Offc Action Outgoing

The applicant submitted a response to the Final Action on 7/7/2008. Any paper filed after final action which responds to the outstanding refusal(s) or requirement(s) is construed as a request for reconsideration. TMEP §715.03.

The trademark examining attorney has reviewed the request for reconsideration and is not persuaded by applicant’s arguments. No new issue has been raised and no new compelling evidence has been presented with regard to the outstanding issue(s) in the final Office action.

The specimens submitted by the applicant again fail to fully address the final specimen requirement, as is required at this juncture. The first purported specimen is nearly identical to that which was submitted previously, and while it might support mattress pads as goods, like the previous specimens, it does not support services. The additional material pertaining to a manager’s conference also does not support the mark being used with regard to wholesale distributorship services, only that applicant is a vendor of goods.

Therefore, the request for reconsideration is denied and the FINAL requirement(s) is continued. TMEP §715.03(a).

The filing of a request for reconsideration does not extend the time for filing a proper response to the final Office action or an appeal with the Trademark Trail and Appeal Board, which runs from the date the final Office action was mailed. 37 C.F.R. §2.64(b); TMEP §§715.03, 715.03(a), (c).

Applicant has the remainder of the six-month period from the 3/20/2008 final Office action, to respond and fully comply with the final requirement, otherwise the application will be abandoned. 15 U.S.C. §1062(b); 37 C.F.R. §2.65(a). Applicant may respond to this final Office action by:

(1) Submitting a response that fully satisfies all outstanding requirements, if feasible; and/or

(2) Filing an appeal to the Trademark Trial and Appeal Board, with an appeal fee of $100 per class.

37 C.F.R. §§2.6(a)(18), 2.64(a); TBMP ch. 1200; TMEP §714.04.

In certain rare circumstances, a petition to the Director may be filed pursuant to 37 C.F.R. §2.63(b)(2) to review a final Office action that is limited to procedural issues. 37 C.F.R. §2.64(a); TMEP §714.04; see 37 C.F.R. §2.146(b); TBMP §1201.05; TMEP §1704 (explaining petitionable matters). The petition fee is $100. 37 C.F.R. §2.6(a)(15).

/Peter Bromaghim/

Trademark Examining Attorney

Law Office 107

Phone: (571)-272-8912

Fax: (571)-273-8912

RESPOND TO THIS ACTION: Applicant should file a response to this Office action online using the form at http://www.gov.uspto.report/teas/eTEASpageD.htm, waiting 48-72 hours if applicant received notification of the Office action via e-mail. For technical assistance with the form, please e-mail TEAS@uspto.gov. For questions about the Office action itself, please contact the assigned examining attorney. Do not respond to this Office action by e-mail; the USPTO does not accept e-mailed responses.

If responding by paper mail, please include the following information: the application serial number, the mark, the filing date and the name, title/position, telephone number and e-mail address of the person signing the response. Please use the following address: Commissioner for Trademarks, P.O. Box 1451, Alexandria, VA 22313-1451.

STATUS CHECK: Check the status of the application at least once every six months from the initial filing date using the USPTO Trademark Applications and Registrations Retrieval (TARR) online system at http://tarr.uspto.gov. When conducting an online status check, print and maintain a copy of the complete TARR screen. If the status of your application has not changed for more than six months, please contact the assigned examining attorney.