Offc Action Outgoing

This letter responds to the applicant’s communication filed on June 7, 2007. In the foregoing communication, the applicant has provided a standard character claim, clarified that the application being filed is for a Trademark. These amendment are noted for the record and amendments have been entered. The examining attorney remains of the opinion that the basis for filing requires clarification. Accordingly, the examining attorney issues the following:

Basis for Filing

In applicant’s correspondence dated June 7, 2007, applicant indicates in pages 7-16 of the response that the mark is not currently in use, and has provided several proposed specimens that are drawn on the paper response.

A filing basis is the statutory basis for filing an application to obtain registration of a mark in the United States. An applicant must specify and meet the requirements of one or more filing bases before the mark will be approved for publication for opposition or registration on the Supplemental Register. 37 C.F.R. §2.32(a)(5). TMEP §806.

In order to filed based on Use in Commerce under Section 1(a), applicant must be able to provide dates of use and a specimen that shows how applicant actually uses the mark in commerce on the goods or services. TMEP §806.01(a).

As noted above applicant has stated that the mark is not currently in use. Therefore applicant must amend the application to a 1(b) basis, indicating an Intent to Use the mark. An application based on a bona fide intention to use the mark in commerce must include the following statement, verified with an affidavit or a signed declaration under 37 C.F.R. §§2.20 and 2.33. Applicant may adopt the following to amend the application to a 1(b) basis. Trademark Act Section 1(b), 15 U.S.C. §1051(b); 37 C.F.R. §2.34(a)(2); TMEP §806.01(b).

Applicant has had a bona fide intention to use the mark in commerce on or in connection with the goods or services listed in the application as of the filing date of the application.

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 and the like 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 entitled to use such mark in commerce; that applicant has had a bona fide intention to use the mark in commerce on or in connection with the goods and/or services listed in the application as of the filing date; that the facts set forth in the application are true and correct; that 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; and that all statements made of his/her own knowledge are true and all statements made on information and belief are believed to be true.

_____________________________

(Signature)

_____________________________

(Print or Type Name and Position)

_____________________________

(Date)

Applicant’s Response

Please note that there is no required format or form for responding to this Office action. However, applicant should include the following information on all correspondence with the Office: (1) the name and law office number of the examining attorney; (2) the serial number of this application; (3) the mailing date of this Office action; and, (4) applicant's telephone number.

For your convenience, the Trademark Status Line (703) 305-8747 has been established for immediate case status inquiry. This service is available Monday through Friday from 6:30 a.m. until Midnight Eastern time. Case status inquiry is also available through the Trademark Applications and Registrations Retrieval (TARR) database at http://tarr.uspto.gov.

If applicant has questions about its application or needs assistance in responding to this Office action, please telephone the assigned trademark examining attorney directly at the number below.

/Ellen J.G. Perkins/

Ellen J.G. Perkins

Examining Attorney - USPTO

Law Office 110

(571) 272-9372

RESPOND TO THIS ACTION: If there are any questions about the Office action, please contact the assigned examining attorney. A response to this Office Action should be filed using the Office’s Response to Office action form available at http://www.gov.uspto.report/teas/eTEASpageD.htm. If notification of this Office action was received via e-mail, no response using this form may be filed for 72 hours after receipt of the notification. Do not attempt to respond by e-mail as 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.