Response to Office Action

PTO Form 1957 (Rev 9/2005)

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

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PTO Form 1957 (Rev 9/2005)

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

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 76586045 has been amended as follows:
Argument(s)
In response to the substantive refusal(s), please note the following:

Examining Attorney rejected Applicant's previously submitted specimen because the the mark, the letter "o" shaped like a baseball cap, was shown in the previous specimen as a letter within the word TOPENHAT, Applicant's registered mark #2990163, wherein Applicant's drawing did not include surrounding wording.  In response, Applicant has enclosed herewith a substitute specimen existing in the form of a product hang tag, which is the letter "o" shaped like a baseball cap, which is also used along with the previous specimen, upon delivery of Applicant's sold goods. Applicant thus believes the application should be allowed for registration.   

Classification and Listing of Goods/Services

Applicant hereby amends the following class of goods/services in the application as follows:
Current: Class 025 for Headwear, namely hats and baseball caps
Original Filing Basis: 1(b).
Proposed: Class 025 for Headwear, namely hats and baseball caps

Deleted Filing Basis: 1(b)
Applicant hereby submits amended dates of use:   The mark was first used at least as early as 03/01/2004 and first used in commerce at least as early as 03/01/2004, and is now in use in such commerce.
Applicant hereby submits a new specimen for Class 025.
The specimen(s) submitted consists of #1-Scanned image of exemplary laminated hang tag; #2-Digital photo image of exemplary laminated hang tag with ball point pen size-reference along side..
For an application based on 1(b), Intent-to-Use, "The substitute specimen(s) was in use in commerce prior to expiration of the filing deadline for filing a Statement of Use (SOU)."
Original PDF file:
SPU0-72547074-131033132_._logotag.pdf
Converted PDF file(s) (1 page)
Specimen File1
Original PDF file:
SPU0-72547074-131033132_._logophoto.pdf
Converted PDF file(s) (1 page)
Specimen File1


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: /smdrummond/      Date: 03/26/2007
Signatory's Name: Sandra M. Drummond
Signatory's Position: Attorney of Record

Response Signature
Signature: /smdrummond/     Date: 03/26/2007
Signatory's Name: Sandra M. Drummond
Signatory's Position: Attorney of Record

The signatory has confirmed that he/she is an attorney who is a member in good standing of the bar of the highest court of a U.S. state, which includes the District of Columbia, Puerto Rico, and other federal territories and possessions; and he/she is currently the applicant's attorney or an associate thereof; and to the best of his/her knowledge, if prior to his/her appointment another U.S. attorney or a Canadian attorney/agent not currently associated with his/her company/firm previously represented the applicant in this matter: (1) the applicant has filed or is concurrently filing a signed revocation of or substitute power of attorney with the USPTO; (2) the USPTO has granted the request of the prior representative to withdraw; (3) the applicant has filed a power of attorney appointing him/her in this matter; or (4) the applicant's appointed U.S. attorney or Canadian attorney/agent has filed a power of attorney appointing him/her as an associate attorney in this matter.
        
Serial Number: 76586045
Internet Transmission Date: Mon Mar 26 13:36:03 EDT 2007
TEAS Stamp: USPTO/ROA-XX.XX.XX.XX-200703261336037626
85-76586045-3706be20f77fc2e2aaa1122134b0
f3b1f-N/A-N/A-20070326131033132769