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. 77100477 has been amended as follows:
Mark
Applicant proposes to amend the mark as follows:
Original: DBB (standard characters)
Proposed: dbb (Stylized and/or with Design, see mark)
The applicant is not claiming color as a feature of the mark.

The mark consists of small letters - one d followed by two b's .

Argument(s)
In response to the substantive refusal(s), please note the following:
Because of the fact that two applicants have applied with virtually the same mark as I have, I would like to submit a substitution with a more limiting mark than before.  The mark will have a small d and small b's.

Classification and Listing of Goods/Services

Applicant hereby amends the following class of goods/services in the application as follows:
Current: Class 040 for Manufacture of general product lines in the field of products to the order and specification of others
Original Filing Basis: 1(a).
Proposed: Class 040 for Manufacture of general product lines in the field of products to the order and specification of others
Filing Basis: 1(a).
Section 1(a), Use in Commerce: The mark was first used at least as early as 02/03/2006 and first used in commerce at least as early as 11/15/2006, and is now in use in such commerce.
Applicant hereby submits a new specimen for Class 040.
The specimen(s) submitted consists of Website use of specimen.
For an application based on 1(a), Use in Commerce, "The substitute specimen(s) was in use in commerce as of the filing date of the application."
Specimen File1


Declaration Signature
If the applicant is seeking registration under Section 1(b) and/or Section 44 of the Trademark Act, the applicant 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). 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). 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: /Marshella Dedeaux/      Date: 06/11/2007
Signatory's Name: Marshella Dedeaux
Signatory's Position: Partner

Response Signature
Signature: /Marshella Dedeaux/     Date: 06/11/2007
Signatory's Name: Marshella Dedeaux
Signatory's Position: Partner

The signatory has confirmed that he/she is not represented by either an authorized attorney or Canadian attorney/agent, and that he/she is either (1) the applicant or (2) a person(s) with legal authority to bind the applicant; and if an authorized U.S. attorney or Canadian attorney/agent previously represented him/her in this matter, either he/she has filed a signed revocation of power of attorney with the USPTO or the USPTO has granted the request of his/her prior representative to withdraw.
        
Serial Number: 77100477
Internet Transmission Date: Mon Jun 11 18:57:13 EDT 2007
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XX-2007061118571381
2566-77100477-370e3346fa41f8ab825396dc85
8546e96e-N/A-N/A-20070611182813576243