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. 76647294 has been amended as follows:
Mark
Applicant proposes to amend the mark as follows:
Original: MONA BLENDED SHEEPMILK/COWMILK CHEESE AN OLD WORLD TASTE FOR YOUR NEW WORLD LIFE (standard characters)
Proposed (USPTO generated image): Mona (Standard Characters, see mark)
The mark consists of standard characters, without claim to any particular font, style, size, or color.

Classification and Listing of Goods/Services

Applicant hereby amends the following class of goods/services in the application as follows:
Current: Class 029 for Cheese; Sheep cheese
Original Filing Basis: 1(b).
Proposed: Class 029 for Cheese; Sheep cheese
Deleted Filing Basis: 1(b)
New/Additional Basis:

Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 06/01/2004 and first used in commerce at least as early as 06/01/2004, and is now in use in such commerce.
Applicant hereby submits a specimen for Class 029.
The specimen(s) submitted consists of Scanned Label.

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


Additional Statements
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. s. 1001, and that such willful false statements may jeopardize the validity of the application or any resulting registration, declares that he believes the applicant to be the owner of the trademark sought to be registered; declares that the substitute speciman was in use in commerce at least as early as the filing date of the application; and declares all statements made of his own knowledge are true and all statements made on information and belief are believed to be true.

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: /ryan steffes/      Date: 05/18/2006
Signatory's Name: Ryan J. Steffes
Signatory's Position: Attorney

Response Signature

Signature: /ryan steffes/     Date: 05/18/2006
Signatory's Name: Ryan J. Steffes
Signatory's Position: Attorney
        
Serial Number: 76647294
Internet Transmission Date: Thu May 18 09:34:09 EDT 2006
TEAS Stamp: USPTO/ROA-XX.XXX.XX.XXX-2006051809340910
5429-76647294-33277a941f68f9e9acf6591ced
2e8305a-N/A-N/A-20060518091902431604