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. 77729559 has been amended as follows:

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

The Examining Attorney has refused registration because Applicant's mark appears to be an exact duplicate of the mark reflected in prior U.S. Registration No. 2707634.  Applicant submits, however, that the trademark office cancelled U.S. Registration No. 2707634 on November 21, 2009.  Copies of printed pages from the TARR web server reflecting this information are attached here.  Accordingly, Applicant respectfully requests that its Application be permitted to proceed to publication.

EVIDENCE
Evidence in the nature of Copies of printed pages from the TARR web server has been attached.
Original PDF file:
evi_649410567-121907481_._77729559_Attachments_to_ROA.pdf
Converted PDF file(s) (4 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4

SIGNATURE(S)
Response Signature
Signature: /Gail I. Nevius Abbas/     Date: 01/07/2010
Signatory's Name: Gail I. Nevius Abbas, Esq.
Signatory's Position: Attorney of Record

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: 77729559
Internet Transmission Date: Thu Jan 07 15:28:14 EST 2010
TEAS Stamp: USPTO/ROA-XX.XX.XXX.XX-20100107152814799
745-77729559-460745497d65150389e1c384ff1
1b1dab0-N/A-N/A-20100107121907481712