Response to Office Action

COMFORT

MUELLER SPORTS MEDICINE, INC.

Response to Office Action

PTO Form 1957 (Rev 5/2006)

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

Response to Office Action

The table below presents the data as entered.

Input Field	Entered
SERIAL NUMBER	76601386
LAW OFFICE ASSIGNED	LAW OFFICE 109
MARK SECTION (no change)
ARGUMENT(S)
Applicant respectfully notes that the Final Office Action mailed October 7, 2005 maintains the refusal of registration for Applicant's mark in the present application based on a likelihood of confusion with U.S. Registration 2,264,548. Applicant respectfully submits that Reg. No. 2,264,548 was registered July 27, 1999. Consequently, a Statement of Use under S. 8 was required between the 5th and 6th years after registration, or between July 27, 2004 and July 27, 2005. The six month grace period for filing the Statement of Use for Reg. No. 2,264,548 expired January 27, 2006. Applicant respectfully submits, on information and belief based on a review of the US-PTO records available on www.uspto.gov, that no Statement of Use has been filed on Reg. No. 2,264,548 so that registration is properly held abandoned. In light of the apparent abandonment of U.S. Reg. No. 2,264,548, there should be no likelihood of confusion with Applicant's mark in the present application, so reconsideration of the refusal to registrer applicant's mark in the present application is respectfully requested. The Examiner is invited to contact the undersigned at 608 237 7288 (M-W-F) or 608 643 8530 x300 (T-Th) if a telephone interview would advance the prosecution of this case. Respectfully, Rick Abegglen Attorney for Applicant
SIGNATURE SECTION
RESPONSE SIGNATURE	/Rick L. Abegglen/
SIGNATORY NAME	Rick Abegglen
SIGNATORY POSITION	Attorney, Reg. No. 47,371
SIGNATURE DATE	04/05/2006
FILING INFORMATION SECTION
SUBMIT DATE	Wed Apr 05 15:20:18 EDT 2006
TEAS STAMP	USPTO/ROA-XX.XXX.XX.XX-20 060405152018585300-766013 86-3209b8c3d7a13cba9a34ab 761f2f584c28f-N/A-N/A-200 60405150453032800

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. 76601386 has been amended as follows:
Argument(s)
In response to the substantive refusal(s), please note the following:
Applicant respectfully notes that the Final Office Action mailed October 7, 2005 maintains the refusal of registration for Applicant's mark in the present application based on a likelihood of confusion with U.S. Registration 2,264,548.

Applicant respectfully submits that Reg. No. 2,264,548 was registered July 27, 1999. Consequently, a Statement of Use under S. 8 was required between the 5th and 6th years after registration, or between July 27, 2004 and July 27, 2005. The six month grace period for filing the Statement of Use for Reg. No. 2,264,548 expired January 27, 2006. Applicant respectfully submits, on information and belief based on a review of the US-PTO records available on www.uspto.gov, that no Statement of Use has been filed on Reg. No. 2,264,548 so that registration is properly held abandoned.

In light of the apparent abandonment of U.S. Reg. No. 2,264,548, there should be no likelihood of confusion with Applicant's mark in the present application, so reconsideration of the refusal to registrer applicant's mark in the present application is respectfully requested.

The Examiner is invited to contact the undersigned at 608 237 7288 (M-W-F) or 608 643 8530 x300 (T-Th) if a telephone interview would advance the prosecution of this case.

Respectfully,

Rick Abegglen

Attorney for Applicant

Response Signature

Signature: /Rick L. Abegglen/ Date: 04/05/2006
Signatory's Name: Rick Abegglen
Signatory's Position: Attorney, Reg. No. 47,371

Serial Number: 76601386
Internet Transmission Date: Wed Apr 05 15:20:18 EDT 2006
TEAS Stamp: USPTO/ROA-XX.XXX.XX.XX-20060405152018585
300-76601386-3209b8c3d7a13cba9a34ab761f2
f584c28f-N/A-N/A-20060405150453032800

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