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. 76574725 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 011 for Air freshener dispenser
Original Filing Basis: 1(a).
Proposed: Class 011 for Air freshener dispenser
Deleted Filing Basis: 1(a)
New/Additional Basis:

Section 1(b), The applicant has a bona fide intention to use or use through the applicant's related company or licensee the mark in commerce on or in connection withthe identified goods and/or services as of the filing date of the application. (15 U.S.C. Section 1051(b)).

Correspondence Address Change
Applicant proposes to amend the following:
Original: ANGUS C. FOX, III 4093 IMPERIAL WAY PROVO, UTAH 84604-6303
Proposed: Angus C. Fox, III of Angus C. Fox, III, Attorney at Law, having an address of 4093 N. Imperial Way Provo, Utah United States 84604-5386, whose e-mail address is angus.fox@iveracity.com, whose phone number is 801-225-9000 and whose fax number is 801-224-7447.

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: /angus fox/      Date: 02/26/2006
Signatory's Name: Angus C. Fox, III
Signatory's Position: Attorney of Record

Response Signature

Signature: /angus fox/     Date: 02/26/2006
Signatory's Name: Angus C. Fox, III
Signatory's Position: Attorney of Record
Mailing Address:    Angus C. Fox, III
   Angus C. Fox, III, Attorney at Law
   4093 N. Imperial Way
   Provo, Utah 84604-5386
        
Serial Number: 76574725
Internet Transmission Date: Sun Feb 26 23:16:52 EST 2006
TEAS Stamp: USPTO/ROA-XXX.XX.XXX.XXX-200602262316526
16426-76574725-3208a9144b94cbd5ad356ef39
adc2e9017-N/A-N/A-20060226223753124678