Suspension Letter

SUSPENSION PROCEDURE: This suspension notice serves to suspend action on the application for the reason(s) specified below. No response is needed. 37 C.F.R. §2.67. However, periodic status checks will be conducted and the examining attorney may issue inquiries at 6 month intervals from the mailing date of this notice. TMEP §716.05. If a status inquiry Office action issues, applicant will have 6 months from the mailing of the status inquiry to respond. 15 U.S.C. §1062(b); 37 C.F.R. §2.62.

Action on this application is suspended pending receipt of a true copy, a photocopy, a certification, or a certified copy of a foreign registration from applicant's country of origin. If the registration is in a foreign language, an English translation must also be submitted. 15 U.S.C. §1126(e); 37 C.F.R. §§2.34(a)(3)(ii); TMEP §§716.02(b), 1004 et seq. Please note that applicant must notify the examining attorney if the foreign application abandons.

Complete Declaration Required

Applicant must submit, in a signed affidavit or declaration under 37 C.F.R. §2.20, the following statement: “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, and the facts set forth in the application are true and correct.” 37 C.F.R. §2.193(c)(1)(iii); TMEP §804.02.

The declaration contained in applicant’s response is dated January 24, 2007. Applicant’s filing date is September 20, 2006. The referenced declaration does not contain any of the aforementioned language.

If applicant responds to this Office action via TEAS, applicant may satisfy this requirement by adding the required statement (specified immediately above) to the TEAS response form, checking the box for a “signed declaration,” and properly signing the form by either (1) choosing an electronic signature consisting of any combination of letters, numbers, spaces and/or punctuation marks, preceded and followed by the forward slash (/) symbol (e.g., /johndoe/), and entering this in the signature block on the response form, or (2) attaching a JPG or PDF image of a declaration under 37 C.F.R. §2.20 (see declaration paragraph below) together with a pen-and-ink signature. TMEP §804.05.

If applicant responds to this Office action on paper, via regular mail, applicant may satisfy this requirement by providing the following declaration at the end of the response, properly signed and dated:

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)

Remainder of Issues Resolved in Response

Applicant is advised that its amended identification of goods and statement regarding possible significance of the term comprising the mark are acceptable and have been entered into the record. Applicant is reminded that the format of the drawing in the foreign registration will need to be addressed (as noted by applicant) upon submission of a copy of said registration.

/Matthew J. Pappas/

Law Office 107

HELP LINE: 571/272-9250

matthew.pappas@uspto.gov (informal)

571/272-9206 phone

571/273-9107 fax

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.