Response to Office Action

PTO Form 1957 (Rev 9/2005)

OMB No. 0651-0050 (Exp. 04/30/2011)

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PTO Form 1957 (Rev 9/2005)

OMB No. 0651-0050 (Exp. 04/30/2011)

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 76694751 has been amended as follows:

ADDITIONAL STATEMENTS
Applicant respectfully requests that the refusal on the basis that the submitted specimen is not an acceptable use of the mark in connection with the goods in Class 30 be withdrawn and the application approved for publication. TMEP Section 904.03(g) provides that displays associated with the goods are acceptable specimens of use of trademarks. Point of sale displays that are acceptable specimens include point-of-sale material, such as banners, shelf-talkers, window displays, menus and similar devices. The specimen submitted shows a point of sale use of the EXTRA!EXTRA! mark at the cash register where people order the EXTRA!EXTRA! pizza. The display is designed to catch the attention of purchasers and prospective purchasers and is an inducement to make a sale of an EXTRA!EXTRA! pizza. The display prominently displays the trademark in question and associates it with the pizzas being ordered by customers. The display of the EXTRA! EXTRA! mark as shown in the submitted specimen is related to the sale of applicant's pizza and the association between the EXTRA!EXTRA! mark and applicant's pizzas is inevitable. Since the submitted specimen shows use of the mark next to the cash register it is clear on a display associated with the sale of the goods.

SIGNATURE(S)
Declaration Signature
If the applicant is seeking registration under Section 1(b) and/or Section 44 of the Trademark Act, the applicant has 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); and/or the applicant has had a bona fide intention to exercise legitimate control over the use of the mark in commerce by its members. 37 C.F. R. Sec. 2.44. 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); and/or the applicant has exercised legitimate control over the use of the mark in commerce by its members. 37 C.F.R. Sec. 244. 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: /Martin I. Caruso/      Date: 03/25/2009
Signatory's Name: Martin I. Caruso
Signatory's Position: Assistant General Counsel

Response Signature
Signature: /Martin I. Caruso/     Date: 03/25/2009
Signatory's Name: Martin I. Caruso
Signatory's Position: Assistant General Counsel

The signatory has confirmed that he/she is an attorney who is a member in good standing of the bar of the highest court of a U.S. state, which includes the District of Columbia, Puerto Rico, and other federal territories and possessions; and he/she is currently the applicant's attorney or an associate thereof; and to the best of his/her knowledge, if prior to his/her appointment another U.S. attorney or a Canadian attorney/agent not currently associated with his/her company/firm previously represented the applicant in this matter: (1) the applicant has filed or is concurrently filing a signed revocation of or substitute power of attorney with the USPTO; (2) the USPTO has granted the request of the prior representative to withdraw; (3) the applicant has filed a power of attorney appointing him/her in this matter; or (4) the applicant's appointed U.S. attorney or Canadian attorney/agent has filed a power of attorney appointing him/her as an associate attorney in this matter.

        
Serial Number: 76694751
Internet Transmission Date: Wed Mar 25 10:19:47 EDT 2009
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XXX-200903251019472
01695-76694751-430c666ac46efcda1b903a3b4
e76314e7a-N/A-N/A-20090325100828517147