PTO Form 1957 (Rev 9/2005)
OMB No. 0651-0050 (Exp. 04/2009)

Response to Office Action

The table below presents the data as entered.

Input Field
Entered
SERIAL NUMBER77138576
LAW OFFICE ASSIGNEDLAW OFFICE 109
MARK SECTION (current)
STANDARD CHARACTERS NO
USPTO-GENERATED IMAGE NO
LITERAL ELEMENT EKKO
COLOR(S) CLAIMED
(If applicable)		Color is not claimed as a feature of the mark.
DESCRIPTION OF THE MARK
(and Color Location, if applicable) 		The mark consists of EKKO and Design.
MARK SECTION (proposed)
MARK FILE NAME\\TICRS2\EXPORT13\771\385 \77138576\xml3\ROA0002.JP G
STANDARD CHARACTERS NO
USPTO-GENERATED IMAGE NO
LITERAL ELEMENT EKKO
COLOR MARK YES
COLOR(S) CLAIMED
(If applicable)		The color(s) Color is not claimed as a feature of the mark. is/are claimed as a feature of the mark.
DESCRIPTION OF THE MARK
(and Color Location, if applicable) 		The mark consists of EKKO and Design.
PIXEL COUNT ACCEPTABLE YES
PIXEL COUNT 761 x 443
ARGUMENT(S)

In the office action the examining attorney indicated that the applicant submitted a color drawing but did not submit a color claim or provide a color location statment. An objection was therefore made.

It was not intended to claim color as a feature of the mark.  A black and white drawing is therefore being submitted at this time, and it is respectfully requested that this drawing be substituted for the one originally filed.  With this substitutuion in the drawing, it is believed that the examining attorney should now withdraw the objection to the drawing and pass this application to publication.
SIGNATURE SECTION
RESPONSE SIGNATURE /Joseph B. Lerch/
SIGNATORY'S NAME Joseph B. Lerch
SIGNATORY'S POSITION Applicant's Attorney
DATE SIGNED 07/18/2007
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Wed Jul 18 16:32:24 EDT 2007
TEAS STAMP USPTO/ROA-XX.XX.XXX.XXX-2
0070718163224800024-77138
576-380333ca116e2862d373d
b499a924395b-N/A-N/A-2007
0718155533860621


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. 77138576 has been amended as follows:

MARK
Applicant proposes to amend the mark as follows:
Current: EKKO (Stylized and/or with Design)
Color is not claimed as a feature of the mark.
The mark consists of EKKO and Design.

Proposed: EKKO (Stylized and/or with Design, see mark)

The color(s) Color is not claimed as a feature of the mark. is/are claimed as a feature of the mark. The mark consists of EKKO and Design.

ARGUMENT(S)
In response to the substantive refusal(s), please note the following:

In the office action the examining attorney indicated that the applicant submitted a color drawing but did not submit a color claim or provide a color location statment. An objection was therefore made.

It was not intended to claim color as a feature of the mark.  A black and white drawing is therefore being submitted at this time, and it is respectfully requested that this drawing be substituted for the one originally filed.  With this substitutuion in the drawing, it is believed that the examining attorney should now withdraw the objection to the drawing and pass this application to publication.



SIGNATURE(S)
Response Signature
Signature: /Joseph B. Lerch/     Date: 07/18/2007
Signatory's Name: Joseph B. Lerch
Signatory's Position: Applicant's Attorney

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: 77138576
Internet Transmission Date: Wed Jul 18 16:32:24 EDT 2007
TEAS Stamp: USPTO/ROA-XX.XX.XXX.XXX-2007071816322480
0024-77138576-380333ca116e2862d373db499a
924395b-N/A-N/A-20070718155533860621