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. 76639239 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 028 for fishing equipment, namely flies and lures
Original Filing Basis: 1(a).
Proposed: Class 028 for fishing equipment, namely flies and lures
Section 1(a), Use in Commerce: The mark was first used at least as early as 08/14/2003 and first used in commerce at least as early as 08/14/2003, and is now in use in such commerce.
Applicant hereby submits a specimen for Class 028.
The specimen(s) submitted consists of Applicant submits the attached specimen in substitution of the prior submission. The attached specimen labeled "multiple bin display" demonstrates the word Truform displayed in close proximity of the goods as claimed. Applicant also submits a close up of one of the fly bins shown in the display, labeled "single bin closeup." The specimen are consistent with the stated use in commerce at least as early as the filing date of the application..

For an application based on 1(a), Use in Commerce, "The substitute specimen(s) was in use in commerce as of the filing date of the application."
Specimen-1
Specimen-2


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: /Sarah J. Rhoades/      Date: 07/20/2006
Signatory's Name: Sarah J. Rhoades
Signatory's Position: Attorney

Response Signature

Signature: /Sarah J. Rhoades/     Date: 07/20/2006
Signatory's Name: Sarah J. Rhoades
Signatory's Position: Attorney
        
Serial Number: 76639239
Internet Transmission Date: Thu Jul 20 13:16:09 EDT 2006
TEAS Stamp: USPTO/ROA-XX.XX.XXX.XXX-2006072013160955
4550-76639239-33279beb7ab21f345d0c5a7784
57df094a6-N/A-N/A-20060720125449540534