Response to Office Action

PTO Form 1957 (Rev 9/2005)

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

---

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. 76639678 has been amended as follows:
Argument(s)
In response to the substantive refusal(s), please note the following:

        In an Office Action dated July 24, 2006, the Examining Attorney required Applicant to submit a declaraiton stating that that Applicant has a bona fide intention to use the mark in commerce.  In response, Applicant submits the necessary declaration.

        In the July 24, Office action, the Examining Attorney continued and maintained the refusal to register the mark on the grounds that it is merely descriptive of the goods.  In response, Applicant intends to amend the mark to be registered on the Supplemental Register.  To do so, Applicant must first submit an Allegation of Use to prove that it is using the mark.  Therefore, Applicant intends to submit a specimen that is being used in commerce along with a declaration attesting to the use of the specimen shortly after filing this response.  After filing the Allegation of Use, Applicant will file a supplemental response to this Office action, requesting that the application be amended to be registered on the Supplemental Register.

          These filing should address each of the issues raised in this Office action. 

 

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: /doug piper/      Date: 01/17/2007
Signatory's Name: Doug Piper
Signatory's Position: Officer of the Applicant

Response Signature
Signature: /Hunter S. Freeman/     Date: 01/17/2007
Signatory's Name: Hunter S. Freeman
Signatory's Position: Attorney for Applicant
        
Serial Number: 76639678
Internet Transmission Date: Wed Jan 17 17:51:56 EST 2007
TEAS Stamp: USPTO/ROA-XX.XXX.XX.XXX-2007011717515619
5159-76639678-3602da874d0d5249afe1fba9f9
b57bf92b-N/A-N/A-20070110140022508378