Response to Office Action

PTO Form 1957 (Rev 9/2005)

OMB No. 0651-0050 (Exp. 04/2009)

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PTO Form 1957 (Rev 9/2005)

OMB No. 0651-0050 (Exp. 04/2009)

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 77012104 has been amended as follows:
Argument(s)
In response to the substantive refusal(s), please note the following:

I respectfully submit an agreement entered into between the applicant and the owner of the trademark that this honorable office mentioned in the office action.  We tried in earnest to meet the guidelines offered by the examiner in her well written office action as well as the Board decisions pertaining thereto and respectfully ask that the application be allowed to proceed to registration.

Applicant hereby withdraws its claim of acquired distinctiveness and respectfully asks the examiner to delete it from the application.

Evidence
Evidence in the nature of Agreement between the parties has been attached.
Original PDF file:
evi_6419029130-172152666_._Co-Existence_Agreement_5_21_07.pdf
Converted PDF file(s) (3 pages)
Evidence-1
Evidence-2
Evidence-3


Response Signature
Signature: / JPB /     Date: 05/21/2007
Signatory's Name: John P. Bostany
Signatory's Position: Attorney for Applicant

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: 77012104
Internet Transmission Date: Mon May 21 17:28:45 EDT 2007
TEAS Stamp: USPTO/ROA-XX.XXX.XX.XXX-2007052117284539
9484-77012104-370f301618c0a5c2641b4e9628
eb3754da-N/A-N/A-20070521172152666371