nancy.Clarke@USPTO.GOV]
Sent: Thursday, December 23, 2004 11:15 AM
To: uyen@apneon.com
Subject: FW: 786556710 APNEOPLASTY

Please note a typo in the subject line: The serial number should be 76/556710. Pardon the oversight!

-----Original Message-----
From: Clarke, Nancy
Sent: Thursday, December 23, 2004 2:14 PM
To: 'uyen@apneon.com'
Subject: FW: 786556710 APNEOPLASTY

Dear Ms. Tran: Here is the e-mail that we just discussed. I hope this is what you needed.

-----Original Message-----
From: Clarke, Nancy
Sent: Thursday, December 23, 2004 10:46 AM
To: 'utran@apneon.com'
Subject: FW: 786556710 APNEOPLASTY

-----Original Message-----
From: Clarke, Nancy
Sent: Thursday, December 23, 2004 10:36 AM
To: 'utran@apneon.com'
Subject: 786556710 APNEOPLASTY

Dear Mr./Ms. Tran:

I just received your fax dated December 19, 2004. In response to your questions, a Notice of Allowance was issued in this case on 8/24/04. Therefore, you must file a Statement of Use or an Extention of Time to File a Statement of Use by 2/24/04. You can find these forms on our website at www.uspto.gov (hit the Trademarks bar).

When filing these documents, you will be dealing with the Intent to Use section of the office. If you have questions, you should call them at (571) 272-9550. Alternatively, you can call our customer assistance center at (800) 786-9199.

Hope this is helpful

Happy Holidays.