Response to Office Action

PTO Form 1957 (Rev 5/2006)

OMB No. 0651-0050 (Exp. 04/2009)

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PTO Form 1957 (Rev 5/2006)

OMB No. 0651-0050 (Exp. 04/2009)

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 76560283 has been amended as follows:
Classification and Listing of Goods/Services

Applicant hereby amends the following class of goods/services in the application as follows:
Current: Class 036 for REAL ESTATE MORTGAGE BANKING AND LENDING SERVICES
Original Filing Basis: 1(b).
Proposed: Class 036 for REAL ESTATE MORTGAGE BANKING AND LENDING SERVICES
New/Additional Basis:

Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 10/01/2003 and first used in commerce at least as early as 10/01/2003, and is now in use in such commerce.
Applicant hereby submits a specimen for Class 036.
The specimen(s) submitted consists of advertisement for services.

For an application based on 1(b), Intent-to-Use, "The substitute specimen(s) was in use in commerce prior to the filing of the Amendment to Allege Use (AAU)."
Specimen-1


Declaration Signature
If the applicant is seeking registration under Section 1(b) and/or Section 44 of the Trademark Act, the applicant had a bona fide intention to use or use through the applicant's related company or licensee the mark in commerce on or in connection with the identified goods and/or services as of the filing date of the application. 37 C.F.R. Secs. 2.34(a)(2)(i); 2.34 (a)(3)(i); and 2.34(a)(4)(ii). If the applicant is seeking registration under Section 1(a) of the Trademark Act, the mark was in use in commerce on or in connection with the goods or services listed in the application as of the application filing date. 37 C.F.R. Secs. 2.34(a)(1)(i). The undersigned, being hereby warned that willful false statements and the like so made are punishable by fine or imprisonment, or both, under 18 U.S.C. §1001, and that such willful false statements may jeopardize the validity of the application or any resulting registration, declares that he/she is properly authorized to execute this application on behalf of the applicant; he/she believes the applicant to be the owner of the trademark/service mark sought to be registered, or, if the application is being filed under 15 U.S.C. §1051(b), he/she believes applicant to be entitled to use such mark in commerce; to the best of his/her knowledge and belief no other person, firm, corporation, or association has the right to use the mark in commerce, either in the identical form thereof or in such near resemblance thereto as to be likely, when used on or in connection with the goods/services of such other person, to cause confusion, or to cause mistake, or to deceive; that if the original application was submitted unsigned, that all statements in the original application and this submission made of the declaration signer's knowledge are true; and all statements in the original application and this submission made on information and belief are believed to be true.

Signature: /sherry flax/      Date: 01/31/2006
Signatory's Name: Sherry Flax
Signatory's Position: Attorney

Response Signature

Signature: /sherry flax/     Date: 01/31/2006
Signatory's Name: Sherry Flax
Signatory's Position: Attorney
        
Serial Number: 76560283
Internet Transmission Date: Tue Jan 31 08:06:46 EST 2006
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.XXX-20060131080646
293407-76560283-320d38c90987e9563dda4d3c
70faa71172-N/A-N/A-20060131080248445569